Hate Speech| Supreme Court Directs Delhi Police To File Affidavit Within Two Weeks
The Supreme Court today asked Additional Solicitor General K.M. Natraj to inform the Supreme Court as to the steps taken by the Delhi Police following the registration of FIR in May 2022 relating to the alleged hate speech incident of December 2021 relating to a Hindu Yuva Vahini event.
A Bench comprising CJI DY Chandrachud and Justice PS Narasimha has directed that the Investigation Officer of the Delhi Police to file its affidavit within two weeks placing on record the steps taken to pursue the investigation into the incident of Dec 2021.
Advocate Shadan Farasat, who appeared on behalf of the petitioner Tushar Gandhi seeking initiation of contempt action against the Commissioner of the Delhi Police said before the Court that “I don’t seek contempt action against the DGP. I request action with respect to the incident.”
“They are saying it’s under investigation. They have not arrested anyone, no chargesheet has been filed. Poonawalla Judgement says that chargesheet should be filed within 03 months”, alleged Advocate Farasat, appearing for the petitioner.
Additional Solicitor General retorted that “He cannot dictate the manner of investigation. Investigation will take its own time.”
The Bench led by CJI DY Chandrachud asked the ASG, “The FIR was filed after 5 months. How many arrests have been made? How many people have been examined? What progress has been made?”
“How have you followed? It has been 8 months now. No Investigation”, asked CJI Chandrachud to the ASG, who said that guidelines laid down by the Supreme Court have been followed.
"The Investigation Officer to place on record the steps taken to pursue the investigation into the incident of December 2021. Let the Investigation Officer file the affidavit within 02 weeks”, ordered the Supreme Court.
Earlier, the Supreme Court had discharged the Director General of Police (DGP) of the Uttarakhand Police on the ground that another petition is pending before the Supreme Court. The said petition filed by Tehseen Poonawalla, inter alia, related to the incident which took place in Uttarakhand in December, 2021 resulting in the registration of several FIRs.
In its 2018 ruling, the Apex Court has laid down detailed guidelines to prevent people who are likely to engage in crimes like hate speeches, provocative statements and fake news. “The police shall cause to register FIR under Section 153A of IPC and/or other relevant provisions of law against persons who disseminate irresponsible and explosive messages and videos having content which is likely to incite mob violence and lynching of any kind”, it directed.
Cause Title- Tushar Gandhi v. Rakesh Asthana & Anr.