The Supreme Court on January 13, 2023 directed the Delhi Police to file an affidavit detailing steps taken in the investigation of hate speech incidents in the national capital where according to activist and Mahatma Gandhi’s great-grandson Tushar Gandhi, “calls of violence and Nazi style salutes were made”.
Appearing before a Bench led by Chief Justice of India D.Y. Chandrachud, advocate Shadan Farasat, for Mr. Gandhi, said the incidents took place on December 19, 2021. The FIR was registered only on May 4, 2022. There has been no arrests or questioning of the suspects or chargesheets filed till date.
“What are you doing in terms of the investigation? The FIR was only registered five months later. Eight months have passed since the registration of the FIR. There seems to be no palpable progress… Who is the investigating officer,” Chief Justice Chandrachud asked Additional Solicitor General K.M. Nataraj, appearing for the Delhi Police.
Mr. Farasat said there has been a clear violation of the Supreme Court's direction in the Tehseen Poonawala case in which the court had said the police should take preventive steps to stop such incidents from happening.
"All that the Delhi Police have done is to say everything is kosher and the investigation is going on… If such things happen in the capital city, what kind of society are evolving into?" he asked.
The hearing was based on a contempt petition filed by Mr. Gandhi against the then Delhi Police Commissioner Rakesh Asthana.
Mr. Farasat said the petitioner is focussing rather more on the action the police is taking on the incidents and call for violence.
Mr. Nataraj said there may have been some delay in "some cases", but the investigation is certainly on. The petitioner cannot dictate how the investigation ought to be conducted.
"But tell us now what has happened between May 4 till now?" the CJI asked.
Mr. Nataraj said he would have to take instructions on that and would file an affidavit about the progress of the investigation.
In April 2022, the Delhi Police told the Supreme Court that there was no instances of hate speech at the Delhi dharam sansad event nor was there any "open call for genocide of Muslims in order to achieve ethnic cleansing". The words spoken at the event were, instead, about "empowering one's religion to prepare itself to face the evils which could endanger its existence, which is not even remotely connected to a call for genocide of any particular religion".
In October, a Supreme Court Bench led by Justice K.M. Joseph had said it was "tragic what we have reduced religion to" in the 21st century and a "climate of hate prevails in the country" while directing police and authorities to immediately and suo motu register cases against hate speech makers and offenders who commit acts of communal violence without waiting for a complaint to be filed.
