New Delhi: A group of Supreme Court lawyers have written an open letter to Uttarakhand governor Lieutenant General Gurmit Singh about the government’s inaction on repeated instances of hate speech in the state.
The letter, dated Tuesday, May 30, says that the state government is prima facie in contempt of the Supreme Court by refusing to take action on the hate speech cases, despite orders from the Supreme Court to do so.
“We write to express our deep concern at recent events in the state of Uttarakhand, a state with a long history of peace and social harmony. The frequency of these events indicates there is a campaign underway to spread fear and hatred in the state,” the letter begins by saying.
It goes on to list four examples of hate speech incidents that took place within a span of 12 days, adding that they were all perpetrated by Hindu nationalist organisations against Muslims.
The first incident involves a Rudra Sena leader who made speeches and videos threatening the Van Gujjars, a predominantly Muslim community, to leave an area lest they be subject to violence.
The second incident also involves the Rudra Sena, which made speeches in a different area advocating for the economic boycott of minorities and the elimination of all ‘jihadis’ from the world.
Times of India reported that this event was allowed on the condition that it did not commit acts of hate speech, noting that the Muslim month of Ramzan was ongoing then.
The next two incidents involve the Bajrang Dal disrupting schools that had chosen to perform Eid-related plays.
Police did not take action in any of the above cases.
“As per the [Supreme] Court’s October 21, 2022 order in Shaheen Abdullah vs. Union of India … the states of Uttarakhand, Himachal Pradesh and Delhi were specifically directed to “ensure that 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., suo moto action will be taken to register cases even if no complaint is forthcoming,” the letter points out.
The full letter and the list of signatories are reproduced below.
§
OPEN LETTER BY LAWYERS OF THE SUPREME COURT OF INDIA TO HON’BLE
GOVERNOR OF UTTARAKHAND
To:
The Hon’ble Governor
Government of Uttarakhand
Subject: Repeated instances of hate speech and violence in Uttarakhand in recent weeks; state police prima facie in contempt of Hon’ble Supreme Court of India
Dear Sir,
We write to express our deep concern at recent events in the state of Uttarakhand, a state with a long history of peace and social harmony. The frequency of these events indicates there is a campaign underway to spread fear and hatred in the state. From public information it appears the administration, by failing to take serious action, is also violating the orders of the Hon’ble Supreme Court of India.
In particular, we note the following reported incidents in April 2023:
– As per a complaint made by the Van Gujjar community (who are predominantly Muslim) to the National Minorities Commission and reported in Rashtriya Sahara newspaper on April 16th, in Tyuni, Dehradun district, Rakesh Tomar Uttarakhandi, the leader of the “Rudra Sena,” made speeches and videos demanding Van Gujjars should leave the area by April 10th or violence would take place. The threats were not carried out after the Gujjars appealed to the District Magistrate, but no serious action appears to have been taken against this organisation, as evinced by the next point.
– On April 20th, a “dharm sabha” was reportedly held by the same organisation – Rudra Sena – in Chakrata. Speeches were made calling for the economic boycott of minorities, a ban on settlement of “non Sanatanis” in the state, and declaring that “peace cannot prevail in the world, unless every ‘jihadi’ is eliminated.” It is pertinent to note that as per the Times of India, one of the speakers at this event was Prabhunand Giri, who is also named in the FIR that was lodged after a similar event in Haridwar in December 2021 had attracted international outrage and condemnation from senior retired officers of the Armed Forces as well as large sections of civil society. As per the Times‘ report, the speeches in Chakrata were broadcast on Facebook. The police also claimed that they had videographed the event, and that “no complaint had been received.” No cases or arrests were reported.
– On April 24th, Bajrang Dal activists vandalised a private school in Vasant Vihar, Dehradun. Reports in Hindustan and the Times of India say that the school was vandalised because a play was held to celebrate Eid, while also making it clear that the school conducted such events for all major religious festivals. No arrests or police action for the vandalism was reported.
– On April 28th, another group of Bajrang Dal activists staged a dharna directly outside another school during school hours, claiming that the school had staged a similar play for Eid, leading the school to delete a video of the play. Once again no police action appears to have been taken.
These are only some examples. It is notable that all of these incidents took place within the space of a few weeks. It is also notable that the same individuals and organisations are repeatedly engaging in such actions but facing no apparent consequences.
Sir, it is important to note that the Hon’ble Supreme Court has been deeply concerned at the rise of hate speech and mob violence in the country and in Uttarakhand in particular. On 17.07.2018, in its judgment in Tehseen Poonawalla vs. Union of India and Ors., the Court was pleased to direct all State governments to proactively act against hate speech and mob violence, including through appointing nodal officers who will ” also make efforts to eradicate hostile environment against any community or caste which is targeted in such incidents.” Further, as per the Court’s 21.10.2022 order in Shaheen Abdullah vs. Union of India (WP(C) 940/2022), the states of Uttarakhand, Himachal Pradesh and Delhi were specifically directed to “ensure that 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., suo moto action will be taken to register cases even if no complaint is forthcoming and proceed against the offenders in accordance with law” (emphasis added).
From the public record none of these steps is being taken in Uttarakhand. The consistent pattern of events in the last few weeks, coupled with those which occurred in 2021 and 2022, appears to indicate that, through inaction, the police are allowing criminal incitement and violent actions to take place and hence are in contempt of court. We request your immediate intervention to ensure that the Constitution, the rule of law and the orders of the Hon’ble Supreme Court of India are upheld.
The State can, and ought to, play an active positive role to promote the very opposite – the celebration of our strength of community, as we come together from diverse cultures, rich in varied customs. We urge the State to reach out and promote the understanding of one another, to foster a climate of compassion, unity and harmony.
Sincerely,
Sr Adv Anjana Prakash (retd. Judge, Patna High Court)
Sr Adv Raju Ramchandra
Sr. Adv Chander Uday Singh
Adv. Prashant Bhushan
Sr. Adv. Meenakshi Arora
Adv. Indira Unninayar
Adv. Pyoli Satija
Adv. Amita Joseph
Adv. Omanakuttan K.K.Adv. Pranav Arora (Advocate on Record, Supreme Court of India)
Adv. Kabir Dixit (Advocate on Record, Supreme Court of India)
Adv. Ria Yadav
Adv. Jawahar Raja
Adv. Shalini Gera
Adv. Bulbul Das
Adv. Meera Sanghamitra
Adv. Shashank Singh
Adv. Ruksana Chowdhury
Adv. Ramesh Mishra
Adv. Farrukh Rasheed
Adv. Mishika
Adv. Shubham Gurung
Adv. Manavi