No pre-emptive order but ensure no hate speech: SC on events organised by BJP's T Raja Singh

New Delhi: The Supreme Court on Wednesday declined to restrain BJP leader T Raja Singh from holding public events under the auspices of Hindu Janajagruti Samiti in Maharashtra's Yavatmal and Chhattisgarh's Raipur district but asked the authorities to ensure no hate speech is made in those events.

A bench of Justices Sanjiv Khanna and Dipankar Datta also took exception to why the person against whom the allegations have been raised has not been made a party in the proceedings before the court.

The bench, however, directed that it is required that the nodal officer in Yavatmal, Maharashtra, and Raipur, Chhattisgarh, along with the District Magistrate and Superintendent of Police, take notice of the allegations and take appropriate steps, including installing CCTV cameras if necessary, during the events.

Senior advocate Kapil Sibal, representing Shaheed Abdullah, argued that the person named (T Raja Singh) was a repeat offender in hate speeches cases, and events were planned on January 18 and other dates. He asked the court to issue directions to the authorities to deny permission for such events.

He claimed the authorities have not taken action and they have just filed FIRs in previous cases.

"They should not have allowed this to happen," Sibal said, adding the organisation has planned to take out processions on January 18 and 19.

"Let them, we are not going to stop that but in case of hate speech and incitement to violence, they (authorities) will take action,” the bench said.

As Sibal insisted on a court order, the bench said, “it cannot be pre-emptory (sic)”.

Sibal cited FIRs lodged in 2023.

However, the bench said the concerned government will take action on it, and in case they indulge in it again, the authorities will take action.

Sibal challenged the permission given to hold the meeting.

On this, the bench asked why the person or the organisation concerned has not been made a party in the plea.

“The order you are seeking from us, if we pass, it will affect somebody... your prayer is do not grant any permission,” the bench told Sibal.

"This goes against the fundamentals of natural justice," the bench said.

On this, Sibal asked, “But what about the fundamentals of our Constitution”.

Going through the plea, which referred to speeches by BJP leader T Raja Singh, the bench remarked that some of the speeches delivered were "certainly objectionable”.

However, the apex court said that no pre-emptive action can be taken for future speeches.

In its order, the bench said, “The persons against whom allegations have been made have not been impleaded as a party. Nevertheless, in view of assertions made it would require the authorities to be cautious of the fact that no incitement to violence or hate speech can be permitted”.

The bench directed the district magistrates and superintendent of police of Yavatmal and Raipur to take notice of the allegations and take appropriate steps as may be advised and required.

“If necessary and deemed appropriate, the police will install CCTV cameras with recording facilities so that in case any events happen, perpetrators can be identified," the bench said.

Sibal then said "This happens again and again, and it will not end" unless the court intervenes.

The bench responded, “Look we have passed orders and on the last occasion after we passed an order in one case, it did have its effect. And, it did stop and we expect it to stop….that was the positive part (sic)”.

The plea stated Hindu Janajagruti Samiti is organszing three events on January 18, 2024, in Yavatmal, Maharashtra.

"T Raja Singh (BJP leader), who has been a repeat offender and has continued to deliver hate speeches calling for the killing of and violence against Muslims, is also going to hold a series of rallies in Chhattisgarh from January 19 to January 25,” it said.

Far from taking action against repeat offenders, the authorities fail to even prevent them from holding further rallies where they deliver hate speeches with impunity despite specific directions to this effect having been issued by the apex court, it said.

“In several rallies, police personnel are seen as mere bystanders. That such events that demonise communities and openly call for their boycott and violence against them are not mere offences under the IPC and are not limited in terms of their impact to just those areas where they are held but will inevitably eventually lead to communal disharmony and violence of an unfathomable scale across the country," the plea said.