The Supreme Court on Wednesday directed the state governments of Uttar Pradesh, Haryana and Delhi to ensure compliance of its previous orders on preventing hate speech and violence against any community, in proposed protest rallies by VHP and Bajrang Dal on August 2, following the incidents of conflagration in Haryana's Nuh and Gurugram.
A bench of Justices Sanjiv Khanna and S V Bhatti directed for use of videography and use of CCTV footages in such rallies.
"We have to ensure that the Rule of Law is maintained," the bench said. The court, however, did not stay any of the rallies.
The top court passed its order upon an urgent mentioning made by senior advocate Chander Uday Singh on behalf of Kerala-based multi media journalist Shaheen Abdullah.
In a special sitting, the bench told Additional Solicitor General S V Raju that there cannot be any quarrel on the proposition that hate speeches do vitiate the atmosphere.
The bench asked him to ensure that the authorities must take adequate precautions to prevent violence and hate speeches.
The applicant cited the orders issued in October 2022 and April 2023 wherein the top court had directed the state governments to take suo motu action immediately as and when any speech or any action takes place which attracts offences such as Sections 153A, 153B and 295A and 505 of the IPC etc.
The bench told ASG Raju, appearing for the Centre, “Please get in touch with the authorities immediately to ensure that nothing untoward happens.”
"And wherever you think are sensitive areas, take additional precautions in the form of additional police force. Also, deploy CCTV cameras to ensure everything is recorded,” the bench added.
Singh said that a Mahapanchayat is scheduled to take place in Haryana today evening at 4 pm amidst communal tensions.
The bench said, "Let it be, as long as there is no hate speech, no violence...... no destruction of property ''.
Abdullah filed an application in writ petition filed by him seeking directions to stop hate crimes.
The top court said "We hope and trust 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”.
The bench said authorities including the police will take use of the CCTV cameras where installed or make video recordings in all sensitive areas wherever required and CCTV footage and the videos will be preserved.