Chargesheet Filed In Hate Speech Case Over Hindu Yuva Vahini Event, Delhi Police Tells Supreme Court

The Supreme Court  on Thursday disposed of the contempt petition filed by activist Tushar Gandhi against the Delhi Police for its alleged inaction in the hate speech case over the Hindu Yuva Vahini event organised under the leadership of Sudarshan News TV editor Suresh Chavhanke in Delhi in December 2021. 

The contempt petition had argued that the Delhi Police had violated the guidelines set out in Tehseen Poonawalla case. As per the said judgement, there is a requirement for the Police to file FIR and chargesheet in a timely manner against calls for mob violence. 

Additional Solicitor General KM Nataraj, appearing for the Delhi Police,  informed the bench today that the investigation had been concluded in the matter and the chargesheet has been submitted to court of Metropolitan Magistrate, Saket, Delhi. In view of the same, the bench noted that it would not be appropriate to pursue contempt case.

"The magistrate shall proceed in terms of CrPC. The matter is disposed of", the bench comprising CJI DY Chandrachud and Justice JB Pardiwala stated in the order.

While disposing of the matter, the Chief Justice also noted–

"Our role ends once the chargesheet has been filed."

It may be recalled that the stand taken by the Delhi Police initially was that the speeches made during the Hindu Yuva Vahini event did not amount to any offence. Responding to another petition seeking action against the hate speech crimes, the Delhi Police stated in an affidavit that "no hate speech was given against any community" at the event. However, the Supreme Court expressed dissatisfaction with this stand of the Delhi Police and called for a "better affidavit" to be filed by a senior officer. Following the rap by the Court, the Delhi Police registered the FIR in May 2022.

In January, a bench led by CJI DY Chandrachud had questioned the Delhi Police's delay in the investigation of the case.

Case Title: Tushar Gandhi v. Rakesh Asthana And Anr. Conmt. Pet(C) No. 41/2022 in WP(C) No. 732/2017

Click Here To Read/Download Order