PUCL representation to dgp mah 8.5.23.pdf

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PEOPLE’S UNION FOR CIVIL LIBERTIES
Maharashtra State Unit
President : Mihir Desai; General Secretary : Lara Jesani; Treasurer : Alex D’Mello
Committee Members : Ammu Abraham, Dolphy D’souza, Ramesh Awasthi, Sandhya Gokhale
Email: pucl.maharashtra@gmail.com
8th
May 2023
URGENT
By Hand Delivery and Email
To,
Mr. Rajnish Seth
Director General of Police, Maharashtra
Police Headquarters,
Old Council Hall,
Shaheed Bhagat Singh Marg,
Colaba, Mumbai – 400 001
dgpms.mumbai@mahapolice.gov.in
+91 22 22026672
Subject : Ensure implementation in letter and spirit of the directions issued
by the Supreme Court of India vide its orders dated 13th
January
2023, 3rd
February 2023 and 28th
April 2023 in the matter of
Shaheen Abdullah versus Union of India, W.P. (C) No. 940/2022 and
connected matters / applications and take preventive action in
respect of hate speech;
And
In light of the past incidents of communal hate speech and calls for
violence issued at the rallies/public events including Hindu Jan
Akrosh Morcha organised by the Sakal Hindu Samaj and its
constituent/associate organisations in Maharashtra, ensure that
similar rallies / public events conducted by the same groups are not
allowed to take place in future;
And
Ensure that no hateful and inciteful speech against minorities is
permitted and immediate criminal action is initiated against the
perpetrators of hate speech.
Dear Sir,
We, People’s Union for Civil Liberties, are impleaded in the matter of Shaheen Abdullah
versus Union of India, W.P. (C) No. 940/2022 pending before the Supreme Court of India
pursuant to our intervention being allowed.
PUCL

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We along with other civil society organisations from Mumbai, Maharashtra have jointly written
several letters to you and the chief police officers (Commissioner/SP) of the concerned area,
regarding the hate speech against minorities made at rallies/public events including Hindu Jan
Akrosh Morcha organised by the Sakal Hindu Samaj and its constituent/associate organisations
in Maharashtra, pursuant to the order dated 3rd
February 2023 passed by the Supreme Court.
These include the letters dated 4th
February 2023, 8th
February 2023, 10th
February 2023, 11th
February 2023, 16th
February 2023 and 10th
April 2023 whereby we inter alia called upon you
to ensure that preventive measures are taken given the past antecedents of hatemongering and
spreading of communal hatred at the aforesaid rallies/public events organized by Sakal Hindu
Samaj and its constituent/associate organisations and also to take immediate action against hate
speech. Till date we have not received a single reply to our multiple letters.
Meanwhile, the rallies and public events have been allowed to be conducted by the same
perpetrator organisations and individuals. Overwhelming number of incidences of hate speech
against Muslims have been reported from rallies under the banner of Hindu Jan Akrosh Morcha
and other public events organised by Sakal Hindu Samaj, an umbrella organisation of several
Hindutva organisations such as Hindu Janajagruti Samiti, Shiv Pratishthan and Sanatan
Sanstha and such other outfits in districts across Maharashtra since November 2022. These
rallies are filled with false and divisive narratives and calls to violence against Muslims. From
the conduct of the Sakal Hindu Samaj it is very obvious that they are trying to inflame
communal tensions.
However no concrete action is being taken in respect of the direct and vicious hate speech being
made at these rallies against Muslims including the goading of the public to violence, telling
them to take the law into their hands. Also, no steps have been taken towards preventing these
rallies from taking place and denying permissions to these organisations and individuals
repeatedly indulging in hate speech, inspite of their track record of communal hate speech and
incitement of violence. As a consequence, the rallies /events are continuing to be conducted
unabated on a high frequency i.e. on a weekly basis and even multiple times in a week. As
these rallies are allowed to take place and spread to all the districts in the state, there is a serious
threat to the law and order in the state and such vitriolic hate speech could even spark
communal violence.
As you are aware, the incidences of hate speech at these rallies in Maharashtra was reported in
the ongoing matter on hate speech before the Supreme Court, being Saheen Abdullah versus
Union of India, W.P. (C) No.940/2022 and you amongst others were impleaded as a party
Respondent. Taking note of the hate speech at these rallies, the Supreme Court was pleased to
issue directions in applications filed by the Petitioner in the matter seeking reliefs towards
preventing hate speech at proposed rallies / meetings.
The relevant portions of the order dated 13th
January, 2023 passed by the Supreme Court are
extracted herein below.
“Additional Respondents shall 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

