Haryana Nuh violence: SC orders authorities to ensure no violence in VHP-Bajrang rallies

The Supreme Court asked Delhi-NCR governments and the state police to ensure no hate speech or violence occured in the rallies being organised by Hindutva organisations Vishwa Hindu Parishad (VHP) and Bajrang Dal across various parts of Delhi.

In a special hearing at 2 pm based on an urgent application filed by senior advocate Chander Uday Singh to stop the VHP-Bajrang Dal rallies in the national capital region, a bench of Justices Sanjiv Khanna and SV Bhatti underscored that the Supreme Court had already passed orders in October 2022 and April 2023 that police could suo moto register FIRs against hate speech. The Supreme Court stated that the authorities must follow the order.

The application was urgently heard after the matter was mentioned before Chief Justice of India DY Chandrachud. CJI passed orders for immediate listing and constitution of the bench. "Give us the papers. We will immediately pass orders," said CJI Chandrachud. The application was filed by Shaheen Abdullah as an interlocutory application.

Appearing for the petitioner, Uday Singh said 23 marches have already been announced by VHP-Bajrang Dal in various parts of Delhi to allegedly protest against the violence which broke out in Nuh. When the bench queried if hate speeches have already been made, Singh said hate speeches have already been made and more rallies are scheduled to be organised.

Addressing the Additional Solicitor General of India SV Raju, Justice Khanna asserted that they could not argue on whether hate speech vitiates the atmosphere. “Mr Raju, please ensure that the authorities must take adequate precautions to ensure that there is no violence and there are no hate speeches. Get in touch with the authorities to ensure that nothing untoward happens and at least there are no hate speeches or violence at all. We have to ensure that rule of law is maintained. This cannot be treated as an adversarial litigation. This is a policing issue,” said Khanna.

Reading out the order, the bench stated, “We hope that the state governments, including the police authorities, will ensure that there are no hate speeches against any community and there is no violence or damage to properties. Wherever required, adequate police force or paramilitary forces should be deployed. Authorities, including the police, will make use of the CCTV cameras where ever installed or make video recordings in all sensitive areas wherever required. The CCTV footage and videos must be preserved.”

The bench directed the court registry to inform the standing counsels of the governments of Delhi, Haryana and UP regarding the orders passed.

The matter was initially mentioned before a bench of Justices Aniruddha Bose and Bela M Trivedi in the morning. “This is a fresh application in the hate speech case where a judgment was delivered, Shaheen

Abdullah case. In Delhi, it was said that 27 protest meetings are planned to protest against what happened at Nuh (Haryana),” Singh had submitted.

However, Justice Bose indicated that he was unsure of whether he could accommodate the urgent request since the power to do the same lies with the Chief Justice of India (CJI). He asked the lawyer to confirm with CJI about whether they could hear it. Singh then appeared before CJI, who asked for an email to be sent immediately. Soon, a special bench was constituted to hear the case.

The communal violence first broke out on July 31 during a Hindutva religious rally organised by Vishwa Hindu Parishad (VHP)in Nuh district by members of Vishwa Hindu Parishad and Bajranj Dal, after rumours were spread that the absconding cow vigilante Monu Manesar, a key accused in Bhiwani killings, would attend the procession.

The charred bodies of Junaid and Nasir — both cousins — were found inside the four-wheeler in Haryana’s Bhiwani district on February 16. The Rajasthan police had named 21 people, including Bajrang Dal member Monu Manesar, in the abduction and murder of two Muslim men.