“Islam, and Christianity should be finished from this earth… no one should become Christian. Islam is a fast poison, Christian is a slow posion… if there is a threat it is from mosques…. Churches,” said hate monger Bhupinder Tomar alias Pinky Chaudhary, who is currently out on bail after he was arrested last September, for his alleged involvement in chanting communal slogans (hate speech) at a rally in Delhi’s Jantar Mantar on August 8.

Pinky went back to his old ways with words such as “They are luring our brothers to become Christian… we will not let it happen,” peppering it with hate for Muslims, ‘communists’, and those who say ‘happy new year’. 

Empowered by the December of hate that his mentor Narsinghanand’s oversaw at the 3-day “Dharma Sansad”, which turned into a call for violence conclave, in Haridwar, Pinky, who is the Hindu Raksha Dal President chose the campus of J.D. Public school in Ghaziabad to spew more hate on December 31.

At a public meeting organised by Narsinghanand’s supporters in Ghaziabad, This is what Pinky Chaudhary repeated the message of the Haridwar Dharam Sansad.
“Isl@m is a fast poison. Chr!stianity is slow poison. Is|am & Chr!stians should be w!ped out from Earth.”@ghaziabadpolice pic.twitter.com/QS0Tb3SaSA

— Mohammed Zubair (@zoo_bear) December 31, 2021

According to a report in Siasat, Pinky also incited his supporters to “behead” Asaduddin Owaisi, president of All India Majlis-E-Ittehadul Muslimeen (AIMIM) who is also a member of Parliament. “As long as the warriors and volunteers of Hindu Raksha Dal work together as a unit and follow the path of Hindutva, they will behead you (Owaisi)” and, “Teri Gardan kaat kar mera naam badhaenge, (they will make my brand/name grow once they behead you).” Pinky’s hate speech and direct call for violence was met with cheering from his Hindutva soaked audience. 

Haridwar g£noc!de call repeated in Gaziabad

T£rror!st Pinky Chowdary in a public meeting in Gaziabad said

“I$Lam is a fast poison. Chr! s@nity is a slow poison. I$lam & Chr!sti@ns should be finished from the Earth.” pic.twitter.com/4WuWdEyNqe

— Shuja (@shuja_2006) December 31, 2021

Is this Pinky’s plan for a political debut? 

That Pinky was speaking in Ghaziabad, Uttar Pradesh, is important, the state goes to polls soon, and many hate mongers have been hyperactive in the past few years. Ghaziabad’s own MLA Nand Kishore Gurjarot the Bharatiya Janata Party (BJP) has been on the move forcing Muslim businessmen who down shutters on chicken meat shops, ‘murga will not be sold in Loni, go sell it in Delhi, run away or else there will be no bail’ he said. This is not the first time he has done it either.

गाज़ियाबाद: BJP विधायक नंद किशोर गुर्जर ने चिकन दुकान बंद करवाते हुए कहा ‘लोनी में मुर्गा नहीं बिकेगा, जाओ दिल्ली में बेचो,भाग जाओ वरना जमानत भी नहीं होगी… pic.twitter.com/ixqtUt4K21

— Ashraf Hussain (@AshrafFem) December 27, 2021

Pinky, perhaps has political ambitions like Gurjar, and now is the time for him to come out of the shadow of his mentor Narsinghanand. Pinky’s anti-Muslim, anti-Christian hate speech and alleged incitement of his supporters to “behead”, Owaisi is his way to get in the limelight. Pinky has learnt from the past that even getting arrested by Delhi Police ‘helped’ him stay in the limelight, Chaudhary, was granted bail by a Metropolitan Magistrate court in connection with the case of chanting communal slogans at the Jantar Mantar rally of August 8, 2021. Pinky has a history of inciting hate and violence against the Muslim community. Notably, he was denied pre-arrest bail by a Sessions Court in Delhi on August 21. Thereafter, he was arrested by Delhi Police after his “supporters” dropped him off at a Delhi police station in great pomp and show to surrender.

Chaudhary was denied pre-arrest bail by Additional Sessions Judge, Anil Antil, who perused the video clippings of Chaudhary’s interview, and observed that it was “impregnated with high octane communal barbs, laced with inflammatory, insulting and threatening gestures, ex facie indicative of the calculative design on the part of the applicant to promote hatred and ill will amongst other section of the community.”

