Did You Approach The Magistrate, Asks Justice KM Joseph When Beheading Calls Were Highlighted During Hate Speech Hearing
Yesterday, during the hearing of the case against hate speech, Advocate Vishnu Jain who appeared for Hindu Front for Justice-Trust, an NGO from Uttar Pradesh, highlighted beheading calls raised against a particular community across the country during protests.
He submitted that urgent action is needed on the issue of beheading calls being made across the country, before the Bench of Justice KM Joseph and Justice BV Nagarathna.
"There is something very very serious which I want to highlight before My Lord and I am requesting My Lord and praying that Your Lordship may kindly take urgent, immediate action and issue directions so far as these instances are concerned", Advoate Jain submitted.
After perusing the IA, Justice Joseph said that the prayer for intervention has already been allowed. "I have highlighted the calls for beheading, which have been made all across the country", Vishnu Jain submitted.
"Beheading of a specific community. This is something very very serious. I am not comparing myself with any other petitioner, but I am standing on my on footing and this very very serious incident I am bringing to My Lord's notice. I have no other prayer. I am requesting My Lords to issue directions so far as these beheading calls are continuing in this country. Lordship may kindly appreciate this fact, actual instances of beheading have happened", he submitted.
"....these calls of beheading, which have been made all across the country and instances of beheading are happening, violence is happening", he submitted, adding that it is a fundamental issue and some directions have to be issued.
Justice Joseph then asked, "Have you gone to the Magistrate, has anyone gone to the Magistrate?"
"My Lord, not my clients, but various other people had gone to the magistrate and had asked for registration of FIR, but no action was taken", Vishnu Jain responded.
"Therefore we are saying, what should be the course of action to be taken apart from whatever is there in the legal framework, as it exists now? You can please assist the Court on that", Justice Nagarathna told Vishnu Jain. "Definitely I will assist", he replied.
"What is the prayer at the end of all these? Application for intervention, we have allowed it", said Justice Joseph, keeping the file back.
"Whatever directions he(petitioner) is asking for, I am also asking for those directions", Jain submitted.
"Same direction we have already given", Justice Joseph responded. "But these people who have done this, no action has been taken", Advocate Jain submitted.
"So they will have to now take. I mean, if it is recent", Justice Joseph said. "It is recent", Jain replied.
"Old, stale matters we...", Justice Joseph started speaking when Justice Nagratha asked, which state it is from. "It is in all states, it is in Kerala, it has happened in West Bengal, it has happened in Bihar", Jain replied.
The matters have been adjourned to May 12, 2023 for hearing after notices were issued to all the newly impleaded States and UTs.
During the previous hearing, when the Solicitor General mentioned the video of a child in a PFI rally in Kerala raising slogans calling for preparation for the last rites of Hindus and Christians, Justice Joseph said that he was aware of the video. "Then your lordship should have taken Suo Motu cognisance", said the SG to Justice Joseph who hails from Kerala.
Last year, the National Commission for Protection of Child Rights (NCPCR) had taken cognizance of social media videos that show children in Hyderabad raising slogans of "sar tan se juda" while protesting against alleged blasphemous remarks by suspended BJP MLA T Raja Singh.
