Cops face music on affidavit : Supreme Court questions Delhi police statement on hate speech

Force claims the allegation of promoting genocide is 'incorrect and absurd'

R. Balaji   |   TT  |  New Delhi   |    23.04.22 : The Supreme Court on Friday rapped Delhi police for claiming that no calls for genocide against Muslims had been sounded at a Hindu Yuva Vahini event, asked the force to file a “better affidavit” and wondered whether senior officers had applied their mind while filing the present affidavit.

A video of the December 19 event purportedly shows participants pledging to “fight, die for and, if necessary, kill” to create a “Hindu Rashtra”. But the Delhi police, who report to the Union home ministry, have claimed the allegation of promoting genocide is “incorrect and absurd” since the video features no “hate words targeting any particular community”.

“Affidavit has been filed by the deputy commissioner of police. We want to know if he has understood the nuances and applied his mind,” the bench of Justices A.M. Khanwilkar and A.S. Oka asked additional solicitor-general K.M. Natraj, who was appearing for the Delhi police.

“Or has he merely reproduced the inquiry report of a sub-inspector-level officer?” the bench asked.

The deputy commissioner who filed the affidavit was a woman IPS officer, Esha Pandey.

Her April 14 affidavit said the participants at the event had gathered “to save the ethics of their community” and empower their own religion to face evils that could endanger its existence. It had added that the case relating to the event, based on three complaints, had been closed.

“Has any superior officer verified this — whether such a stand can be taken in an affidavit?” Justice Khanwilkar asked Natraj.

While Natraj tried to think of an answer, the bench said: “Do you want to have a relook?”

The law officer immediately agreed, saying: “We will have a relook and file a fresh affidavit.”

Earlier, senior advocate Kapil Sibal had told the bench: “They (participants at the event) 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 was representing joint petitioners Qurban Ali, a journalist, and former Allahabad High Court judge Anjana Prakash, who have alleged police failure to act following alleged calls for genocide at the Delhi event and a December 17-19 Dharma Sansad in Haridwar, Uttarakhand.

At Haridwar, several speakers had allegedly urged Hindus to take up weapons against Muslims to create a Hindu Rashtra.

On Friday, the counsel for the Uttarakhand government — which last week sought time to file a status report on the action taken on the Haridwar event — told the bench that the investigations were complete.

The counsel added that the state wanted to challenge the locus standi of the petitioners.

Himachal event

Sibal said a Dharma Sansad was being planned in Himachal Pradesh and urged the apex court to intervene. The bench said it would take the matter up on April 26.