NEW DELHI: The Supreme Court on Wednesday declined to issue any pre-emptory order against Hindu Janajagruti Samiti for public events organised in Yavatmal and Raipur, involving firebrand BJP leader T Raja Singh.
The court, however, asked the authorities to ensure no hate speech is made during the events.
A bench of Justices Sanjiv Khanna and Dipankar Datta questioned senior advocate Kapil Sibal, appearing for Kerala-based Shaheen Abdullah as why he did not make organisation or the leader as party to his application.
"The order you are seeking from us, if we pass, it will affect somebody. Your prayer is do not grant any permission. Does it not go against the fundamentals of natural justice," the bench asked Sibal.
The counsel then retorted what about the fundamentals of the Constitution.
He claimed the authorities have not taken action previously and they have just filed FIRs.
They should not have allowed this to happen, he said, citing the events to take out processions scheduled on January 18 and 19.
"Let them, we are not going to stop that but in case of hate speech and incitement to violence, they will take action, the bench said.
As Sibal insisted for the court's order, the bench said, it cannot be pre-emptory.
However, the bench said the concerned government will take action on it and in case they indulge in it again and the authorities will take action.
The applicant claimed T Raja Singh has been a repeat offender and has continued to deliver hate speeches calling for the killing of and violence against Muslims.
He is also going to hold a series of rallies in Chhattisgarh from January 19 to January 25, the plea stated.
The last such event was organized by the said entity on January 03, 2024 in Solapur where the hate speeches targeting Muslims were openly delivered, it claimed.
"Apart from organising events that spread communal disharmony, this particular entity runs a website that demeans and vilifies minorities. They even publish books to spread so-called awareness about the manner in which Muslims engage in love-jihad," it claimed.
"Such events that demonise communities and openly call for their boycott and violence against them are not mere offences under the IPC and are not limited in terms of their impact to just those areas where they are held but will inevitably eventually lead to communal disharmony and violence of an unfathomable scale across the country. In view thereof, a very legitimate apprehension of communal persecution has arisen that requires the urgent attention of this Court," it added.
