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“File Better Affidavit”: Supreme Court To Delhi Police On Suresh Chavhanke’s Hate Speech

New Delhi: Last Monday, the Delhi Police told the Supreme Court that a statement at a Hindu Yuva Vahini event in Delhi that called for a “Hindu Rashtra (Hindu nation)” at all costs was “not hate speech.” The Supreme Court underlined its displeasure with the Delhi Police statement today, requesting a “better affidavit.”

The Delhi Police admitted to the Supreme Court that its affidavit claiming no hate speech was spoken at a “Dharma Sansad” conducted in the capital on December 19 needed to be re-examined and that it will file a stronger one.

Sudarshan News TV Chief Editor Suresh Chavhanke had encouraged participants to take an oath at the occasion, saying: “We all swear to make this country a Hindu nation, marenge aur zarurat padi toh maaarenge (Hindu rashtra ke liye ladenge, marenge aur zarurat padi toh maaarenge). We will fight for it, die for it, and kill for it if necessary).”

Hindu Yuva Vahini, a right-wing organisation, organised the event.

Senior lawyer Kapil Sibal today flagged the Delhi Police affidavit, which said, “Their motive was to save the ethics of the community.”

“What does this mean,” Mr Sibal questioned.

“This affidavit has been filed by the Deputy Commissioner of Police. Does he approve of this stand? or has he just reproduced the inquiry report by sub inspector level,” asked Justice AM Khanwilkar.

The new Delhi Police affidavit must be filed by May 4, according to the Supreme Court.

In the previous hearing last week, the Delhi Police had told the court that in its inquiry into the alleged hate speech video, it had found that “there is no use of such words which mean or could be interpreted as ‘open calls for genocide of Muslims in order to achieve ethnic cleansing or an open call for murder of an entire community”.

The police statement said, “In-depth investigation of the video and other material found that no hate speech was given against any community. Therefore, after investigation and evaluation of the purported video clip, it was concluded that the alleged speech contained no hate speech against a particular community.”

The Supreme Court is considering a plea seeking an independent investigation into alleged anti-Muslim hate speeches delivered at “Dharm Sansads” (religious meetings) in Haridwar and Delhi. Anjana Prakash, a former High Court judge and prominent counsel, and journalist Qurban Ali brought the petition.

Hate speeches, including blatant demands for violence against Muslims, were delivered between December 17 and 19 at two meetings organised by the Hindu Yuva Vahini in Delhi and Yati Narsinghanand in Haridwar.

The Delhi Police also told the Supreme Court in its controversial affidavit that the event and speeches in Delhi were about empowering one’s religion and face evils that could endanger its existence.

The police also claimed that there must be “tolerance to the views of others.”

“We must practise tolerance to the views of others. Intolerance is as much dangerous to democracy as to the person himself. Petitioner is trying to draw an incorrect and absurd inference by isolated passages disregarding the main theme and its message. Supreme Court has repeatedly said that freedom of expression must be allowed unless community interest is endangered. In this case, the public interest is not endangered,” said the Delhi Police.

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