Nothing To Suggest That Speeches Disturbed Public Order: SC While Releasing Maulana Mufti Salman Azhari Detained For Hate Speech In Gujarat

The Supreme Court has directed the release of prominent Muslim cleric and scholar Maulana Mufti Salman Azhari, who had been detained under the Gujarat Prevention of Anti-Social Activities Act, 1985 (PASA) for alleged hate speech.

The Bench of Justice Vikram Nath and Justice Prasanna B. Varale set aside the Gujarat High Court’s decision, which had upheld the detention order.

Senior Advocate Huzefa A. Ahmad appeared for Azhari, and Additional Solicitor General (ASG) SV Raju appeared for the State of Gujarat.

The Court noted, "The present appeal is directed against the judgment and order dated 29th July, 2024 passed by the High Court of Gujarat at Ahmedabad in R/Special Civil Application No. 3971 of 2024, dismissing the prayer of the appellant seeking writ of habeas corpus challenging the detention order dated 16th February, 2024 issued by the District Magistrate, Junagadh, Gujarat."

The Court ordered, "Having gone through the material on record, we find that the order of detention cannot be sustained as apparently there is nothing to suggest that the speeches delivered by the appellant are in any manner disturbing the public order."

Accordingly, the Bench allowed the Appeal and ordered, "The impugned judgment and order dated 29th July, 2024 of the High Court of Gujarat and the detention order 16th February, 2024 issued by the District Magistrate, Junagadh, Gujarat are set aside."

Azhari was detained on February 22, 2024, and held at Vadodara Central Jail after the Gujarat High Court dismissed his plea challenging the detention. Pertinently, on July 29, the Division Bench of the Gujarat High Court had validated the order, stating that Azhari's public speeches, circulated on social media, were capable of promoting enmity between religious groups and prejudicing public harmony and national integration.

"The activities of public speeches and the material collected and placed before the authority, is sufficient material for the subjective satisfaction of the Detaining Authority that there was disturbance of tranquility and harmony of public life. The order of detention seems to be based on requisite satisfaction and while making the order, there was proper application of mind to all relevant circumstances and power has not been exercised for improper purpose and has acted independently. It needs to be noted that, the speeches delivered by the petitioner cannot be confined to an individual and considering the repercussions of the addressing, it would lead to the public disorder," the High Court had opined.

The Division Bench had ordered, "For the reasons recorded, we have no hesitation to hold that, the material available on record in the present case are sufficient and adequate for holding that the alleged prejudicial activities of the detenue have either affected adversely or likely to affect adversely the maintenance of public order within the meaning of Section 4(3) of the Act."

Cause Title: Salman@ Mufti Mohammad Salman Azhari v. State of Gujaratt & Ors. [Civil Appeal No(s). 11682 OF 2024]

Appearance:-

Appellant: Senior Advocate Huzefa A. Ahmadi, Advocates Pradhuman Gohil, Taruna Singh Gohil (AOR), Alapati Sahithya Krishna, Hetvi K. Patel, Rushabh N. Kapadia, Siddharth Singh, Rashmi Singh, Ashray Chopra, S.M.M. Owsis T. Jahagirdar, Vahid Shaikh, S. Khan

Respondents: ASG SV Raju, Advocates Swati Ghildiyal (AOR), Devyani Bhatt, Srujana Suman Mund, Hitarth Raja

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