B final-converted

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B
SYNOPSIS
The Petitioners herein are constrained to approach this Hon’ble Court
under Article 32 of the Constitution of I...

C
It is also relevant to note that no action whatsoever has been taken by
the Delhi Police in relation with the event held...

D
2. That the contents of the speech feed into an already prevailing
discourse which seeks to reimagine the Indian Republi...

E
“economic boycott (against the Muslims) will not work. No community
can survive without picking up weapons. And swords w...

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F
utters the statement that constitutes ‘hate speech’ and also
the audience to whom the statement is addressed which
inclu...

G
promises to its citizens. The horrendous acts of mobocracy
cannot be permitted to inundate the law of the land. Earnest
...

H
The aforementioned events and the speeches delivered
during the same are not mere hate speeches but amount
to an open ca...

I
31.12.2021
That the organizers announced through a video that they
will hold new events in Aligarh on 23rd
January 2022 ...

1
IN THE HON’BLE SUPREME COURT OF INDIA
CIVIL EXTRAORDINARY JURISDICTION
WRIT PETITION (CIVIL) NO. OF 2021
(Petition under...

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2
WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF
INDIA SEEKING ISSUANCE OF WRIT OF MANDAMUS OR ANY
OTHER APPROPRIAT...

3
THE HUMBLE PETITION OF THE
PETITIONER ABOVE-NAMED
MOST RESPECTFULLY SHEWETH:
1. The Petitioners herein are constrained t...

4
Poonawalla (supra). The present Petition also seeks compliance of
the punitive measures contemplated by this Hon’ble Cou...

5
The Petitioner No.2, Ms.Anjana Prakash, is a former Judge of the
High Court of Patna.
Her Aadhaar Card No. and her PAN c...

6
b. WHETHER the ‘hate speeches’ wherein open calls for genocide
of a significant section of the Indian citizenry were giv...

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7
The aforementioned events and the speeches delivered during
the same are not mere hate speeches but amount to an open
ca...

8
That on 28.12.2021 a Police Officer’s video went viral on the
internet, wherein one of speakers of the aforementioned ev...

9
herewith and marked as Annexure P-4 (Pg,. _51 to 53
).
7. That a comprehensive list with links to extracts of speeches, ...

10
d) Web-link of the videos showing instances of followers posting
‘compliance’ in terms of taking the ‘message to the fi...

11
It is further pointed out that the Police authorities have registered
two FIRs against 10 people who took part in the H...

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12
B. BECAUSE the proclamations made at the events are widely available
on the internet and qualify as both extreme hate s...

13
D. BECAUSE The impact of such repeated speeches shows a rise in
structural (in not allowing vendors into residential co...

14
charges under UAPA, while at other times, they seem content to let
violence break out.
G. BECUASE Amish Devgan v Union ...

15
I. BECAUSE this Hon’ble Court in Tehseen Poonawalla v. Union of India
[(2018) 9 SCC 501 specifically recognised a ‘duty...

16
stigmatizing of a community, which in turn leads to the targeted
community being pushed out of social and public spaces...

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17
“42. We may emphatically note that it is axiomatic that
it is the duty of the State to ensure that the machinery
of law...

18
personswhodevelop masterly skilltotransgressthelaw
jostle in the streets that eventually leads to an
atmosphere which w...

19
the date of registration of the FIR or arrest of the accused,
as the case may be.
e) There should be a scheme to compen...

20
O. Duty of care by police as principle of law:
BECAUSE the hate speeches are extreme examples of incitement
and advocat...

21
S. BECAUSE Courts in UK and Canada have recognized a ‘duty of care’
by the police as a component of both private and pu...

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22
other agencies) causing personal injury, for which the
commonlawgenerallyimposesno liability, isnotamere
alternative to...

23
loco parentis, and situations where the omission arises
in the context of the defendant’s having acted so as to
create ...

24
''86. A trial encompasses investigation, inquiry, trial, appeal
and retrial i.e. the entire range of scrutiny including...

25
and in accordance with law; and secondly, the entire emphasis has
to be to bring out the truth of the case before the c...

26
[Emphasis Supplied]
Protection from ‘hate speech’ is a constitutional and statutory
right:
AA. BECAUSE in the context o...

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27
vulnerable sections that can range from discrimination, to
ostracism,segregation,deportation,violenceand,inthemost
extr...

28
would undermine the “implicit assurance” that citizens of a
democracy, particularly minorities or vulnerable groups are...

29
Paragraphs 4.14, 4.15 and 5.10) acknowledges that hate speech is
essentially an offence against minorities/marginalized...

30
the form of rights of individuals and other in the form of
individual’s obligation to others to ensure unity and
integr...

31
thenationorpublicdisordertendtotrampleuponliberty
and freedom of others.”
[Emphasis Supplied]
KK. BECAUSE furthermore A...

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32
victim which can be violent or such as loss of self-
esteem, economic or social subordination, physical and
mental stre...

33
variable recognizes that a speech by ‘a person of influence’
suchasatopgovernmentorexecutivefunctionary,opposition
lead...

34
dignity in the past, and the effort should be reconciliatory.
Nevertheless, such speech should not provoke and ‘incite’...

35
7. The Petitioner seeks to invoke the jurisdiction of this Hon’ble Court
under Article 32 of the Constitution for the a...

36
iii) Issue a writ of mandamus or any other writ, order or
direction defining the contours of ‘duty of care in
investiga...

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