Former Judges, Jurists urge Supreme Court to Act Against Hate Speech // Posters appear in central Delhi offering reward of Rs 11 lakh to anyone who shoots dead Kanhaiya
To,
The Hon’ble Chief
Justice of India, TS THakur and
All Hon’ble Judges
of the Supreme Court of India,
Supreme Court of
India
New Delhi
Hon’ble Chief
Justice Sir
& All Other
Hon’ble Judges of the Supreme Court of India,
We wish to bring to
the Hon’ble Supreme Court’s and through it to the nation’s attention and
specifically solicit suo motu constitutional action on the issue of
the alarming and threatening statements being made by persons currently in
power constitutional positions within the union government. These statements
seem part of a pattern.
2. These statements
have caused fear and insecurity among India’s citizens, the marginalized
sections, especially minorities, Dalits and Adivasis.
3. We annexe here a
news report titled “Muslims warned of ‘final battle”, where in the presence of
a minister of state in the central government and a member of parliament (MP)
of the ruling party, Muslims were equated to “demons” and “descendants of
Ravana”, and were warned of a “final battle” (Annexure 1).
4. According to this
prominent news report that was published as a lead story in the Indian
Express dated February 29, 2016, the speakers at a public meeting
reportedly urged Hindus to “corner Muslims and destroy the demons (rakshas)”,
while declaring that “all preparations” had been made to effect “badla
(revenge)” before the 13th-day death rituals for Mahaur. “Human skulls
would be offered to his martyrdom,” VHP district secretary Ashok Lavania, who
has been jailed earlier for assaults on Muslims, reportedly said.
5. Talking about the
coming Assembly elections in Uttar Pradesh, BJP MLA Jagan Prasad Garg
reportedly told the crowd, “You will have to fire bullets, you will have to
take up rifles, you will have to wield knives. Elections are approaching in
2017, begin showing your strength from now onwards.” The 5,000-odd crowd
chanted slogans such as “Jis Hindu ka khoon na khaule, khoon nahin wo pani hai
(Any Hindu whose blood does not boil isn’t Hindu enough)”.
6. The member of
parliament (MP) of the BJP, Babulal reportedly urged an open fight with
Muslims, and said: “Don’t try to test us… We will not tolerate insults to the
community. We do not want unrest at any cost, but if you want to test Hindus,
then let’s decide a date and take on Muslims.”
7. Another leader of
the same party, BJP from Agra, Kundanika Sharma reportedly said, “We want the
heads of these traitors, the killers of Arun Mahaur,”. “This is not the time to
sit quiet. Chhapa maaro, burqa pehno, lekin inhen gher-gher kar le aao. Ek sar ke
badle dus sar kaat lo” (Raid them, wear burqas, but corner them. Behead ten in
revenge for one head).”
- The VHP district secretary Ashok Lavania
reportedly said, “Ultimately it becomes an act of the society. Once people
are galvanised, no question would be raised at all. In cases like Ram
Janmbhoomi, Muzaffarnagar, the party had disappeared. But it is certain
that revenge will be taken before the terahvin (13th day) is over. Khoon
ka badla khoon (Blood for blood). Action will obviously be in Mantola area
(where Mahaur was killed), but also across Agra. Wherever Hindus are in
majority, it will happen. We are fully prepared. If they retaliate, then
it will be a mahasangram, Mahabharat. The final battle.”
9. “During Kali
worship, narmund (human skulls) are offered after beheading demons. Before his
terhavin, the Hindu community will perform a similar act and offer these
narmunds. I am confident,” Lavania said.
10. The VHP leader
Surendra Jain reportedly claimed they would now dispense their own justice, and
asked his members to form Gau Raksha Samitis (cow protection units) in every
village and asked the administration to “not thwart their efforts as they are
doing the administration’s work”. “If anyone, even the IG here, has any doubt
about the law, they can approach me. I will show them the clauses of the IPC
that say if you (police) do not perform your duty then common citizens can take
law in their own hands.”
11. Jagmohan Chahar,
the Bajrang Dal district coordinator, reportedly dared Muslims “to come out in
the open”.
12. The fact
that this report in The Indian Express refers to an upcoming election in the
state of Uttar Pradesh (2017) and elections in several states this year, bodes
ill for social harmony and peace.
13. The fact that it
is the ruling party at the Centre and its representatives at the Central and
local level who are stoking these dangerous sentiments that amount to nothing
else than incitement to violence, deem it necessary that we, as citizens
concerned for the future of the country, urge the Hon’ble Supreme Court to
urgently act.
