SC Rejects PIL Filed for Arrest of Yati Narsinghanand & Jitendra Tyagi Over Provocative Religious Statements

Supreme Court Law Insider

Priya Gour

Published on: 2nd September, 2022 at 18:37 IST

The Supreme Court on Friday rejected a PIL petition seeking the preventive arrest of Yati Narsinghanand and Jitendra Tyagi (formerly Waseem Rizvi).

The PIL made before the Bench of Chief Justice of India Uday Umesh Lalit and Justice S Ravindra Bhat made allegations against the two for instigating violence against the Muslim community.

The Bench said that no writ could be issued in the concerned matter under Article 32 of the Constitution. A PIL filed before the apex court by Indian Muslim Shia Isna Ashari Jamaat requested the arrest of Tyagi and Yati Narsinghanand, and a ban on Tyagi’s book ‘Mohammad’.

Further, the court was also requested to restrain the two from making derogatory remarks against Islam, the Prophet Mohammed, and icons of the religion.

Tyagi and Narsinghanand were described as threats to national security and integrity, social harmony, and public peace. Such provocations can create law-and-order problems, and hence, the accused must be arrested.

The petitioner emphasised the past provocations made by the accused, which had led to communal tensions. Tyagi had earlier been booked for his insults to Islam and the Prophet. Even a notice was issued against him by the Supreme Court regarding a PIL seeking an investigation into the Haridwar Dharam Sansad.

The top court also declined his plea to extend his medical bail. They had been charged earlier for their anti-Islamic statements and behaviour. Such provocations and hate speech violate the community’s right to live with dignity under Article 21.

However, a similar public interest litigation (PIL) petition filed by Rizvi seeking the exclusion of some verses from the Holy Quran was rejected by the court. It alleged they were violating the law of the land and promoting extremism. The court, while rejecting the plea, imposed costs of 50,000 on Tyagi.

A similar PIL seeking a ban on Waseem Rizvi’s self-published book titled “Muhammad” was rejected by the Delhi high court.

Narsinghanand has also attracted criticism after the statements made after the Dharam standard, following which an FIR was filed against him in Haridwar.

In similar fashion, the issuance of a writ in the current issue was denied by the court by quoting the Lalita Kumari Judgment. It should be noted:

“You are asking somebody to be arrested and criminally prosecuted under Article 32 plea? If we proceed, then what happens to the Lalita Kumari judgment? Have you filed a complaint? “

On denial of arrest, it was requested to grant other prayers made before the court. Regarding this, while dismissing the plea, the court said that the petitioner is free to take recourse to other remedies.

Petitioner at liberty to pursue an appropriate remedy. Plea dismissed,” the Court ordered.

The plea was filed through Advocate Sachin Sanmukhan Pujari and drawn and settled by Advocate Farrukh Khan of Diwan Associates.

Therefore, the court dismissed the plea.

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