On Monday, August 29, the Supreme Court refused to extend the interim bail granted on medical grounds to Jitendra Tyagi a.k.a Wasim Rizvi in the case for allegedly making anti-Muslim hate speeches at the Haridwar Dharam Sansad, reported LiveLaw.

On May 17, 2022, the Supreme Court granted bail to Jitendra Tyagi alias Wasim Rizvi for three months 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 engage in hate speech and not give any statement to electronic, digital, social media.

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.”

Accordingly, during today’s hearing the Court asked Tyagi to surrender by September 2 and posted the matter for hearing on September 9 despite his counsel’s request to post on September 5.

The bench comprising Justices Ajay Rastogi and BV Nagarathna reportedly told Tyagi’s counsel, “You are on interim medical right? Surrender first. Go and surrender first.”

The court was informed by the State of Uttarakhand that it has already filed chargesheet on March 30, 2022, and the trial court has framed charges on May 19, 2022.

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, when he was known as Waseem Rizvi, was the chairperson of Shia Waqf Board before he 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 him amounting to “hate speech that intended to wage war, promoted enmity and was derogatory towards Prophet Muhammad”.

Related:

Dharam Sansad case: SC grants 3 months interim bail to Jitendra Tyagi in Hate Speech
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

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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

All of you will die, your children too: Narsinghanand tells Haridwar cops as they arrest Jitendra Tyagi

Dharm Sansads: SC pulls up Uttarakhand, Himachal Pradesh for lax approach

The post Dharam Sansad case: SC grants 3 months interim bail to Jitendra Tyagi in Hate Speech appeared first on SabrangIndia.

On March 8, 2022, Justice Ravindra Maithani, of the Uttarakhand High Court, rejecting the bail application of serial hate offender, Jitendra Tyagi, held that Hate Speech didn’t fall under the purview of the fundamental Right to Freedom ofSpeech and Expression granted under Article 19(1(a) of the Indian Constitution.

Insisting, moreover, that “a balance has to be struck between the right to individual liberty and the interest of society,” the Uttarakhand High Court overturned an earlier order by a sessions court. Examining closely the balancing rights available under the Indian Constitution, the Court further held, “No right can be absolute, and reasonable restrictions can be placed on them.”

(Jitendra Narayan Tyagi alias Waseem Rizvi vs State of Uttarakhand)

The underlying basis as to why the court does not consider this to be a fit case for bail is the societal impact of such hate speeches and acts. The impact of the alleged offence outweighs the individual liberty of the person, and hence the seriousness of offence is such that the bail is deemed to be rejected by the Court.

The two fundamental rights in picture i.e. the Right to Freedom of Speech and Expression and the Right to Life and Liberty are overshadowed by the gravity of the offence, the position and intent of the accused and hence, do not fall within the ambit of reasonable restrictions under Article 19(2) of the Constitution.

To elucidate this further, the Court has cited Dr. BR Ambedkar’s interpretation of fundamental rights given in the Constituent Assembly debate (04.11.1948). Dr. Ambedkar’s differentiation between fundamental and non-fundamental rights narrows down to one aspect i.e. fundamental rights are a gift of law whereas non-fundamental rights are created by the agreement of parties. It is this differentiation which shows that fundamental rights are paramount but are not absolute. This draws the case of exception of the axiom “Bail is a rule, jail is an exception”.

The present case is an exception to the general norm of granting bail for the welfare of the individual under ‘Protection of Life and Personal Liberty’ (Article 21). The court further gauged all impacts that such hate speeches can have on the democratic functioning of the country as they reduce the social standing of the minority and silences their opinions, ideas and debates, thereby creating a barrier to their full participation in the democracy. Relying on the Supreme Court order in the case of Pravasi Bhali Sangathan vs Union of India and others, the Uttarakhand high court also held that “hate speech sets the groundwork for broader attacks on the vulnerable groups, generally arising out of discrimination, segregation and hate, ending in violence, and in extreme cases genocide.”

