Supreme Court Grants Interim Bail To Jitendra Tyagi In Dharma Sansad Hate Speech Case

The Supreme Court today granted bail for 3 months to Wasim Rizvi alias Jitendra Narayan Tyagi on medical grounds in a case for alleged hate speeches at the Dharam Sansad held at Haridwar, Uttarakhand

Bench comprising of Justice Ajay Rastogi and Justice Vikram Nath heard the petition filed by Wasim Rizvi challenging the order of the Uttarakhand High Court and directed Rizvi to give an undertaking that he will not give any hate speech or any statement on any electronic or social media.

The counsel appearing for the State of Uttarakhand had submitted before the Court that, "we have to maintain communal harmony at all cost. He should not make a statement of hate speech and if he does, we will arrest him".

The Supreme Court had on the previous hearing issued notice on the Petition. While issuing notice the Bench had remarked, "Before they ask to sensitise others they have to sensitise themselves first. They are not sensitised. This is something spoiling the whole atmosphere".

Wasim Rizvi is under trial for delivering an alleged hate speech against minorities in Dharam Sansad that happened in Haridwar, Uttarakhand. The Uttarakhand police had booked Rizvi under Sections 153A and 298 of the Indian Penal Code.

Vasim Rizvi had approached the High Court of Uttarakhand for grant of bail. The High Court while rejecting the bail application had noted that, "the transcript reveals that there are huge derogatory remarks against a particular religion; against Prophet. The Prophet has been abused; it intends to wound the religious feelings of persons belonging to a particular religion; it intends to wage war. It promotes enmity. It is a hate speech."

The High Court had also stated that, "Right to freedom, as granted under the Constitution is not an absolute right. It has limitations. Right to freedom of speech and expression is subject to the restriction as given under Article 19(2) of the Constitution".