2021 Delhi Hindu Yuva Vahini Meet: SC Closes Contempt Petition Seeking Action By Delhi Police For Hate Speech

The Supreme Court today disposed of a contempt petition seeking compliance with the judgement in the matter of Tehseen S Poonawalla v. Union of India by registering FIRs for the alleged hate speech made during the Hindu Yuva Vahini Meet in Delhi in December 2021.

The Apex Court was informed that a chargesheet has been filed in the case. The Chief Justice then observed the Court's role has come to an end now and closed the contempt petition. 

The Bench of Chief Justice DY Chandrachud and Justice J.B. Pardiwala was informed by Additional Solicitor General K M Nataraj, appearing for the Delhi Police that the investigation has been completed and that the chargesheet has been filed before the Court of Metropolitan Magistrate, Saket Court, Delhi.

Advocate Shadan Farasat appearing for the petitioner submitted that the chargesheet should be placed before the Court as there was a reference in the previous orders about the delay in filing the chargesheet in the incident that occurred in the year 2021.

The ASG apprised the Court that since the chargesheet is before the Magistrate, the magistrate should decide on taking cognizance as per the Law and that there is nothing left for the Supreme Court to do in the matter and it is not expedient to pursue the contempt case.

The CJI then dictated the order noting that after the conclusion of the investigation, a chargesheet under Section 173 of the CrPC has been filed before the Court of Metropolitan Magistrate, Saket on April 4 and that in view of the chargesheet having been filed, it is not expedient in the interest of justice to exercise contempt jurisdiction. The Judicial Magistrate was granted liberty to proceed as per the CrPC. 

On the last date of the hearing, K M Nataraj, Additional Solicitor General representing the Delhi Police had submitted to the Court that the investigation was at an advanced stage and the report on the voice sample was to come from the Forensic Laboratory and Advocate Shadan Farasat appearing for the petitioner submitted that the alleged event of hate speech took place on December 19, 2021, but to the utter dismay, the FIR was registered only on May 4, 2022, nearly five months later and that there was no progress in the investigation and no arrest had been made.

As the alleged hate speech took place in the State of Uttrakhand and in Delhi, the contempt petition was filed seeking compliance with the directions issued in the case of Tehseen S Poonawalla vs Union of India and Others [(2018) 9 SCC 501]. The DGP, Uttrakhand was discharged from the purview of these proceedings as the state had complied with the directions and had registered several FIRs as per the status compliance report submitted before the Supreme Court in other related matters. 

The Court proceedings were then only confined to Delhi Police. The stand initially taken by them was that the speeches made during the Hindu Yuva Vahini event did not amount to any offence and that no hate speech was made in the event. 

Cause Title: Tushar Gandhi v. Ashok Kumar & Anr.