Supreme Court Refuses To Stop VHP Rallies In Delhi, Urges Authorities To Prevent Hate Speech And Violence

The Supreme Court today, while dealing with an application filed by some Members of the Muslim community in a Hate Speech matter, refused to stop the rallies proposed to be organized by the Vishwa Hindu Parishad in the Delhi NCT region, in protest against the communal violence that occurred a day earlier in Nuh, Haryana.

The Special Bench of Justice Sanjiv Khanna and Justice S.V.N. Bhatti in its order noted, "This application has been listed pursuant to mentioning before Hon'ble the Chief Justice. Attention has been drawn to the order dated 21.10.20222. SV Raju learned Additional Solicitor General has entered an appearance on behalf of the Union of India. He says he requires some time to obtain instructions. However, during the course of the hearing, it is accepted and admitted that directions here in the order dated 21.10.2022 as extended by order dated 20.01.2023 have to be complied with."

The Bench in its order further observed, "We hope and trust that the authorities including the police authorities will ensure that there are no hate speeches against any community and there is no violence or damage to properties and wherever required adequate police force or paramilitary force will be deployed. Further, the authorities including the police force will make use of the CCTV camera where installed or make video recording in all sensitive areas wherever required. The CCTV footage and the video will be preserved. Re-list this on Friday. This order will be communicated by the registry to the standing counsel state of Uttar Pradesh, Haryana and the State of N.C.T. of Delhi."

At the beginning of the hearing, the Bench inquired with Senior Advocate CU Singh representing the applicants about the prayers mentioned in the application. Singh stated that the prayers in the application pertained to a call for numerous protests, yatras, and meetings across the entire National Capital Territory (NCT). Justice Khanna sought further clarification, asking if these were processions or rallies with speeches. In response, Singh clarified that the term used was "demonstration," but these were actually rallies taking place at 23 different locations in Delhi. Some rallies had already occurred in the morning, and others were scheduled for the evening.

Justice Khanna then asked if there were any instances of hate speech during the morning rallies. Singh confirmed that there were indeed incidents of hate speech during the rallies in the morning.

Singh proceeded to request a stay on the rallies organized by the VHP, stating that a maha panchayat is scheduled for 4 PM today. However, Justice Khanna declined the request and said "Let it be, as long as there is no hate speech, no violence whether destruction of property or violence against individuals." Justice Khanna also referred to an order passed by the Court on October 21, 2022, emphasizing that hate speech is not permitted.

Turning to ASG Raju, Justice Khanna asked him to take notice of the application and urged him to get in touch with the authorities. "In meanwhile, get in touch with authorities to ensure there are no hate speeches. We are not aware of what is happening and what has not happened, please ensure that authorities must take adequate precautions to ensure that there is no violence coupled with no instances of hate speeches", said Justice Khanna and adjourned the matter for Friday.