The Supreme Court in the case observed wherein the plea is moved seeking action against the calls made by several groups, following the Nuh-Gurugram communal violence which being for the social and economic boycott of Muslims.
The matter was mentioned before the bench comprising of Chief Justice of India DY Chandrachud.
The counsel, Senior Advocate Kapil Sibal seeking urgent hearing of the matter submitted before the court that this being very serious thing that has happened in Gurugram, where there is a call along with policemen, in order to say that if you employ these people in shops, you will all be the gadders and this court has filed an urgency petition. Thus, the Lordship may look at lunch time.
In the present case, the petition is moved as an interlocutory application by Shaheen Abdullah, which is being filed in the pending writ petition of him.
The court had passed an order on the application moved by the counsel wherein the court directed the police authorities in Delhi, UP and Haryana to ensure that no hate speech or violence take place in the rallies which are organised by Vishwa Hindu Parishad and Bajrang Dal in the wake of Nuh communal clashes.
It has been stated that as per the application and despite of the Supreme Court order more than 27 rallies have been organised across various States where blatant hate speeches calling for the killing and social and the economic boycott of Muslims have openly been delivered.
The court observed that the application moved referred to a video that surfaced on social media on August 02, 2023wherein it is allegedly showed a procession by the Samhast Hindu Samaj through a neighbourhood in Hisar, Haryana issuing warnings to residents/shopkeepers that if they continue to employ or to keep any Muslims after 2 days, then their shops will be boycotted.
It has also been alleged by the said applicant that the threat calls against the minority community was made in the presence of police officers.
Further, the application moved alleged that the open calls for violence and boycott of Muslims were being given by VHP leader Kapil Swami in the presence of Police Officials in Sagar, Madhya Pradesh on August 4, 2023, wherein the application seeks to a speech made by the Bajrang Dal leader in Fazilka in Punjab on August 6, 2023 while justifying the murders of Nasir and Junaid who were brutally beaten and burnt alive in February, 2023.
It has also been submitted before the court that such rallies that demonize communities and openly call for violence and for killing of people are not limited in terms of their impact to just those areas that are presently which deals with communal tensions but will inevitably lead to communal disharmony and to the violence of an unfathomable scale across the country.
The petition moved seeks an action against the police officers who in the case participated in those rallies and meetings for failure to prevent hate speeches.
Further, the applicant in the case seeks directions to the concerned State police in order to explain the action taken by them against hate speeches.
