The Supreme Court in the case Tushar Gandhi v. Rakesh Asthana And Anr observed and has disposed the contempt plea filed by one activist Tushar Gandhi against the Delhi Police for its alleged inaction in the hate speech case over the Hindu Yuva Vahini event which is being organised under the leadership of Suresh Chavhanke, the editor of Sudarshan News TV in Delhi in December 2021.
In the present case, the contempt plea was filed by the Delhi Police, wherein violating the guidelines set out in Tehseen Poonawalla case. Therefore, as per the judgement of the court, there being a requirement to the Police for filing the FIR and chargesheet in a timely manner against calls for mob violence.
The counsel, Additional Solicitor General KM Nataraj appearing for the Delhi Police submitted before the bench that in the said case, the investigation had been concluded and the chargesheet has been submitted to the court of Metropolitan Magistrate, Saket, Delhi. Thus, the bench noted that the same would not be appropriate to pursue contempt case.
The bench comprising of CJI DY Chandrachud and Justice JB Pardiwala stated in its order stated that it may be recalled that the stand taken by the Delhi Police initially was that the speeches which are being made during the event of Hindu Yuva Vahini and the same did not amount to any offence. Thus, the Delhi Police while responding to another petition seeking action against the hate speech crimes stated in an affidavit filed that no hate speech was given against any community. The Supreme Court in the case also expressed the dissatisfaction with this stand of the Delhi Police and called for a better affidavit which is to be filed by a senior officer. Further, the FIR was also registered by the Delhi Police in May, 2022.
The bench headed by CJI DY Chandrachud had questioned the delay caused by Delhi Police in the investigation of the case in January.
Accordingly, the court disposed of the plea.