13. The fundamental
rights of the people under Article 14, 19, 21 and 25 of the Indian Constitution
need to be protected.
14. We urge therefore
that the Hon’ble Supreme takes suo motu notice of this and issues strict
directions that protect the fundamental rights of all Indians.
15. The minister, the
MP, the MLA and all other culprits need to be punished for violating their
constitutional duty under Article 51A(e) to promote harmony and the
spirit of common brotherhood amongst all the people of India transcending
religious diversities.
16. The offenders need
to be proceeded against under Sections 124A, 153A, 153B, 292, 293, 295A,
505 of the Indian Penal Code.
17. We also urge the
Hon’ble Supreme Court that a Permanent and Sitting Commission be appointed to
monitor and oversee (video tape, record and document) all such meetings
happening to prevent a situation of hate driven provocation and attacks on marginalized
sections. Our country is being pushed to the brink with these kinds of
statements.
18. We also list below
a list of distressing and hate-filled sentiments made by ministers and elected
representatives, and office bearers of the party in power, since May 2014
revealing that the present report is not an aberration but part of a dangerous
and sinister pattern.
19. The references
given below are brief and illustrative. For each of the speakers, there are at
least four or more objectionable statements that we would gladly make available
to the appropriate forum.
Names of
Signatories:
Justice (retired) PB
Sawant
Julio Ribeiro (former
IPS officer)
Justice (retired)
Rajinder Sachar
Justice (retired) BG
Kolse Patil
Justice (retired)
Hosbet Suresh
Iqbal Chagla (senior
counsel)
Cyrus Guzder
(businessman)
PM Bhargava
(scientist)
Dr Syed Zafar Mahmood
(President, Zakat Foundation of India)
Reverend Fr Dr Packiam
T Samuel
Nandan Maluste
Janak Dwarkadas
(senior counsel)
Navroz H Seervai
(senior counsel)
Anil Dharker (senior
journalist)
IM Kadri (architect)
SM Mushrif (former
inspector general of police).
—
Other references to
hate speeches were submitted in a CD to the Supreme Court of India:
1. MOS, HRD Katheria,
warned of ‘final battle’ at Sangh meet. Katheria
says, “We’ve to show our strength.” BJP MP, MLAs also present at meet;
Muslims called “traitors”, “demons”, Hindus told to pick up “guns” for poll.
2. MOS
External Affairs VK Singh: “If somebody throws a stone at a dog, then the
government is responsible?.” The retired general and Union minister said this
in response to the murder of two Dalit children in Faridabad; November, 2015.
3. MOS Sadhvi Niranjan Jyoti,
at a public rally during Delhi elections, December 2014: “People of Delhi have
to decide whether they want a government of Ramzaadas (followers of Ram) or
haraamzaadas”.
4. BJP MP, Yogi Adityanath,
at a public meeting against alleged the ‘Love Jihad’ of Muslims, August 2014.
“If they take one Hindu girl, we will take at least 100 Muslim girls. If they
kill one Hindu, we will kill 100 Muslims”.
5. MOS Giriraj Singh:
“Those opposed to Modi should go to Pakistan”
6. BJP MP, Sakshi
Maharaj, September 2014: “Education of terrorism is being given in madrassas.
They (madrassas)… are making them terrorists and jihadis….It is not in national
interest”.
7. BJP
president, Amit Shah, at an election rally in Bihar, October 2015: “If BJP
loses Bihar elections, crackers will be burst in Pakistan”
8. MOS for parliamentary
affairs, Mukhtar Abbas Naqvi, during a TV programme; May 2015, “All those
who desperately want to eat beef should go to Pakistan”.
9. RSS
chief, Mohan Bhagwat, , at the golden jubilee celebration of VHP in Mumbai,
August 2014: “Hindustan is a Hindu nation…Hindutva is the identity of our
nation and it (Hinduism) can incorporate others (religions) in itself”.
Posters appear in central Delhi offering reward of Rs 11 lakh to anyone who shoots dead Kanhaiya
The Delhi police has charged this person with defacing public property. Not for calling for murder.
See also
What
is to be Undone
Kashmir Oral History
Mubashir Mir - Between Sanghi & Separatists: an alternate perspective from Kashmir
Kashmir Oral History
Mubashir Mir - Between Sanghi & Separatists: an alternate perspective from Kashmir