However, Pinky has not yet been invited to speak at any ‘hate conclave’ which are being planned after Haridwar and Raipur. Hindutva leader Kalicharan was the last hate speech maker arrested by the Chhattisgarh Police from Madhya Pradesh’s Khajuraho on December 30 for insulting Mahatma Gandhi. Speaking at a “Dharma Sansad” or religious meeting in Chhattisgarh’s Raipur, Kalicharan had praised Nathuram Godse for assassinating the Father of the Nation. 

Five-member special investigation team to probe Haridwar’s ‘Dharma Sansad’ case

However, no arrests have been made for the multiple hate speeches calling for Muslim genocide at Haridwar’s ‘Dharma Sansad’ which became a Hindutva ‘hate speech’ conclave. Ten days after a criminal case was filed over hate speeches delivered at, the Uttarakhand Police on Sunday, January 2, formed a five-member special investigation team (SIT) to probe the case. According to news reports on Saturday, Uttarakhand’s director general of police Ashok Kumar told the media that the FIR now included two more names, Narsinghanand and Sagar Sindhu Maharaj, to the list of accused in the case. The first information report (FIR) was registered on December 23 and had initially listed only one accused, Jitendra Narayan Tyagi, names, of Annapurna alias Pooja Shakun Pandey, and Dharamdas Maharaj, a general secretary of the Hindu Mahasabha, were added later. According to a report in Hindustan Times, Garhwal range deputy inspector general Karan Singh Nagnyal said a five-member SIT “will be led by a superintendent of police (SP), assisted by an additional SP, one inspector and two sub-inspectors. The case which was till date investigated by the Haridwar Kotwali police will now be handed over to this newly formed SIT. All necessary legal action will be taken by the police against those found accused in the investigation.” 

This is noteworthy too as Haridwar Kotwali SHO Rakendra Kathait, had recently gone to receive the ‘anti-Muslim’ complaint by the Hindutva flagbearers and speech makers who were the same ones named in the FIR and had called for Muslim genocide at the three day ‘Dharma Sansad’. He was handed over a police complaint against “The Quran, Maulvis of Haridwar and other unnamed Muslims”, and the officer happily received it from those who have been accused of hate speech, amid applause and slogans of Har Har Mahadev. Hindutva leader Narsinghanand who is the main organiser of the Haridwar hate assembly was heard saying, “He (police officer) is on our side.” Almost all the Hindutva leaders flaunted their close connections with the Bharatiya Janata Party (BJP) which is in power in poll-bound Uttar Pradesh, Uttarakhand. Now Pinky Choudhary may well be hoping he too will be recognised as one of them. 

Related:

Hate Speech: The worst words of 2021, we hope do not spill over into 2022

Poisoning people’s minds to ensure polarisation in the coming polls

Why does the PM look the other way when BJP leaders give communal speeches?

Activists counter call for genocide with a call for secularity

Uttarakhand: Will Jitendra Narayan Singh Tyagi nee Wasim Rizvi benefit from the FIR against him, or will he be the scapegoat?

How did Uttarakhand govt allow calls for Muslim genocide in Haridwar?

2021: A year of unprecedented communal hate crimes

Jantar Mantar case: Hate monger Pinky Chaudhary granted bail

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Bhupender Tomar, the Hindu Raksha Dal President commonly known as Pinky Chaudhary, has been granted bail by a Metropolitan Magistrate court in connection with the case of chanting communal slogans at Jantar the Jantar Mantar at a rally on August 8. Chaudhary has a history of inciting hate and violence against the Muslim community. Notably, he was denied pre-arrest bail by a Sessions Court in Delhi on August 21. Thereafter, he was arrested by Delhi Police after his “supporters” dropped him off at a Delhi police station in great pomp and show to surrender.

Chaudhary was denied pre-arrest bail by Additional Sessions Judge, Anil Antil, who perused the video clippings of Chaudhary’s interview  and observed that it was “impregnated with high octane communal barbs, laced with inflammatory, insulting and threatening gestures, ex facie indicative of the calculative design on the part of the applicant to promote hatred and ill will amongst other section of the community.”

