‘No Stay On Mahapanchayat, Have Trust In Uttarakhand HC’: Supreme Court

The Supreme Court on Wednesday declined to entertain a petition seeking action against potential hate speech during the forthcoming Mahapanchayat in Uttarakhand.

A vacation bench of Justice Vikram Nath and Justice Ahsanuddin Amanullah advised the petitioner to first approach the High Court and expressed confidence in its ability to address the matter.

“Why this distrust of the High Court? They also have jurisdiction. You should have some trust. Why this short circuiting, we are not on merits or cause. Why do you distrust the administration?” the bench asked.

The petitioner then withdrew the plea which was allowed with liberty to move the High Court.

“Counsel is given liberty to move the High Court or any authority for relief, plea is dismissed as withdrawn,” the bench ordered.

Appearing for the petitioner, Advocate Shahrukh Alam mentioned the case this morning, arguing that this was an urgent matter while citing a continuing mandamus by the court against hate speech.

Amidst ongoing communal tension, the Mahapanchayat in Purola is scheduled to take place tomorrow. The Association for Protection of Civil Rights, the petitioner in this case, argues that allowing the hate speech event to proceed would further exacerbate the already heightened communal tensions.

“The District authorities are in breach of this Hon’ble Court’s mandate in not instituting a criminal case and immediately prosecuting the habitual offender … it was incumbent upon State authorities to curb such speech/ mobilization. Non-action results in constitutional harm to the targeted group, since it violates their rights under Article 14, 19 and 21. Lack of decisive criminal action on the letter, and informal mediations that force inequitable compromises add to the constitutional harm … Permitting a rally that promotes communal frenzy can severely damage communal harmony and social cohesion“, the plea stated.

The petitioners urged the Court to intervene and uphold principles of fraternity and communal harmony.

“The instant petition is being filed to prevent communal violence and frenzy being created in Uttarakhand, affecting the fraternity. The instant writ petition seeks directions against Respondents to perform their statutory duty to prevent communally charged atmosphere, communalization, and communal violence by taking necessary preventive and curative steps and to ensure that there is no forced migration of citizens from one area of the country to another area in the name of protecting the “devbhumi,” the plea further stated.

Such events can deepen divisions among communities, increase polarisation, and lead to hate crimes, it was stressed.

The plea also requested the respondents to take strict action against the individuals involved, in addition to implementing necessary legal measures such as providing protection to potential victims and preventing the occurrence of the hate speech event. Furthermore, the petitioner sought the registration of a criminal complaint and a fair investigation into the matter.

It is worth noting that in October 2022, the Supreme Court directed the Delhi, Uttar Pradesh, and Uttarakhand Police to take suo motu action in cases of hate speech, irrespective of the religion of the offenders. Subsequently, in April of the current year, the scope of this order was extended to encompass all states and union territories across the nation.