Tyagi’s highly publicised and incendiary remarks on video were not made in isolation. Previously, there have been instances of hate comments and derogatory remarks by YatiNarsinghanandSaraswati, the chief priest of Dasna Temple and a spiritual guide to Tyagi. Saraswati was granted bail by the Haridwar Sessions Court in a case registered against him for his alleged offensive and derogatory remarks about Muslim women. He also made calls for genocide at the Haridwar Dharam Sansad in December 2021. Besides, he faces charges in a case where he allegedly made derogatory remarks against former President of India,APJ Abdul Kalam. Narsinghanand had attacked President Kalam for his Muslim identity, and levied ridiculous and dangerous charges against him. The Attorney General, KK Venugopal has deemed that the remarks made by Narsinghanand as a fit case of contempt as it is direct attempt to lower the authority of the Supreme Court.

Assessing all these instances coupled with the current case at hand, the Court, after hearing both sides was of the view that such hate speeches and condemning utterances about the prophets of a particular religion incite violence and can also wage war, disruption the democratic ecosystem of the nation. Its impact on the larger society is more than the accused’s right to life and liberty, hence it is an exception to the phrase “Bail is a rule, jail is an exception”. It is a case of necessity, as it protects the larger good in order to create peace and harmony among the majority and minority community groups in the country. The rejection of bail is well considered and is backed by legitimate reasons and a sound evidence of the repeated nature of the offence. The decision was taken to keep antisocial elements at bay and to maintain peace and order.

In the present case titled Jitendra Narayan Tyagi alias Waseem Rizvi vs State of Uttarakhand, the accused, who has been in judicial custody is also a serial hate offender, who recently gave up Islam and converted to Hinduism. An FIR was lodged against him under Section 153A (attacks upon religion or upon the founders or prophets of a religion) and Section 298 (Uttering words with the deliberate intent to wound the religious feelings of any person) of IPC after he used objectionable and derogatory words against the Prophet, the most revered figure of Islam in his hate speech at the Hindutva conclave Dharam Sansad held in December 2021. The FIR also states that the accused provoked the masses to take up arms against a particular religion, and has a criminal history of 34 cases.

The Court has also held that the derogatory remarks made by the accused intentionally wounds the feelings of a particular religious group, and further incites violence and wages war. It promotes enmity and would in turn create communal violence. The court has further concurred with earlier judicial pronouncements that have held that the impact of such hate speeches can also lead to genocides in extreme cases

In addition to the present incident at Haridwar, Tyagi had previously published video messages defaming and condemning the Muslim religion, and also published his Islamophobic ideologies in a book titled “Muhammad”. In the court’s opinion, all of these repeated instances clearly depict the intention of the accused.

The entire order may be read here:

Related:

Jitendra Tyagi’s hate speech intended to wage war: Uttarakhand High Court
Is Prayagraj’s ‘Sant Sammelan’ just another edition of Haridwar’s infamous Dharma 
Contempt plea against YatiNarsinghanand receives AG’s consent
DharmSansad: Haridwar local courts deny bail to hate mongers

The post Uttarakhand HC recognises difference between Hate Speech and Free Speech appeared first on SabrangIndia.

Jitendra Tyagi, once known as Waseem Rizvi, was arrested by the Uttarakhand Police in January 2022 for his hate speech at the Hindutva conclave Dharam Sansad held in December last year. Now the Uttarakhand High Court has said that the speech delivered by Rizvi-Tyagi amounted to “hate speech that intended to wage war, promoted enmity and was derogatory towards Prophet Muhammad” in the case titled Jitendra Narayan Tyagi alias Waseem Rizvi vs State of Uttarakhand.

According to a report in Bar and Bench, these observations were made by Justice Ravindra Maithani who had refused to grant bail to Rizvi-Tyagi last week. “This Court refrains to reproduce from the transcript as to what was allegedly stated by the applicant. But, undoubtedly, the transcript reveals that there are huge derogatory remarks against a particular religion; against Prophet. The Prophet has been abused; it intends to wound the religious feelings of persons belonging to a particular religion; it intends to wage war. It promotes enmity. It is a hate speech,” stated the Court order.

Tyagi, the former chairperson of Shia Waqf Board who recently converted to Hinduism, was arrested by the Uttarakhand Police in January 2022 for his inflammatory speech at Haridwar in December last year.

