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Supreme Court directs Uttarakhand Govt to file status report on FIRs in ‘Dharam Sansad’ meet

Petitioners allege laxity on part of Uttarakhand and Delhi police, point out next ‘Sansad’ meet due on Sunday in Himachal Pradesh

Sabrangindia 13 Apr 2022

Dharam sansad

On April 13, 2022, the Supreme Court of India directed the Uttarakhand government to file a status report on the progress of investigations with respect to the hate speeches made at a religious conclave in December 2021 where pernicious calls for genocide were made against the minority community.

On being questioned by the Apex court, in the previous hearing, about no arrests being made months after the alleged incident, the State Counsel on Wednesday merely submitted that four FIRs have been registered and a chargesheet has been filed in three cases. The State Counsel has now sought time to file counter affidavit.

The bench comprising Justices AM Khanwilkar and Abhay S Oka allowed petitioners to serve advance copy of the interlocutory application filed in view of the another upcoming ‘Dharam Sansad’ this Sunday on April 17 on the State of Himachal Pradesh, and also gave them the liberty to approach the Collector against the said event.

The said petition was filed by former Patna High Court judge Anjana Prakash and journalist Qurban Ali seeking criminal action against the alleged anti-Muslim hate speeches made at the ‘Dharam Sansad’ in Haridwar and Delhi.

On January 12, 2022, the bench led by Chief Justice of India NV Ramana and also comprising Justices Surya Kant and Hima Kohli had issued notice on the petition. One of the main contentions raised before the bench was that the Uttarakhand Police have not made any arrests in the case and the Delhi Police have not even registered an FIR.

The petition sought directions to the police authorities to comply with the guidelines laid down by it in Tehseen Poonawalla v. Union of India (2018) 9 SCC 501 and to consequently define the contours of 'duty of care in investigation' to be undertaken by the police authorities, reported LiveLaw.

The plea points out that no substantive action has been taken by either Uttarakhand or Delhi Police in the matter. While the former has registered FIRs and not arrested a single accused, the latter has not even registered an FIR. Further, the FIRs lodged miss out on invoking important offences like section 120B (criminal conspiracy), 121A (conspiracy to wage war against Government of India) and 153B (Imputations, assertions prejudicial to national-integration) of the IPC.

The bench has agreed to list the matter on Friday i.e., April 22, 2022.

Related:

SC to hear plea seeking SIT probe in ‘Dharam Sansad’ due to lack of substantive police inquiry

SC issues notice in plea urging criminal prosecution in Dharam Sansad case

CJP files complaint against ‘Dharam Sansad’ before NCM

Citizens compare Dharma Sansad to Nazi Germany

Supreme Court directs Uttarakhand Govt to file status report on FIRs in ‘Dharam Sansad’ meet

Petitioners allege laxity on part of Uttarakhand and Delhi police, point out next ‘Sansad’ meet due on Sunday in Himachal Pradesh

Dharam sansad

On April 13, 2022, the Supreme Court of India directed the Uttarakhand government to file a status report on the progress of investigations with respect to the hate speeches made at a religious conclave in December 2021 where pernicious calls for genocide were made against the minority community.

On being questioned by the Apex court, in the previous hearing, about no arrests being made months after the alleged incident, the State Counsel on Wednesday merely submitted that four FIRs have been registered and a chargesheet has been filed in three cases. The State Counsel has now sought time to file counter affidavit.

The bench comprising Justices AM Khanwilkar and Abhay S Oka allowed petitioners to serve advance copy of the interlocutory application filed in view of the another upcoming ‘Dharam Sansad’ this Sunday on April 17 on the State of Himachal Pradesh, and also gave them the liberty to approach the Collector against the said event.

The said petition was filed by former Patna High Court judge Anjana Prakash and journalist Qurban Ali seeking criminal action against the alleged anti-Muslim hate speeches made at the ‘Dharam Sansad’ in Haridwar and Delhi.

On January 12, 2022, the bench led by Chief Justice of India NV Ramana and also comprising Justices Surya Kant and Hima Kohli had issued notice on the petition. One of the main contentions raised before the bench was that the Uttarakhand Police have not made any arrests in the case and the Delhi Police have not even registered an FIR.

The petition sought directions to the police authorities to comply with the guidelines laid down by it in Tehseen Poonawalla v. Union of India (2018) 9 SCC 501 and to consequently define the contours of 'duty of care in investigation' to be undertaken by the police authorities, reported LiveLaw.

The plea points out that no substantive action has been taken by either Uttarakhand or Delhi Police in the matter. While the former has registered FIRs and not arrested a single accused, the latter has not even registered an FIR. Further, the FIRs lodged miss out on invoking important offences like section 120B (criminal conspiracy), 121A (conspiracy to wage war against Government of India) and 153B (Imputations, assertions prejudicial to national-integration) of the IPC.

The bench has agreed to list the matter on Friday i.e., April 22, 2022.

Related:

SC to hear plea seeking SIT probe in ‘Dharam Sansad’ due to lack of substantive police inquiry

SC issues notice in plea urging criminal prosecution in Dharam Sansad case

CJP files complaint against ‘Dharam Sansad’ before NCM

Citizens compare Dharma Sansad to Nazi Germany

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