While upholding freedom of speech, the court had stated that the right cannot be extended to acts prejudicial to maintenance of peace, harmony and public order, and nor can it be permitted to invade or erode the secular fabric of our society. “In the garb of libertarian concept of free speech, the applicant cannot be allowed to trample the constitutional principles which promote inclusiveness and common brotherhood,” the court had said.

Background

Chaudhary and the other accused Deepak Singh, Preet Singh and Vinod Sharma had allegedly called for the slaughter of Muslims on August 8 as part of a rally organised by Supreme Court lawyer Ashwini Upadhyay under the “Bharat Jodo Movement” against colonial-era laws in the country. In an area that is supposedly a high security zone, just a few kilometres from the Parliament, slogans like “Jab M***e Kate Jaenge, Ram Ram Chillaayenge” were chanted that have been recorded and widely circulated online. 

Arguments

The counsel for the accused argued that he had been falsely implicated, and that he neither organised any protest nor was involved in raising inflammatory slogans. He submitted that the accused is no longer required for the interrogation and since other accused have been released on bail, the accused should also be released on grounds of parity.

The prosecutor argued that the act, committed by the accused/applicant, is prejudicial to national integration and communal harmony. He also submitted that the accused has criminal antecedents and is thus not in parity with the other accused who have been released on bail.

Court’s findings

While granting bail to co-accused Preet Singh, the Delhi High Court had noted that he left the spot at around 2:00 P.M whereas the inflammatory slogans were raised at around 4:00 P.M on the location, and that he was no longer required for custodial interrogation.

Based on these observations, the court observed that Chaudhary left the spot of meeting at 1:29 P.M and is also not required for interrogation and hence, on grounds of parity with Preet Singh, Chaudhary be granted bail.

Chaudhary was thus granted bail, to be released on his furnishing bail bond in the sum of Rs.50,000/- with two sureties in the like amount on the conditions that he will not tamper with evidence, or commit a similar crime or leave the country.

The order may be read here:

Related:

Court reminds hate mongers, India is not a Taliban State

Hate Watch: Pinky Chaudhary gets grand send-off as he surrenders

Jantar Mantar hate speech case: Delhi HC grants bail to accused Preet Singh

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Hate monger Pinky Chaudhary surrendered before the Delhi Police on August 31. But the event was not without drama, as his followers put up quite a show of support. 

Loud cries of ‘Jai Shri Ram’ and ‘Pinki Chaudhary zindabad’ could be heard from the crowd hailing the hate offender who made a deeply communal and blatantly anti-Muslim speech at Jantar Mantar on August 8. Shockingly, the police presence at the spot failed to deter any of this shameless display of support for Chaudhary.

The video tweeted by journalist Prashant Kumar shows Chaudhary garlanded and being carried on the shoulders of men.

WATCH: #PinkiChaudhary the man who’s accused in the Jantar Mantar hate-speech arrives at the police station to “surrender” before the Delhi Police. pic.twitter.com/krwITZBTkN

— Prashant Kumar (@scribe_prashant) August 31, 2021

The police had been looking for the Hindu Raksha Dal chief, conducting raids across Delhi after his pre-arrest bail plea was denied by the court.

But in a clear mockery of the justice system and the law, a hate offender was hailed as a hero by a majoritarian mob, his hateful words celebrated publicly, even as law enforcement authorities watched. 

This only gives a virtual Carte Blanche to other hate offenders to target the minority Muslim community, and other minorities, setting a dangerous precedent.

Related:

Court reminds hate mongers, India is not a Taliban State
Preet Singh involved in incendiary speech: Delhi court denies bail 
Hate Watch: Now Yati Narsinghanand targets NCW Chief, brazenly justifies misogynistic comments

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A Sessions Court in Delhi denied pre-arrest bail to Hindu Raksha Dal President Pinky Chaudhary who was involved in communal sloganeering at Jantar Mantar. No surprises that Chaudhary, a fringe group leader, who has been involved in hate speech earlier as well however, has always enjoyed the impunity of law. Even if a case is registered against him, he is either not arrested or is released after arrest. The denial of pre-arrest bail to him in this case is important considering the observations made therein by the Sessions Judge, however, it’s too soon to hail it.

