On May 17, 2022, the Supreme Court granted bail to Jitendra Tyagi alias Wasim Rizvi on medical grounds in connection with the case of hate speech at the Haridwar Dharam Sansad. After issuing notice in the Special Leave Petition (SLP) filed by Tyagi challenging Uttarakhand High Court’s order refusing bail on May 12, a bench comprising Justice Ajay Rastogi and Vikram Nath directed him to give an undertaking that he would not indulge in hate speech and not give any statement to electronic, digital, social media.
As per LiveLaw, the counsel for the State of Uttarakhand submitted, “..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. Bail will automatically stand canceled and we will arrest him u/s 41(1)(b)(ii) of CrPC. As regards his medical condition is concerned, it is stable. He has some cardiac problems. The first FIR we are investigating as of now.”
During the hearing on May 12, Justice Ajay Rastogi had commented on the religious conclaves and was quoted saying, “Spoiling the atmosphere! Stay together peacefully, enjoy life.”
Jitendra Tyagi has been charged with Section 153A IPC, (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony), an offence which is punishable with imprisonment which may extend to three years.
Jitendra Tyagi, once known as Waseem Rizvi, was the former chairperson of Shia Waqf Board who recently converted to Hinduism. He was arrested by the Uttarakhand Police in January 2022 for his hate speech at the Hindutva conclave Dharam Sansad held in December last year. A bail application was filed by Tyagi before the Uttarakhand High Court which found the speech delivered by Rizvi-Tyagi amounting to “hate speech that intended to wage war, promoted enmity and was derogatory towards Prophet Muhammad”.
On May 19, 2022, the Supreme Court is expected to hear the petitions seeking criminal action against the alleged anti-Muslim hate speeches made at the ‘Dharam Sansad’ in Haridwar (Uttarakhand) and Delhi in December 2021.
Related:
This is something spoiling the atmosphere: SC in Dharm Sansad case
Jitendra Tyagi’s Dharam Sansad hate speech intended to wage war: Uttarakhand High Court
Dharm Sansads: SC pulls up Uttarakhand, Himachal Pradesh for lax approach