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Hate Speech Rule of Law

Bombay HC grants conditional permission to BJP MLA Raja Singh for Feb 25 Mira Road-Bhayander meet, orders videotaping and ‘No Hate Speech’

Pursuant to the conditional Court order, CJP files follow-up complaint with Maharashtra police, urges officials to take necessary action; listed below are the list of offences for which Raja Singh has been charged

Raja Singh, an MLA of the Bharatiya Janata Party, is all set to hold a rally in Mira Road, Thane Maharashtra on February 25 at 5 pm. The event for which police permission had been denied in view of the high number of hate speech cases filed against him in Maharashtra and other states, has been given a conditional green light by the Bombay High Court. As per reports, a criminal writ petition had been moved by the Hindu Task Force and Sakal Hindu Samaj organiser, namely Naresh Ramu Nile, to the Bombay High Court under Article 226 of the Indian Constitution. Through the plea, the petitioner, represented by Advocate Khush Khandelwal, had challenged the police refusal of granting him permission.

During the hearing that took place on February 23, a division bench comprising Justices R.P. Mohite Dere and Manusha Ajay Deshpande has granted permission to Singh to conduct the proposed rally on the conditions that no hate speeches are made and that the said event is videotaped by the police in order so that required action can be taken post the event takes place and suo-moto FIRs can be filed, if necessary. The said conditional permission is in lines with the directions issued by the Supreme Court in the case of Shaheen Abdullah v Union of India, which directs the police officers to ensure that no hate speeches take place and the event is videotaped. As per the directions of the Supreme Court, the police are required to take suo-moto action against those found to be making any inflammatory statements and delivering any provocative hate speeches.

In its order, the division bench noted that “Needless to state that the Police to video record the entire procession that will be taken out by petitioner as well as the speeches that will be made at the said congregation/rally.”

In addition to this, the Bombay High Court bench has also directed the police officials to grant permission to Singh for the rally “on such terms and conditions as they may be deem fit and proper.” It is essential to note that Singh has also been necessitated to file an undertaking to the Deputy Commission of Police of Zone-I, Mira Bhayander that he and the organisers will abide by all the terms and conditions imposed by the authorities and will follow the route provided by the police authorities.

The complete order can be read here:

 

While the high court bench has urged the Maharashtra police to ensure that no hate speech takes place and directed for the recording of the whole event, which celebrates the birth anniversary of Shivaji Maharaj, there is a high probability that the habitual hate speaker will once more deliver an anti-Muslim hate speech and get another FIR added to his name. On Saturday, February 24, Citizens for Justice and Peace has approached the Mora-Road Bhayander Vasai Virar Police with as additional petition urging full precautions and adherence to the directives of the Supreme Court in January 2024.

Singh, who is known for his divisive supremacist stance, was recently reinstated to the BJP after he was expelled in 2022 for making incendiary comments against Muslims. According to a report by Sabrang India, Singh is facing more than 100 criminal cases. In the current year itself, he has had a case filed against him in the state of Maharashtra for delivering a violent anti-Muslim hate speech. Last year, he had a total of ten FIRs filed against him across various states for delivering provocative speeches. These FIRs book the BJP legislator for “outraging religious feelings”, “promoting enmity between groups and communities”, and “making statements that amount to public mischief”. It is essential to note that while ten FIRs had been filed against him, no arrests have been made till now.

An updated list of the FIRs filed against him since the beginning of 2023 has been provided below. It is essential to note that the team of Citizens for Justice and Peace tried to contact the five police stations that had filed cases against Singh in the state of Maharashtra to follow up on the action taken against the offender. These police stations are Jail Road police station (Solapur), Dadar police station (Mumbai), Kranti chowk police station (Aurangabad), Ahmednagar city police station (Shrirampur) and the Shivaji Nagar police station, Latur. In all the 5 police stations, the CJP team was unable to gather any information owing to many reasons, including transfers, new joinees, lack of information, stated by the police officers. In some cases, the officers even refused to share any information related to the Investigating Officers in charge of the matter. 

Ongoing FIRs against T. Raja Singh since 2023:

S. No.District, StateFIR datePolice station at which FIRSections
1.Solapur, Maharashtra

Date: January 6, 2024

 

January 7, 2024   Jail Road police stationFIR under sections 153A and 295A of the IPC
2.Maharajgunj, Hyderabad

 

November 15, 2023Mangalghat police stationCase registered under Section 125 of the RPA along with Section 153 and 153 (A) of the IPC

 

3.Bhilwara, Rajasthan

Date: October 1, 2023

 

October 18, 2023Cyber crime unit of Bengaluru policeZero FIR filed under sections 153A, 153B, 295A, 298, 505 (2), and 509 of the IPC.
4.Kota city, Rajasthan

 

 

May 23, 2023Kunhadi Police StationFIR under sections 153A and 298 of the IPC
5.       Siddiamber Bazar, Hyderabad