The Magistrate court, Delhi has already denied bail to other accused in the case, Deepak Singh, Preet Singh and Vinod Sharma, who have been booked for hate speech. The three allegedly called for the slaughter of Muslims on August 8 as part of a rally organised by Supreme Court lawyer Ashwini Upadhyay under the “Bharat Jodo Movement” against colonial-era laws in the country.

In an area that is supposedly a high security zone, just a few kilometres from the Parliament, slogans like “Jab M***e Kate Jaenge, Ram Ram Chillaayenge” were chanted that have been recorded and widely circulated online. The Delhi Police had filed an FIR in the matter against “unknown persons” and subsequently arrested Ashwini Upadhyay and five others (including Preet, Vinod and Deepak).

Deepak Singh, is said to be president of an outfit called Hindu Force, and Vinod Sharma heads an outfit called Sudarshan Vahini.

Pinky Chaudhary’s bail application

The counsel for Chaudhary submitted that he did not organise the event, was not present at any protest and that he had not made any hate speech. All offences against him are bailable except the charge under section 153A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) of IPC. The counsel called into question the authenticity of the incriminating video but for the sake of argument stated that when read as a whole, no offence was made out under section 153A of IPC. He further argued that the right of freedom of speech was indefeasible and that it was not deliberate or intentional on the part of the applicant to incite any hatred or violence.

The Additional Public Prosecutor, SK Kain opposed the bail and submitted that the video clippings showed that hateful slogans were passed against a particular religion by the applicant. He further argued that recovery of mobile phone and other articles was still to be done and one of the accused is still absconding and if released, he may create unruly situation which will be prejudicial to public tranquility.

The Additional Sessions Judge, Anil Antil, after perusing the video and its transcript observed that the applicant’s interview is “impregnated with high octane communal barbs, laced with inflammatory, insulting and threatening gestures, ex facie indicative of the calculative design on the part of the applicant to promote hatred and ill will amongst other section of the community”.

The court said that freedom of speech is the most cherished natural right, but is not unfettered nor is it absolute. The court stated that the right cannot be extended to acts prejudicial to maintenance of peace, harmony and public order and not can it be permitted to invade erode the secular fabric of our society. “In the garb of libertarian concept of free speech, the applicant cannot be allowed to trample the constitutional principles which promote inclusiveness and common brotherhood,” the court said.

The court further said, “We are not a Taliban state. Rule of law is the sacrosanct governing principle in our plural and multi-cultural society. While the whole of India is celebrating Azadi ka Amrut Mahotsav, there are some minds still chained with intolerant and self centric beliefs”.

The court held that the applicant’s complicity in the alleged crime is prima facie apparent from the material before the court, and that the allegations are serious and the offence alleged is severe. “History is not immune where such incidents have flared communal tensions leading to riots and causing loss to life and property of general public,” the court observed.

The court also pointed out that the investigation is at nascent stage and persons acquainted with the facts of the case are yet to be identified, also entire incriminating material is yet to be seized. The court also noted that Chaudhary is the president of Hindu Raksha Dal and “taking note of the tone and tenure of the speech and the threatening words used therein via the alleged interview and analyzed in the backdrop of his stature and influence exerted, there is strong possibility, if released on bail, at this stage, the applicant shall hamper the investigation and shall influence and/or threaten the witnesses”.

The court said that keeping in mind these observations, custodial interrogation will serve the best interest of justice to unearth the entire conspiracy and hence the court was not inclined to grant pre-arrest bail and thus disposed the application accordingly.

The Delhi court order may be read here:

Who is Pinky Chaudhary

Pinky Chaudhary also known as Bhupinder Tomar, is the President of Hindu Raksha Dal. His infamy stems from the many communal incidents he has been involved in and brazenly owned to making such statements as well. Chaudhary is a former member of Bajrang Dal

For instance, in January 2020, Chaudhary had owned up to the attack on JNU campus, in a video he posted on twitter. “JNU is a hub of communists and we won’t tolerate this. They abuse our religion and our country. Their attitude towards our religion is anti-national. In future, too, we will take the same action in other universities if someone tries to indulge in anti-national activities,” he says in the video. In the attack on JNU, a masked group of people entered the JNU campus and vandalised the property with several students and teachers getting injured in the attack.

