Supreme Court Declines to stop VHP Rallies in Delhi but Calls for Prevention of Hate Speech and Violence

Supreme Court Hate Speech Law Insider

LI Network

Published on: 2 August 2023 at 19:57 IST

In response to an application filed by some members of the Muslim community regarding hate speech, the Supreme Court of India, in a Special Bench comprising Justice Sanjiv Khanna and Justice S.V.N. Bhatti, refused to halt the proposed rallies by the Vishwa Hindu Parishad (VHP) in the Delhi National Capital Territory (NCT) region.

These rallies were organized to protest the communal violence that occurred in Nuh, Haryana, a day earlier.

During the hearing, Senior Advocate CU Singh, representing the applicants, clarified that the prayers in the application referred to demonstrations, which were actually rallies taking place at 23 different locations in Delhi. Some of these rallies had already taken place in the morning, and others were scheduled for the evening.

Justice Khanna inquired about instances of hate speech during the morning rallies, and Singh confirmed that there were incidents of hate speech during those rallies.

In response to the applicants’ request for a stay on the VHP rallies, Justice Khanna declined, stating that as long as there is no hate speech or violence, the rallies can proceed.

The Bench emphasized the need for authorities, including the police, to ensure that there are no hate speeches against any community and no violence or damage to properties during the rallies.

They urged the deployment of adequate police or paramilitary force when required and the use of CCTV cameras for video recording in sensitive areas. The CCTV footage and videos must be preserved as evidence.

Justice Khanna referred to a previous court order from October 21, 2022, highlighting that hate speech is not permitted.

The Court directed Additional Solicitor General SV Raju to take notice of the application and get in touch with the authorities to ensure that there are no instances of hate speech and violence during the VHP rallies.

The matter has been adjourned for further hearing on Friday.

In light of recent events and communal tensions, the Supreme Court’s decision aims to strike a balance between the right to protest and the prevention of hate speech and violence to maintain peace and harmony in the region.

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