The Supreme Court on Tuesday dismissed a petition seeking judicial inquiry by former Chief Justice of India into the recent incidents of communal clashes in Delhi’s Jahangirpuri and in seven other states during Ram Navami. The apex court also expressed concern that incidents of hate speeches keep occurring in India despite court guidelines issued on preventive measures to be taken by the government authority.
A bench of Justices L. Nageswara Rao and B.R. Gavai dismissed the plea filed by advocate Vishal Tiwari. “You want inquiry to be headed by former CJI? Is anybody free? Find out…What kind of relief is this…Don’t ask for such reliefs which can’t be granted by this court. Dismissed,” the bench said.
Tiwari, in his plea, had sought directions to hold an inquiry into the clashes that took place in Rajasthan, Delhi, Madhya Pradesh and Gujarat during Ram Navami. The PIL also sought directions to set up a similar committee to inquire into the arbitrary action of “bull dozer Justice” in Madhya Pradesh, Gujarat and Uttar Pradesh. “There is no problem of trust. But what we see on the ground is different. Despite Supreme Court order, things [clashes] are happening,” the court said when it was asked by the Uttrakhand government to have faith, assuring that preventive measures would be taken as another Dharam Sansad is to take place on Wednesday in Roorkee. The top court made it clear that if Uttarakhand fails in its duty to implement the said order, then its Chief Secretary will have to appear before it with explanation.
As the Uttrakhand government counsel alleged that the petitioner was trying to protect one particular community, the Supreme Court pulled him up, saying “this is not the way to address in court”. The Supreme Court on Tuesday directed the Uttarakhand chief secretary to place on record that no untoward statement will be made at the “Dharam Sansad” scheduled in Roorkee on Wednesday. A three judge bench headed by Justice A.M. Khanwilkar took note of the assurance given by the Uttarakhand government that authorities are confident that no untoward statement will be made during the event and all steps as per decisions of this court will be taken. “We direct the chief secretary of Uttarakhand to place the above position on record and apprise us about the corrective measures,” the bench said.
“There is no confidence that such a thing will not happen again. You know what is said at these Dharm Sansad,” the bench observed. “You know what are preventive measures… you will have to do it. And if it still happens, we will ask the Chief Secretary to remain present. We are directing you to take all these steps. You are bound to,” the bench told the counsel appearing for the Uttarakhand government. Meanwhile, a report said key members of the Roorkee Dharam Sansad, including Swami Dineshanand, were taken into custody by the Uttarakhand police on Tuesday. He was taken away from Shiv Mandir in Dada Jalalpur, where preparations were being made for the mahapanchayat. He is currently put under custody at the Mandawar police station. “The police have taken away all the speakers and DJ material. Also, there is heavy police deployment in the village,” said a local, noting that it might be impossible to hold a mahapanchayat on Wednesday. The apex court also asked the Himachal Pradesh’s Secretary of Home Department to file an affidavit regarding the preventive and corrective measures taken after the Dharm Sansad event which took place from 17 April to 19 April in Himachal Pradesh’s Una. It directed that the affidavit be filed on or before 7 May and posted the matter for hearing on 9 May.