Hindu Raksha Dal was formed in July 2013 by Chaudhary, and has more than 1 lakh registered members, mainly in Delhi-NCR. Sanket Katara, the spokesperson told The Print that Hindu Raksha Dal fights against “love jihad”, works towards gau raksha (cow protection) and other “Hindu issues”.

In April, an FIR was lodged against Chaudhary for announcing reward of Rs. 51,000 for anyone who brings him Aam Aadmi Party MLA Amanatullah Khan’s head. He had made this declaration in a Facebook live session.

Fringe outfit leaders and the law

While the Delhi Court rightly pointed to the egregious slogans raised by the men and refused to grant pre-arrest bail for hate speech, this brings to memory an incident of 2014 where a Muslim youth was killed and the mastermind of the incident, a Hindutva fringe outfit leader was granted bail in 2019 by the Bombay High Court. In June 2014 Mohsin Sadik and his brother on their way to offer namaz were assaulted by a group of men and motorcycles blurting communal slurs at them. They were assaulted with hockey sticks and Mohsin who was hit with a cement block succumbed to his injuries. The accused, Dhananjay Desai, founder President of Hindu Rashtra Sena had 17 cases under section 153A of IPC against him yet no coercive action was taken against him.

While chasing the victim and other Muslim men, the members of Hindu Rastra Sena were raising slogan such as “Dhananjay Zindabad”, and “Hindu Rashtra Sena Zindabad”.

A precursor to this incident was a hate speech made by Desai at a public meeting inciting feelings of hatred in the minds of Hindus against Muslims and urging people to wage a war against Muslims. He was thus, denied bail. After filing of chargesheet an application to discharge him was filed which was rejected by a Sessions Court in Pune, in June 2016. In December 2017, the Bombay High Court stayed the trial against Desai while admitting his revision application against the denial of discharge order. Since the trial was stayed against him and since 20 other accused in the case who were directly involved in the murder were already on bail, the court granted bail to Desai. At the time of granting bail, the single-judge bench of Justice SS Jadhav had imposed restrictions and taken an undertaking from Desai that he will not involve himself in any political activities for Hindu Rashtra Sena or otherwise and will not deliver public speeches until trial is completed. The chargesheet had stated that the accused had executed the attack on the behest of Desai.

Soon after his release, though, his followers carried out a processions and celebrated his release from jail. The Yerwada police booked him and his followers under several non-bailable sections of rioting and unlawful assembly but no arrests were made, reported The Wire.

The Bombay High Court order may be read here:

A careful reading of the Bombay High Court order granting bail indicates that bail was granted because trial was stayed. However, the exact reason for granting bail was not explicitly stated in the bail order. The reasons for which he was denied bail before the filing of chargesheet were not really taken into consideration, merely mentioned in the order. Desai was charged for inciting and being the mastermind behind the attack against Muslim youth in the bylanes of Pune, resulting in the death of Mohsin Sadik. In Delhi, Pinky Chaudhary has been denied bail for his inflammatory speeches against the Muslim community. Both, Desai and Chaudhary are leaders of hindu right wing fringe outfits that portray themselves as protectors of Hindutva and indulge in “cow vigilantism” and crusade against the whimsical phenomena of “love jihad”. While it’s too early to say for the case of Chaudhary and other accused who have been denied bail so far, whether or not they will be dealt with a free hand as the case progresses, only time will tell. It is too early to draw a comparison between Desai’s case and Chaudhary’ case, both of whom have had a fare share of hate speech and communal stirrings attributable to them. Both of them have largely stayed away from arrests due to their hardline positions. When Desai was jailed, Congress government was ruling in Maharashtra, yet the case did not gain much traction and the Mohsin’s family still awaits justice in the case.

Naturally, unless political parties take a stand against hate speech and targeting of minority communities, mostly Muslims, at least in states where non-BJP parties are ruling, the fight against hate speech will remain limited to human rights and other civil society organisations raising their voices against them.

Related:

Delhi Court rejects bail pleas of three accused in the anti-Muslim sloganeering in Jantar Mantar rally
Jantar Mantar rally: BJP leader, SC lawyer Ashwini Upadhyay among six arrested
Anti-Muslim hate speech at Delhi rally calls for communal violence

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