On the 2nd of August, the Supreme Court refused to stay the Vishwa Hindu Parishad and Bajrang Dal protest rallies in Delhi-NCR areas against the attack on Jalabhishek Yatra in Mewat by Islamists. However, the court ordered the administration to ensure that there is no hate speech during the protests and to take precautions in sensitive areas.
During the hearing, the two-judge bench of Justices Sanjiv Khanna and SV Bhatti asked the state governments and police forces of Delhi, Uttar Pradesh and Haryana to ensure that there is no hate speech against any community, violence or damage to property.
While refusing to stay on the VHP rallies, the apex court categorically stated that Law and Order is a policing issue and the court will not go either way. The court added additional police forces should be deployed and all possible measures should be taken for the security of the general masses and maintaining the rule of law.
The Court said, “We are not going this way or that way. Law and order is policing issue which must be taken care of. Let them take action as per law so that there is no violence, hate speech, or law and order issues. Deploy additional police force and the CCTV cameras.”
The petition and court’s observations
The application was filed by Shaheen Abdullah through senior advocate Chander Singh, seeking directions to stop the VHP-Bajrang Dal rallies in Delhi-NCR. Advocate Singh urgently mentioned the matter before Chief Justice of India DY Chandrachud this morning during the hearing on the Article 370 case. Advocate Singh expressed apprehensions that hate speech and further violence may arise if the protests are allowed to be held.
Subsequently, CJI passed orders for an immediate listing of the application, and the special bench was constituted at 2 PM.
Appearing for the petitioner, Senior Advocate CU Singh stated that there has been a call for a large number of protests in the National Capital Region. He expressed apprehensions that there were concerns about hate speech being made calling for the “genocide” of one community.
The bench emphasised that the authorities should ensure compliance with the Supreme Court’s already passed orders in October 2022 and April 2023 in this matter. These orders direct the police to register suo motu FIR against hate speech crimes.
Justice Khanna said, “There cannot be any quarrel that hate speeches vitiate the atmosphere. Mr. Raju (Additional Solicitor General), please ensure there is compliance with our earlier order. Please ensure that authorities have to ensure there are no violence or hate speeches.”
During the proceedings, Justice Khanna stated that law and order is basically a policing issue that must be taken care of, however, the courts have to ensure that rule of law is maintained. Responding to the petitioner’s argument that a Mahapanchayat is scheduled to take place in Haryana today evening at 4 PM, Justice Khanna said, “Let it be, as long as there is no hate speech, no violence whether destruction of property or violence against individuals.”
In its order, the court directed police forces to make proper arrangements and deploy additional police or paramilitary forces in all sensitive areas. The court also asked authorities to use CCTV cameras and do video recordings wherever required.
The Court’s order stated, “We hope and trust that the State along with police shall ensure that there is no hate speech against any community or violence against any property. Wherever required, additional police force or paramilitary force be deployed, and wherever required authorities shall use CCTV cameras or make video recordings in all sensitive areas wherever required. The CCTV footage shall be preserved.”
The next hearing in the case will take place on Friday, 4 August.
