On Thursday, 20th October 2022, the Supreme Court issued notice on a petition seeking urgent intervention in a set of matters regarding so-called anti-Muslim hate crimes. The petition mentioned these matters as a “growing menace of targeting and terrorizing the Muslim community in India”, and seeks prosecution under UAPA for such alleged hate crimes against Muslims. The petition was heard by a bench led by Justice KM Joseph. Justice Ajay Rastogi and Justice CT Ravikumar were the other two judges on the bench. Advocate Kapil Sibal appeared in the court on behalf of the petitioner named Shaheen Abdullah.
The petitioner asked the Union of India and the State Governments for specifications on how they should launch an objective, independent, and credible inquiry into incidences of hate crimes and hate speeches. The petitioner also sought direction in order to take proper legal action against the speakers and organizations committing such alleged hate crimes against Muslims under the Unlawful Activities Prevention Act and other criminal laws.
Kapil Sibal submitted, “Something needs to be done on the issue and some action must be taken against the people responsible.” However, the bench observed that the prayers in the petition were vague. The court further cleared that cognizance can be taken of individual cases where FIRs are already registered.
In his reply, Kapil Sibal argued, “The prayers are not vague. We have mentioned the incidents. Several petitions have been filed in the court over last six months to stop such crimes, but they are continuing.” According to Shaheen Abdullah, who is the petitioner in this case, as members of the ruling political party actively participate in making hate speeches, the Muslim Community is being singled out and frightened.
What is said in this petition?
In his petition, Abdullah said, “The spread of hate towards Muslims and other minorities gets accelerated and becomes all the more far-reaching in its impact as a result of the support, directly or indirectly extended to radical miscreants, who engage in acts of hate crimes, physical violence as well
as communally charged speeches, by the ruling Political party.”
He further said in his petition, “No action seems to be forthcoming against the speakers or the parties that organize such events where genocidal and hateful speeches are delivered. In most cases, minimal action of merely registering FIRs, and that too under lesser offenses, is the only thing that is done by the authorities which seem to be more of a formality than any genuine initiation of the criminal machinery.”
The petitioner also alleged that the radicalization of Hindus is on the rise. He said in his petition, “Despite the fact that this Hon’ble Court has been cognizant of the genocidal speeches and hate crimes against Muslims made at several events and several orders have been passed by this Court directing the concerned authorities to take appropriate action, the circumstances of the country only seem to be worsening with the growing radicalization of the Hindu community and the propagation of widespread hate against Muslims that also culminates into the physical abuse of Muslims by radical elements.”
