SC tells Maha govt to ensure no hate speech in Sakal Hindu Samaj rally

The Supreme Court on Friday ordered the Maharashtra government to ensure that an upcoming event by a body known as 'Sakal Hindu Samaj' in Mumbai would be allowed only subject to the condition that no hate speech would made over there.

A bench presided over Justice K M Joseph also told the state government to conduct videography of the event to be held on February 5.

The court passed its order on a plea by Shaheen Abdullah even as Solicitor General Tushar Mehta, representing the Maharashtra government, contended that if someone is prevented from voicing their view then there will be violation of freedom of speech and expression under Article 19(1)(a) of the Constitution and it would amount to pre-censorship.

In his argument, Mehta also asked how a petitioner based in Kerala would know of speeches being made in Maharashtra and the court could say what has to be spoken would be vetted first.

Referring to the Dharam Sansad event in Uttarakhand , the bench said the event happened there and then the state government took action. "If there is a replica of what happened then we cannot allow this," the bench said.

Senior Advocate Kapil Sibal, representing the petitioner, submitted that the police should invoke Section 151 of Code of Criminal Procedure which gives power to the police to arrest persons to prevent cognisable offences.

Mehta opposed this demand of the petitioner and also pointed out they not only want pre-censorship but also pre-arrest. Mehta contended that this forum is being misused.

Following the hearing, the bench said it is recording Mehta’s submission that if permission is applied for Sakaal Hindu Samaj for holding the meeting on February 5, and if permission is granted, it will be subject to condition that nobody will make any hate speech in defiance of law and in violation of public order.

The plea contended rallies have been organised by a body known as the Sakal Hindu Samaj, an umbrella body of Hindu right-wing organisations under the banner of “Hindu Jan Aakrosh Sabha”, seeking boycott of goods from shops owned by Muslims and a law against “love jihad” and “religious conversions.”