Hate Speech Case : Investigation Over Hindu Yuva Vahini Event 'Substantially Completed', Delhi Police Tell Supreme Court

The Delhi Police informed the Supreme Court on Monday that the final report 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 is "almost ready".

"The investigation is substantially completed. The final report is almost ready. It has been sent for vetting and we will be filing the final report in the shortest time", Additional Solicitor General KM Nataraj told a bench led by Chief Justice of India DY Chandrachud.

The bench, also comprising Justice PS Narasimha and Justice JB Pardiwala, was hearing a contempt petition filed by activist Tushar Gandhi alleging that the Delhi Police has violated the directions issued in the Tehseen Poonawalla case regarding investigation of mob violence cases.  

The bench had earlier questioned the Delhi Police regarding its progress in the investigation in the case. Asking why the Delhi police took 5 months to register an FIR, the CJI had enquired if any one was arrested in the case.  Today, taking note of the ASG's statement, the bench decided to adjourn the hearing for three weeks.

Advocate Shadan Farasat, appearing for the petitioner, did not object to the adjournment. But he added that the Delhi Police should clarify certain additional aspects. He pointed out that as per the Delhi Police affidavit, they have fixed March 17 as the date for collecting the voice sample of the accused. It should be done expeditiously and cannot take so long, Farasat stated.

"Secondly, what are the preventive steps as regards these people? What steps have they taken so that these type of incidents are not repeated by these persons again? That affidavit may be asked for."

ASG KM Nataraj stated that he would take instructions on the same. 

The bench, while adjourning the hearing by three weeks, recorded the ASG's statement that the investigation has been substantially completed and that final report is in the process of being submitted within a short duration of time.

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 today's hearings, Solicitor General of India Tushar Mehta requested the bench to also tag the hate speech case against the Sudarshan TV's UPSC Jihad program with the ongoing matter. He said–

"The Sudarshan TV matter is also connected to this".

Farasat informed the bench that the contempt petition was regarding a different incident and that the petition regarding 'UPSC jihad' program is tagged with a batch of petitions listed before a bench led by Justice KM Joseph.

The court stated that it would look into the same. It may be noted that the Ministry of Information & Broadcasting had earlier filed an affidavit in the Supreme Court stating that Sudarshan TV's UPSC Jihad program was "not in good taste" and had a likelihood to "promote communal attitudes". In this context, it had "cautioned" the Suresh Chavhanke led channel to be "careful in future."

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

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