This comes after the Haridwar local courts had denied bail to the hate mongers in January 2022. In the same month, the Supreme Court had also issued notice in the petition seeking an SIT probe into the religious conclaves that took place in December 2021 in Haridwar and Delhi. At these conclaves, pernicious calls for genocide were made against the minority community posing a threat to communal harmony.

When Tyagi was being arrested, his spiritual and hate speech guru Yati Narsinghanand told the police officers he too was involved, and that “Tyagi is understanding the situation… He became a Hindu counting on our support.”

Wasim Rizvi turned Tyagi, is the former chairman of Uttar Pradesh’s Shia Waqf Board who ‘quit’ Islam, and converted to Hinduism in December 2021. He was renamed Jitendra Narayan Singh Tyagi at the Dasna Devi temple in Ghaziabad, and was blessed by Yati Narsinghanand, its chief priest. Tyagi’s last act as Wasim Rizvi, was a deeply communal and Islamophobic diatribe, published as a book titled “Muhammad,” purportedly on the life of the Prophet Mohammed, one of the most revered figures in Islam. At the book launch ceremony, Rizvi was seen in the company of fellow hate offender Narsinghanand. 

The Haridwar ‘Dharma Sansad’ hate conclave was Rizvi-Tyagi’s first major Hindutva event since his conversion. As Jitendra Narayan Singh Tyagi he walked in the spotlight there came when lawyer Ashwini Upadhyay of the Bharatiya Janata Party (BJP) unveiled a “Hindutva” edition of the Constitution saying, “I got a “Bhagwa Samvidhan (Saffron Constitution) in Hindi and want “Gurudev” Yati Narsinghanand Saraswati [to launch it] to come in the front, this is his fight. Come here Wasim Ji… Tyagi ji you also, take photos everyone.” 

As global outrage spread over the event Wasim Rizvi a.k.a Jitendra Narayan Singh Tyagi was then named in the First Information Report (FIR) registered by Uttarakhand Police under 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), registered in Kotwali Haridwar.

Last week, Justice Maithani “rejected the argument by Rizvi’s counsel that he was protected under the fundamental right to free speech” stated news reports, adding, “The Court said that the freedom of speech is not an absolute right and is subject to limitations contained in Article 19(2) of the Constitution.” Justice Maithani cited Dr. BR Ambekar’s speech in constituent assembly as well as the Supreme Court judgement in Pravasi Bhali Sangathan case to elucidate the point.

The Court ordered, “Having considered the repeated nature of allegations; the kind of utterances which the applicant has allegedly made, published video message and its possible impact on the society, this Court is of the view that it is not a fit case for bail. Accordingly, the bail application is liable to be rejected.” According to B&B Senior Advocate Rakesh Thaplyal, and advocate Lalit Sharma appeared for Tyagi, the State was represented by Additional Government Advocate (AGA) Pratiroop Pandey. Advocate Pranav Singh appeared for informant Nadim Ali.

The complete order may be read here: 

Tyagi-Rizvi in the net, what about the others?

Meanwhile Narsinghanand, was granted bail by the Haridwar SessionsCourt in a case registered against him for his alleged offensive and derogatory remarks on Muslim women. It is pertinent to note that he was in judicial custody for two cases; the first was for making calls for genocide at the Haridwar Dharam Sansad December 9, 2021, and the other is the current case. He was granted bail in the former by the Sessions court and the same judge has granted him bail in this case where he has made derogatory remarks against Muslim women and that too on similar grounds.

In March, Narsinghanand was booked by Maharashtra Police for hate speech against former President A.P.J. Abdul Kalam. Narsinghanand had attacked President Kalam for his Muslim identity, and levied ridiculous and dangerous charges against the eminent scientest who is revered even by the right-wing ecosystem. 

Related:

Is Prayagraj’s ‘Sant Sammelan’ just another edition of Haridwar’s infamous Dharma 

Contempt plea against Yati Narsinghanand receives AG’s consent

Dharm Sansad: Haridwar local courts deny bail to hate mongers

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