New Delhi: The Maharashtra government on Friday gave an undertaking to the Supreme Court that it will allow Sakal Hindu Samaj to hold its proposed meeting on February 5, provided the organization gives an assurance that no organizer or attendee will make any hate speech, in defiance will work To disturb law or public order.
Sakal Hindu Samaj is an apex body of Hindu-nationalist groups which has been organize a protest Against cases of inter-religious marriage and conversion.
Solicitor General Tushar Mehta heard a petition on behalf of the Maharashtra government before a bench of Justices KM Joseph and JB Pardiwala, seeking a stay on the proposed meeting. Filed by one Shaheen Abdullah, the petition drew the attention of the top court to a similar meeting held at Mumbai’s Shivaji Park on January 29, where anti-Muslim hate speeches were made.
Apprehensive of a recurrence of the incident, Abdullah moved the court with a request to direct the Maharashtra Police to invoke Section 151 of the Code of Criminal Procedure (CrPc), which empowers the police to make arrests to prevent the commission of a cognizable offence. Gives
On receipt of an affidavit from the Solicitor General, the bench ordered the state to videograph the incident and submit a report to the court. The judges said the police inspector of the area should video-record the meeting and make its contents available to the court.
The bench also directed the police authorities to invoke Section 151 of CrPC to prevent law and order situation if the Sakal Hindu Samaj is allowed to hold the programme. The direction was given despite Mehta’s opposition to the plea made by the petitioner.
Warning against a repeat of the Dharam Sansad held in Uttarakhand and Himachal Pradesh last year, where speakers allegedly delivered hate speeches against Muslims, Justice KM Joseph told Mehta that the court should allow a “replication” of the Dharam Sansad Can’t give
During the hearing, Mehta criticized the petitioner for taking up a “selective” cause. He questioned the whereabouts of Abdullah, noting that the latter was a resident of Kerala, while the event is to be held in Maharashtra.
“Now these selective cases are being filed. Can this important platform be abused like this? He claimed that people are picking up causes and coming to court, seeking a ban on the events in various parts of the country. “Can it (Supreme Court) be converted into an authority which allows sittings,” the Solicitor General asked the bench.
Abdullah’s petition states that calls for economic and social boycott of Muslims were given at several rallies held across Maharashtra. He insisted that children also participate in such rallies, about which the state government is aware.
Senior advocate Kapil Sibal, appearing for Abdullah, alleged that an open call to kill Muslims was made by a Bharatiya Janata Party (BJP) MLA at an event organized by Sakal Hindu Samaj in Mumbai on January 29.
While Mehta admitted that the remarks made in the earlier incidents were distasteful, he advised the court to be very careful in passing an order that could amount to “pre-censorship”. “If someone is prevented from expressing his views, there would be prevention of Article 19(1)(a),” he argued.
In replyThe bench told Mehta that the court “may be reluctant” to pass any prohibitory orders. Although the court said that the state Government Must ensure that no statements are made in haste And steps are taken to maintain vigilance during the planned meeting.
The court also asked Mehta to submit his response to Abdullah’s allegations regarding his alleged hate speech delivered on January 29 at an event organized by Sakal Hindu Samaj in Mumbai. Mehta assured the bench that a statement regarding the incident would be filed.
(Editing by Amritansh Arora)
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