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[DHARM SANSAD MATTER] Supreme Court Bench takes up the matter

By LawStreet News Network      22 April, 2022 12:58 PM      0 Comments
DHARM SANSAD Supreme Court

Kapil Sibal reads out the speech at Hindu Yuva Vahini event.

Sibal : This is concerning a particular incident which happened in Delhi. Please see my rejoinder at page 5, it is the speech made. See the counter (of Delhi Police). Very interesting.

Sibal : The Commissioner of Police says he has conducted an inquiry. He justifies that persons were gathered to "save ethics of the community".

Sibal reads out the affidavit of Delhi Police to the bench.

Bench : This is with respect to which speech.

Sibal : Delhi event. They say they are ready to kill. The police say this is to save the ethics of the community. Your lordships may have to decide constitutionally what the ethics are.

Sibal : I don't want to read the speech aloud. Your lordships may read it. It is extracted in the rejoinder.

Justice AM Khanwilkar asks who is appearing for Delhi Police.

ASG Nataraj says Delih police has filed counter.

Justice AM Khanwilkar asks ASG if any superior officer has verified the Delhi police affidavit.

"Has any superior officer verified this? Whether such a stand can be taken in an affidavit. This affidavit has been filed by Dy Commissioner of Delhi Police"- judge asks

Justice Khanwilkar : The affidavit has been filed by Dy Commissioner of Police. We hope he has understood the nuances. Has he merely reproduced the inquiry report or applied his mind? Is it your stand as well or the reproduction of inquiry report of Sub Inspector level officer?

Justice Khanwilkar : Do you want to have a relook?

ASG : We will have a relook and file a fresh affidavit.

Justice Khanwilkar : Do that.

Supreme Court expresses dissatisfaction at the Delhi Police affidavit which said that the speeches of Suresh Chavhanke at Hindu Yuva Vahini event did not amount to hate speech. SC calls for a fresh affidavit.

Counsel for Uttarkhand says investigation in Haridwar events are completed.

Sibal says he is on the Dharam Sansad event in Himachal Pradesh.

Bench dictates the order : At the outset, Mr.Sibal invited our attention to the extracts of the speech and the enquiry report of the Sub Inspector (PS Okhla Industrial Area) did 24.03.2022 as also the counter-affidavit filed by Dy Commissioner of Police reiterating same position.

Bench dictates order : In the backdrop of this, the learned ASG seeks time for authorities for instructions to file a better affidavit. 2 weeks time prayed for. List this matter on May 9. Better affidavit be filed on or before 4 May.

Bench dictates order : As regards IA (on HP matter), it is stated by Mr.Sibal that standing counsel for HP is duly served. However, his appearance is not mentioned in the list. Registry to ensure his appearance is notified.

Sibal says there is an urgency in the Himachal Pradesh matter.

Bench agrees to list on April 26.

One counsel says HP Dharam Sansad is over.

Sibal : You want me to read. It is scandalous.

Counsel for Uttarakhand says they want to challenge the locus of the petitioners.

Sr Adv Shyam Divan appears for three retired officers of the Armed Forces seeking probe by a new Special Investigation Team into the hate speeches delivered at religious events organized at Haridwar and Delhi between 17th and 19th December 2021

Divan: the hate speech contents from December 17 to 19 is cited in the annexure.

SC: please go through the replies which have been filed in Delhi matter etc. If the issue survives then we can consider..

Divan: issue indeed survives

Divan: we have given translation of speeches and minutes

SC: Please read the reply of Uttarakhand and Mr Sibal has not pressed it thereafter. So please read it and see

SC: No notice in this case. List on May 9, 2022

SC: We direct reply of Uttarakhand be made available to the plea preferred by the retired army veterans. Even the reply by Delhi police would be made available to the counsel once filed.

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