'Spoiling the whole atmosphere,’ says SC on Haridwar Dharam Sansad hate speech
People who delivered hate speeches at the Haridwar Dharam Sansad event in December last year are “spoiling the whole atmosphere” of the country, the Supreme Court observed on Thursday.
People who delivered hate speeches at the Haridwar Dharam Sansad event in December last year are “spoiling the whole atmosphere” of the country, the Supreme Court observed on Thursday.
“Spoiling the atmosphere. Stay together peacefully, enjoy life,” remarked a bench of justices Ajay Rastogi and Vikram Nath as it heard a bail plea of Jitendra Narayan Singh Tyagi, formerly Waseem Rizwi, who has been in prison since January for allegedly delivering hate speeches during the religious event in Haridwar last year.
On December 23, Haridwar police registered its first case into the three-day Dharam Sansad held from December 17-19, which caused a furore on social media, as the participating religious leaders called for violence against minorities. Police named five people, including Tyagi, as accused in the case.
Tyagi, who is the main accused, was arrested on January 13. He approached the top court after his plea for bail was rejected by the Uttarakhand high court on March 8.
In his bail petition, Tyagi said the speech at the Dharam Sansad was delivered to seek reform. “We need to be sensitive to other citizens in the country,” senior advocate Sidharth Luthra, who appeared for Tyagi along with advocate Pulkit Srivastava, said.
To this, the bench said: “Before they ask to sensitise others, they have to sensitise themselves first.”
During the hearing, the bench also wished to know the meaning of Dharam Sansad.
“I am an Arya Samaji, I don’t know. I have seen videos, people in bhagwa kapdas (saffron clothes) got together and gave speeches,” Luthra said.
“This is something which is spoiling the whole atmosphere,” the court said.
The bench, however, noted that the maximum punishment for the offence Tyagi is charged with is three years and he has been in jail since January. Tyagi has been booked for under section 153A (promoting enmity between religious groups ) and section 298 (uttering words aimed to wound the religious feelings of any person) of the Indian Penal Code
“The maximum punishment under the offence he is charged with is three years. For four months he is in custody. The investigation may have been completed. What further investigation do you need him for?” the court asked the state government, as it sought a response and posted the matter for hearing on Tuesday.
Meanwhile, a complainant who had registered a case against Tyagi, also appeared on caveat, and urged the top court to consider the gravity of the utterances made by the accused.
“After the Dharam Sansad event was over on December 19, he (Tyagi) made another video on December 28 where he made much more serious utterances. They want to send a message across that they are not afraid of the law,” advocate Mahmood Pracha, who appeared for the complainant Nadeem Ali, said.
The bench said: “We are not concerned about what happened. We have to take the totality of the matter – what is the punishment, how long is he in custody, etc.”’
Two FIRs have been registered against Tyagi over his alleged hate speech – one by Gulbahar Khan on December 23 and the other by one Nadim Ali on January 2. Pracha appeared before the top court for the second complainant.
While denying Tyagi bail, a single judge bench of the Uttarakhand high court had said: “There are huge derogatory remarks against a particular religion… The Prophet has been abused. It intends to wound the religious feelings of persons belonging to a particular religion. It intends to wage war, promotes enmity. It is a hate speech.”
Tyagi, in his bail plea, has also pointed out that the charge sheet against him was already filed in the case. He said his release on bail was essential as he required urgent medical attention.
Yati Narsinghanand, head priest of Ghaziabad’s Dasna Devi temple, was also arrested and is out on bail. Tyagi has also referred to Narsinghanand’s bail in his plea.
The investigation into the alleged hate speech event is being monitored by the top court.
A special investigation team (SIT) formed by the Uttarakhand police is already probing the matter. (CHECK)
