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New Delhi: The Supreme Court on Wednesday directed the administrations of Chhattisgarh’s Raipur and Maharashtra’s Yavatmal districts to remain “cautious” and prevent any incitement of violence or hate speech ahead of two events organised by Hindu Janjagruti Samiti and Bharatiya Janata Party (BJP) legislator T Raja Singh.

The Court ordered the district administrations to take all possible steps, including the installation of CCTV at the venue of rallies to identify the perpetrators of hate speeches.
“We require the authorities to be cautious of the fact that no incitement for violence or hate speech is permitted,” a bench of justices Sanjiv Khanna and Dipankar Datta said.
“Police will install CCTV cameras with recording facility so that in case anything occurs, the perpetrators can be booked,” the bench said.
The Court was hearing an application filed by one Shaheen Abdullah seeking orders to stop the event organised by the Hindu Janjagruti Samiti in Yavatmal on January 18 and a series of rallies by BJP MLA from Telangana Raja Singh in Raipur from January 19 to 25.
The application produced past speeches given by Singh and at events organised by the Samiti openly inciting violence against a certain community.
The court further directed the district magistrate and superintendent of police of Yavatmal and Raipur to take notice of the allegations and take appropriate action as advised and required.
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Noting that a few speeches delivered by Singh previously were “certainly objectionable,” it said that no pre-emptive action can be taken for his future speeches.
“Certainly the statements are objectionable….in view of the assertions made, we direct the district magistrate and superintendent of police of Yavatmal, Raipur to take notice of the allegations and take appropriate action as advised and required,” the bench said.
“Police will install CCTV cameras with recording facility so that in case anything occurs, the perpetrators can be booked,” said the court.
Senior advocate Kapil Sibal appearing for the applicant along with advocate Nizam Pasha pointed out that Singh and the Samiti are “repeat offenders” who have made similar speeches at various events across many states but no preventive action is taken to restrain them.
The application sought to withdraw the permission granted for the two events considering their track record.
The bench, however, refused to pass any restraint order against the programme saying that neither the Samiti nor the BJP legislator was a party in the application or the petition filed seeking curbs on hate speeches.
“There cannot be pre-emptive orders passed. It is for the concerned government in the state to decide any action against him,” the bench told Sibal.
The Court noted that last year in Haryana’s Nuh district when similar allegations of hate speech were made, orders were passed to authorities to install CCTVs and record speeches to ensure the past orders of the top court are made effective.
“Guidelines are there but we want to strengthen them. At one time when we passed orders (concerning Nuh violence), it did have its impact and it (hate speeches) did stop,” the bench said.
Abdullah’s application said: “All speeches that are delivered by the said speaker (Singh) under the pretext of establishing a Hindu Rashtra, necessarily involve the vilification of, calls for violence against and boycott of Muslims.” The latest alleged hate speech by Raja was at Solapur on January 6.
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It accused the Samiti of organising events where speeches are delivered “openly demonising Muslims and calling for their boycott” and running a website that demeans and vilifies minorities. It complained that the police do not act against them.
“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 been issued by this court.”
The Supreme Court has directed authorities to register criminal cases against persons indulging in hate speeches without waiting for a formal complaint to be lodged.
In 2018, the Supreme Court ordered states and union territories to appoint nodal officers responsible for preventing hate crimes and registering offences.
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