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taken to register cases even if no complaint is forthcoming and proceed
against the offenders in accordance with law. Additional Respondents
will therefore issue direction(s) to their subordinates so that appropriate
action in law will be taken at the earliest.
We make it clear that any hesitation to act in accordance with this
direction will be viewed as contempt of this Court and appropriate action
will be taken against the erring officers.
We further make it clear that such action will be taken irrespective of the
religion that the maker of the speech or the person who commit such act
belongs to, so that the secular character of Bharat as is envisaged by the
Preamble, is preserved and protected.”
Pursuant to the same, the Supreme Court passed the order dated 3rd
Feb, 2023 in respect of the
rally held on 29th
January 2023 in Shivaji Park, Mumbai and a proposed meeting on 5th
February 2023, relevant portions of which are extracted herein below.
“We record the submission of Mr. Tushar Mehta, learned Solicitor
General appearing on behalf of the Respondent-State of Maharashtra
that if permission is applied by Sakal Hindu Samaj for holding
contemplated meeting on 05.02.2023 and if permission is granted it will
be subject to the condition that nobody will make any hate speech and in
defiance of law or disturbing the public order. ..
We also direct that the Officer(s), in case, permission is granted and, in
case, the occasion arises for invoking the power under Section 151 of
Cr.P.C. as aforesaid, it shall be the duty of the Officer(s) concerned to
invoke the said power and to act as per the mandate of Section 151 of the
Cr.P.C. ..
Accordingly, we direct that the Police Inspector of the area in question
will conduct videography of the meeting in question and it shall be made
available to this Court on the next date of hearing. ..
Mr. Tushar Mehta, learned Solicitor General appearing on behalf of the
Respondent-State of Maharashtra also to get instructions in regard to
the allegation made about what has happened in the conduct of previous
meeting which took place at the instance of very same organization.”
Owing to the repeated inaction and failure on your part to take action on the several letters
issued by us and to inter alia (a) take any preventive action against hate speech, (b) refuse
permission to the perpetrator organisations and individuals being repeat offenders of hate
speech and (c) prosecute hate speech, we filed an intervention application before the Supreme
Court to place on record the facts and evidences of hate speech being conducted with impunity
in Maharashtra and inaction by the authorities. On 28th
April 2023, when the subject matter
and other connected matters / applications came up before the Supreme Court for hearing, the
Supreme Court was pleased to allow all intervention applications, including ours. The Supreme

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Court was further pleased to pass the following directions vide its order dated 28th
April 2023.
The matters are now placed for further consideration on 12th
May 2023 before the Supreme
Court.
“Respondent Nos. 9 to 36 shall 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 motu action will be
taken to register cases even if no complaint is forthcoming and proceed
against the offenders in accordance with law.
Respondent Nos.9 to 36 will therefore issue direction(s) to their
subordinates so that appropriate action in law will be taken at the
earliest. We make it clear that any hesitation to act in accordance with
this direction will be viewed as contempt of this Court and appropriate
action will be taken against the erring officers.
We further make it clear that such action will be taken irrespective of the
religion that the maker of the speech or the person who commits such
act may profess, so that the secular character of India, that is, Bharat as
is envisaged by the Preamble, is preserved and protected.”
From the aforesaid, it is clear and apparent that the Supreme Court of India has issued repeated
directions to yourself to take suo moto action in respect of hate speech by registering criminal
cases under sections 153A, 153B and 295A and 505 of the IPC. The Supreme Court has further
stated in its order that failure to comply with the directions will be viewed as contempt of the
court. While it has been reported that some FIRs have been filed, details of the FIRs and status
of investigation being carried out are not available and no action is being taken against the
perpetrators, speakers as well as organisers of the rallies and public events. Not a single arrest
has been made so far inspite of the perpetrators being identified, many having indulged in
repeated instances of hate speech. We understand that contempt proceedings have also been
initiated against you in light of your repeated inaction and non-compliance with the orders of
the Supreme Court.
Further, the Supreme Court has also directed on prior occasion that preventive action be taken
against hate speech, including by taking preventive action under Section 151 of the CrPC and
granting permission only subject to condition that nobody will make any hate speech and in
defiance of law or disturbing the public order. However, inspite of the same, rallies and events
by the same organisers and individuals indulging in hate speech have been allowed to take
place, inspite of known instances of hate speech at prior rallies and posters indicating hate
content being released prior to the rallies.
We accordingly call upon you to forthwith inform us what action has been taken in respect of
the incidents of hate speech arising out of the rallies/events, including but not limited to the
Hindu Jan Akrosh Morcha, organized by Sakal Hindu Samaj and/or its constituent/associate
organisations in implementation of the directions passed by the Supreme Court in the orders
dated 13th
January 2023, 3rd
February 2023 and 28th
April 2023 and the relevant provisions of
law. Vide our intervention application filed before the Supreme Court (Attached hereto as

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Annexure) we have listed out several instances of hate speech at rallies/events organized by
Sakal Hindu Samaj and/or its constituent/associate organisations after passing of the orders
dated 13th
January 2023 and 3rd
February 2023. We call upon you to forthwith inform us what
action has been taken in respect of the incidences of hate speech listed out in our intervention
application.
We further call upon you to strictly implement the aforesaid Supreme Court orders in letter
and spirit and to prosecute the incidences of hate speech listed in our application and arrest the
known perpetrators at the earliest. We also call upon you to ensure investigation and
prosecution of all the incidents of communal hate speech made at all the earlier rallies and
public events organized by the above organisations in Maharashtra and take all measures to
ensure that such incidents do not occur in the future. Needless to state that your failure to take
action in accordance with law would invite contempt proceedings for your non-compliance of
court orders. We shall also be placing this letter and further evidence of continuing hate speech,
on record before the Supreme Court on the next date i.e. 12th
May 2023.
We request your urgent action on this, to ensure that the agenda of vested interests to further
communal hate and violence are not allowed to succeed in our beloved state of Maharashtra.
Yours sincerely,
For People’s Union for Civil Liberties,
Maharashtra Unit
People’s Union for Civil Liberties, National Office
270-A, Patpar Ganj, Opposite Anand Lok Apartments, Mayur Vihar I, Delhi 110 091
Phone 2275 0014 PP FAX 4215 1459
Founder: Jayaprakash Narayan; Founding President: V M Tarkunde
President: Kavita Srivastava; General Secretary: Dr. V. Suresh
E.mail: puclnat@gmail.com & pucl.natgensec@gmail.com
Website : www.pucl.org