The Supreme Court on Tuesday pulled up the Uttarakhand government over the Dharma Sansad events and asked the Chief Secretary to place on record that no untoward statement will be made at the upcoming event in Roorkee. A three-judge bench headed by Justice AM Khanwilkar said that it will hold top officials responsible in case of any hate speech being made at Wednesday's event.
The bench also comprising Justices Abhay S Oka and CT Ravikumar said told the Uttarakhand government that the Chief Secretary would be asked to appear before it if the state failed to take preventive steps.
"We will hold the chief secretary, home secretary, IG concerned responsible if any untoward situation happens despite your assurance! We are putting it on record," the court said as it voiced concern that incidents of hate speeches keep occurring in the country despite the apex court guidelines on preventive measures to be taken by government authorities.
"We direct the chief secretary of Uttarakhand to place the above position on record and apprise us about the corrective measures," the bench said.
The Uttarakhand government said that authorities are confident that no untoward statement will be made during the event and that all steps as per decisions of this court will be taken.
Senior advocate Kapil Sibal, appearing for the petitioner in the matter relating to the Dharam Sansad at Himachal Pradesh, said that dharam sansads are being held at every other other place from time to time. "This was held in Una, Himachal Pradesh. This is very shocking. I will not even read it publicly."
The top court then told the Himachal Pradesh government that it has to follow the guidelines already in place.
"Are you following them or not, you have to answer. If not, then you have to take corrective measures," the bench said.
Counsel representing the Himachal Pradesh government said that preventive measures have been taken. The counsel mentioned that the state had issued a notice under Section 64 of the Police Act to ensure there is no such issue.
"You have to stop activity, and not just investigation. File an affidavit disclosing what steps you have taken to prevent it and thereafter," the bench said. "These incidents don't happen suddenly. Such events are announced well in advance. The local police has to get into action immediately. You file an affidavit explaining those steps. Did you spring into action immediately or not?" the bench said while directing the state home secretary to file an affidavit.
The top court was hearing a petition filed by journalist Qurban Ali and former Patna High Court judge and senior advocate Anjana Prakash, who have also sought a direction for an "independent, credible and impartial investigation" by an SIT into incidents of hate speeches against the Muslim community.
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