SC questions delay of 5 months in filing FIR in Hindu Yuva Vahini hate speech case

The apex court has sought from Delhi Police details of investigations and the steps taken after filing thee delayed FIR, in a contempt petition filed by Tushar Gandhi

Hate speech

The Supreme Court has pulled up Delhi Police for a delay of 5 months in filing FIR in the investigation of the Hindu Yuva Vahini hate speech case. The complaint in this case was filed by Umar Khalid’s father Dr SQR Illiyas in which he accused Sudarshan News editor Suresh Chavhanke for administering an oath to “die for and kill” to make India a “Hindu Rashtra” or a “Hindu Nation”. The Delhi Police had filed an FIR in May 2022 when the incident had taken place in December 2021.

The bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha has directed the Investigating Officer to place on record the steps taken in the investigation in the matter within a period of two weeks, reported LiveLaw. The bench gave this direction while hearing a contempt petition filed by Tushar Gandhi stating that the Delhi Police has violated the directions issued by the Supreme Court in the Tehseen Poonawalla case, wherein the court had directed that FIR in cases where there was call for mob violence, needs to be filed in a timely manner.

“Why do you require 5 months to register an FIR?”, CJI Chandrachud asked Additional Solicitor General KM Nataraj who was representing the Delhi Police. Thr ASG said that the police were conducting verification and that the delay was not deliberate. The bench then sought to know what steps were taken after  May 2021 and at what stage had the investigation reached after the filing of FIR. The ASG will file a statement before the court in this regard after seeking instructions.

The Hindu Yuva Vahini event, for its hate speech, is before the Supreme Court in a separate matter filed by former Patna High Court judge Anjana Prakash and journalist Qurban Ali whereby they have sought criminal action against perpetrators of the Uttarakhand Dharam Sansad as well as the Hindu Yuva Vahini.

In April 2022, the Supreme Court had pulled up Delhi Police for filing an affidavit that conclusively held that no hate speech was made at the Hindu Yuva Vahini event. A two-judge bench, comprising Justices A.M. Khanwilkar and Abhay S Oka, asked,  “The affidavit has been filed by a Deputy Commissioner of Police. We hope he has understood the nuances. Has he merely reproduced the inquiry report or applied his mind? Is it your stand as well or the reproduction of the inquiry report of Sub Inspector level officer?”

Suresh Chavhanke

Chavhanke is notorious for delivering hate speech almost every other day on his news channel called Sudarshan News. Apart from spreading hatred through his news channel, he also attends far right Hindutva events and sometimes even organizes them to make inciteful speeches. After the Hindu Yuva Vahini event of December 2021, He attended another event in Ambala, Haryana, in May 2022. “We pledge to make Hindustan a Hindu rashtra… if needed we will offer ‘sacrifice’ and if needed we will take ‘sacrifice’,” he said at this event.

In at least three instances courts have sought Action Taken Reports (ATR) in cases filed against Chavhanke who is notorious for his spewing venom against minorities using his TV channel and also on public platforms.

He has majorly been in the spotlight of the Supreme Court for when a case was filed against his obnoxious and inflammatory show on the topic of “UPSC Jihad” where he made contentious claims that Muslim aspirants were favoured for entry into the Union Public Service Commission (UPSC) to the disadvantage of Hindu candidates. The apex court had held the show to be offensive and having the potential to spread communal tensions.

Related:

Did Sudarshan News trick school children into chanting ‘will kill to create Hindu Rashtra’?

CJP campaign against hate crimes grew stronger in 2021

Dharma Sansad an attack on India’s Constitution: Open letter

Courts seek Action Taken Reports from Police in cases against hate monger Suresh Chavhanke

Hate Speech: Is administering an ‘oath’ to make India a ‘Hindu-rashtra’ legal?

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