Date: March 30, 2023

April 1, 2023Afzalgunj police stationCase registered under Sections 153A and 506 of the IPC.
6.       Shahinayathgunj Police Station

Date: March 30, 2023

April 1, 2023Shahinayathgunj Police StationFIR has been registered under IPC sections 504 and 505 (2)
7.       Mumbai, Maharashtra

Date: January 29, 2023

March 27, 2023Dadar police stationFIR registered under IPC section 153A 1(a)
8.       Aurangabad, Maharashtra

Date: March 19 , 2023

March 20, 2023Kranti Chowk police stationFIR registered under IPC section 153A 1(a)
9.       Srirampur, Maharashtra

Date: March 10, 2023

March 15, 2023Ahmednagar district policeSections 295, 504 and 506 invoked in the FIR filed

 

10.       Latur, MaharashtraFebruary 27, 2023Shivaji Nagar police stationFIR under sections 153A, 153B, 295A, and 505 of the IPC.
11.                Ajmer Dargah, Hyderabad

 

 

January 19, 2023Mangalhat police stationSection 295-A of the IPC

Following investigations, Singh had been directed by Mangalhat police station to not commit any offences in the future, not tamper with any of the evidence in the current case. He had also been directed to not threaten, induce or coerce any person acquainted with the facts of the case.

All documents regarding the case had to be produced by Singh, any failure to comply with the notice could result in the MLA’s arrest as per Section 41 A (3) and (4) of the CrPC

 

The team of Citizens for Justice and Peace has been meticulously documenting the speeches being delivered by Raja Singh and has also been filing complaints against the habitual hate offender for years. From police officials to statutory authorities, CJP has approached many authorities to bring action against Singh for delivering, with impunity, violent hate espousing speeches. Even for the proposed ‘Hindu Jan Aakrosh Morcha’, CJP had filed a complaint with the Maharashtra police for not granting permission for the rally on February 20.

It is essential to note that after permission for the said rally was granted by the Bombay High Court, CJP had filed a follow up complaint with the Maharashtra police officials emphasising upon the conditions that were being imposed on Singh. Through the said follow-up complaint, the complainant had urged for the police to ensure that no hate speeches take place and that the event is folly videotaped, as necessitated by the High Court. The organisation also urged for the officials to take the necessary action against Singh if he is found to be in violation of the conditions that are imposed on him by the court.

The complete complaint can be read here:

Details of the previous complaints filed by CJP against Raja Singh since the year 2023 has been provided below:

 Complaints sent by CJP against Raja Singh

S. No.Date, Topic of the eventDistrict, StateDate on which complaint sent (Pre-emptive or post event)

 

Authorities approachedSections invoked
1.Event date: February 25, 2024

 

Role: Speech and Rally

 

Event: Hindu Jan Aakrosh Morcha

 

 

Mira Bhayandar, MaharashtraPre-emptive complaint sent on February 20

 

 

 

 

1. Commissioner of Police

2. Deputy Inspector General of Police

3. District Collector

Section 149, 150 and 151 of the CrPC
2.Event date: November 13, 2023

 

Role: Speech

 

Event: Election Rally

Goshmahal, TelanganaPost event complaint sent on November 141. Chief Election Commissioner

2. Election Commissioner

3. Telangana State Election Commissioner

4. DGP, Telangana

 

MCC guidelines, Section 123 and 125 of the RPA, Section 153A, 153B, 298, 505, 505(2) of the IPC
3.Event date: October 2023 (dates unclear)

 

Role: Speech in Gujarat, contentious letter sent to garba organisers in Hyderabad

 

Event: Garba events

Surat, Gujarat

 

Goshmahal, Telangana

Post event complaint sent on October 251. Chief Election Commissioner

2. Election Commissioner

3. Telangana State Election Commissioner

4. DGP, Telangana

 

MCC guidelines, Section 123 and 125 of the RPA, Section 153A, 153B, 298, 505, 505(2) of the IPC
4.Event date: May 2023 (dates unclear)

 

Role: Speech

 

Event: Election Rallies

KarnatakaPost event complaint sent on May 81. Karnataka State Election Commissioner

2. Chief Election Commissioner

3. Director General & Inspector General of Police, Karnataka

 

MCC guidelines, Section 123 and 125 of the RPA, Section 153A, 153B, 298, 505, 505(2) of the IPC
5.Event date: March 30 2023

 

Role: Speech, Rally on Ram Navami

 

Event: Vishal Shri Ram Navami Shobha Yatra

Dhoolpet, HyderabadPre-emptive complaint sent on March 291. SHO, Mangalhat Police Station

Hyderabad

2. ACP,

Goshamahal Division, Hyderabad

3. DCP, West zone,

Hyderabad

 

Section 149, 150 and 151 of the CrPC

 

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