The Maharashtra unit of the People’s Union for Civil Liberties (PUCL) has petitioned the Director General of Police, Rajnish Seth, pointing out that despite orders of the Supreme Court since January 2023, the last one being on April 28, 2022, several meetings and events by organisations with a record of deliberating targeting the Muslim community and making calls to violence continue to be allowed in the state. There is also no visible sign of preventive action or prosecution. The representation was hand delivered and also send by email on May 8. The hearing in the Supreme Court is now scheduled for May 12.
The representation points out over a dozen previous letters and representations being made by human rights organisations to police authorities in Maharashtra. Citizens for Justice and Peace (cjp.org.in) is the first group to have begun this campaign with as many as a dozen or more complaints from December 2022 onwards; thereafter Salokha Samiti and even PUCL sent in two representations each.
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The PUCL is, since April 28, 2023, now a formal intervener in the ongoing hate speech case (Shaheen Abdullah versus Union of India, W.P. (C) No. 940/2022) being heard by the SC.
The detailed representation (read below) points out the Orders of the SC passed on February 3, 4, 8, 10, 11 and 16, then April 10, 2023 wherein citizens groups have collectively called upon the Maharashtra police to ensure that preventive measures are taken given the past antecedents of hatemongering and spreading of communal hatred at the aforesaid rallies/public events organized by Sakal Hindu Samaj and its constituent/associate organisations and also to take immediate action against hate speech. However, there has been no reply to these multiple representations.
The PUCL representation quotes from relevant portions of the order dated January 13, 2023 passed by the Supreme Court are extracted below.
“Additional Respondents shall ensure that immediately as and when any speech or any action takes place which attracts offences such as Sections 153A, 153B and 295A and 505 of the IPC etc., suo moto action will be taken to register cases even if no complaint is forthcoming and proceed against the offenders in accordance with law. Additional Respondents will therefore issue direction(s) to their subordinates so that appropriate action in law will be taken at the earliest.
We make it clear that any hesitation to act in accordance with this direction will be viewed as contempt of this Court and appropriate action will be taken against the erring officers.
We further make it clear that such action will be taken irrespective of the religion that the maker of the speech or the person who commit such act belongs to, so that the secular character of Bharat as is envisaged by the Preamble, is preserved and protected.”
Following this January 2023 Order, the Supreme Court passed the order dated Feb, 2023 3, in respect of the rally held on January 29, 2023 in Shivaji Park, Mumbai and a proposed meeting on February 5, 2023, relevant portions of which are extracted herein below.
“We record the submission of Mr. Tushar Mehta, learned Solicitor General appearing on behalf of the Respondent-State of Maharashtra that if permission is applied by Sakal Hindu Samaj for holding contemplated meeting on 05.02.2023 and if permission is granted it will be subject to the condition that nobody will make any hate speech and in defiance of law or disturbing the public order. ..
We also direct that the Officer(s), in case, permission is granted and, in case, the occasion arises for invoking the power under Section 151 of Cr.P.C. as aforesaid, it shall be the duty of the Officer(s) concerned to invoke the said power and to act as per the mandate of Section 151 of the Cr.P.C. ..
Accordingly, we direct that the Police Inspector of the area in question will conduct videography of the meeting in question and it shall be made available to this Court on the next date of hearing. ..
Mr. Tushar Mehta, learned Solicitor General appearing on behalf of the Respondent-State of Maharashtra also to get instructions in regard to the allegation made about what has happened in the conduct of previous meeting which took place at the instance of very same organization.”
There appears to be a general reluctance in the Maharashtra police to act. The PUCL states that it is “owing to the repeated inaction and failure on part of the Maharashtra police)..to take action on the several letters issued by us and to inter alia (a) take any preventive action against hate speech, (b) refuse permission to the perpetrator organisations and individuals being repeat offenders of hate speech and (c) prosecute hate speech,” that the organisation filed an intervention application before the Supreme Court to place on record the facts and evidences of hate speech being conducted with impunity in Maharashtra and inaction by the authorities.”
The matters will now placed for further consideration on May 12, 2023 before the Supreme Court. April 28, 2023 Order excerpts:
“Respondent Nos. 9 to 36 shall ensure that immediately as and when any speech or any action takes place which attracts offences such as Sections 153A, 153B and 295A and 505 of the IPC etc., suo moto action will be taken to register cases even if no complaint is forthcoming and proceed against the offenders in accordance with law.
Respondent Nos.9 to 36 will therefore issue direction(s) to their subordinates so that appropriate action in law will be taken at the earliest. We make it clear that any hesitation to act in accordance with this direction will be viewed as contempt of this Court and appropriate action will be taken against the erring officers.
We further make it clear that such action will be taken irrespective of the religion that the maker of the speech or the person who commits such act may profess, so that the secular character of India, that is, Bharat as is envisaged by the Preamble, is preserved and protected.”
The entire memorandum may be read below:
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