Supreme Court refuses to issue notice in plea seeking SIT probe into alleged hate speeches at Dharam Sansad events

Read Time: 06 minutes

A Supreme Court of Justices Khanwilkar and Abhay Oka today refused to issue notice in plea by army veterans seeking a probe by Special Investigation Team into the alleged hate speeches that were made at the Dharam Sansad events in Haridwar and Delhi agreed to keep the matter on board.

The court however agreed to list the matter with the other petition seeking court’s intervention in respect of the ‘hate speeches’ that were delivered on the 17th December 2021 at Haridwar organised by Yati Narsinghanand, and on 19th December 2021 at Delhi, organised by an organization called ‘Hindu Yuva Vahini’. According to the petition, the speeches were made with the apparent objective of declaring war against a significant section of the Indian Citizenry.

When the plea came up for hearing, Shyam Divan, Senior Advocate, submitted that the petitioners were highly decorated army officers and that the petition is directed against the religious events organised at Haridwar and Delhi between 17th and 19th December 2021. The court asked Divan to go through the replies filed by Uttarakhand and Delhi to see if the plea survives. Divan submitted that the plea will survive.

The court then asked the petitioners to go through the reply filed by Uttarakhand and informed the parties that they are not issuing notice, however they will keep the case on board when the connected matter comes up for hearing on May 9, 2022. The court further directed the replies filed by Uttarakhand and Delhi police to be made available to the petitioners.

It is to be noted that the Supreme Court had directed the Delhi Police to file a fresh affidavit today remarking, “This affidavit is filed by Deputy Commissioner of Police? We hope he understands the nuances as also the other aspects. If he has merely reproduced the enquiry report or has he applied his mind? If this is the stand, we will have to ask the Commissioner to look into it.”

On the last date of hearing, in the plea seeking court’s intervention, the Supreme Court refused to the stay the Dharam Sansad event that is to take place in Himachal Pradesh, the court however granted liberty to the petitioners to move the local authorities at the place where the event is to take place. The court has further directed the State of Uttarakhand to file a status a report on the action it has taken in respect of the ‘hate speeches’ that was delivered on the 17th December 2021 at Haridwar organised by Yati Narsinghanand.

On January 12, 2022, a bench headed by Chief Justice of India NV Ramana issued notice in the Public Interest Litigation while expressing its apprehension on other similar matters and intervention applications being filed with regard to the same issue. The CJI said, "There are penal laws, there is a judgment of the Supreme court as per the counsel, there are enough laws. What law can we lay down now?"

Case title: SG Vombaktere Vs Union of India