Hate Crimes Against Muslims: JUH Moves Apex Court Seeking Court Monitored Investigation, Prosecution

(Judicial Quest News Network)

Jamit-e- Ulema-e-Hind (JUH), a socio-religious organisation on Indian Muslims, has moved Apex Court of India Seeking action against various instances of hate speeches across the country against Muslims.

Maulana Mehmood madani, a religious scholar and social activist, are the petitioners.

In the Petition, it has been submitted that insulting Prophet Mohammad (PBUH) is akin to attacking the very foundation of Islam. It has been further submitted that such speeches go beyond the limits of a permitted critical denial of another’s beliefs, and are certainly likely to incite religious intolerance, and the State and Central Government authorities ought to consider the same to be incompatible with respect for the freedom of thought, conscience and religion and must take proportionate restrictive measures.

In this regard, the plea highlighted various instances including the recent Gurugram Namaz incident in which right wing groups prevented Muslims from offering Namaz at Designated public in Gurugram.

The petition alleges that recent controversial remarks against Muslim Community made by Yati Narasinghanand Saraswati, alleged anti-Muslim slogans made at a rally at Jantar Mantar in August 2021,

It has been pointed out in the Petition that such speeches destroy the secular fabric of our nation which also forms the part of the basic structure of our Constitution.

The Petition emphasizes that the State machinery, bound by the Constitution, ought to have an adversarial relationship with the proponents of such speeches and must take adequate remedial and preventive steps to prevent the same.

However, even after a considerable amount of time, the state authorities have completely failed to uphold their duties in this regard.

It is also mentioned in the petition that the Uttar Pradesh Police had arrested 100 Youths belonging to Muslim Community agitating against the hate speech delivered by Yati Narasinghanand.

It is also pertinent to mention here that recently 76 Lawyers have written a letter to Chief Justice of India seeking a sou motto cognizance against the Haridwar conclave where genocidal calls were made against Muslims.

Explaining that the police authorities did not take any action against the instances of anti-Muslim hate speeches, the petitioners voice concerns about law enforcement agencies “succumbing to non-state actors” and failing to protect the rights of the minorities.

The Petitioners also mention of other steps already taken by them such as lodging appropriate complaints before the Police authorities. However, against many other communally sensitive speeches the Police has not at all registered FIRs.

It is mentioned in the Petition that through these hate speeches, specifically when made against the religious personalities like Prophet Mohammad (PBUH) and Muslim community at large, the diversity of the country and peaceful co-existence of the followers of different religious beliefs comes under serious threat. The Petition further highlights how in view of the continuous attacks on the Muslim community at large, many violent acts have taken place in which many precious lives have been lost mostly of the people belonging to the weaker section of the society, majority of them belonging to the Muslim community.

The above facts simply go on to demonstrate that through provocative and derogatory speeches on India citizenry, a religious community is attacked in order to compel them to abandon their religious practices. It is not a matter to be left to administrative process in the country without holding them accountable. A considered judicial intervention of the Constitutional Court, by invoking under public law remedy, is required considering the present circumstances.

The petition drawn and filed by Advocate M.R. Shamshad Advocate Niaz Ahmed Farooqui places reliance upon the judgement of the Supreme Courtin Tehseen Poonawala Vs Union of India, where the Supreme Court passed elaborate directions to deal with mob crimes and Lynching. The petition also refers to the Lalitha Kumari case, which held that police have the mandatory duty to register FIR whena cognizance offence is revealed.

The Petition prays for report from the Central Government in relation to the action taken by different state mechanism in relation to the hate speeches, more particularly targeting the personality of Prophet Mohammad (PBUH), in the light of mandatory direction passed in the case of Tehseen Poonawal v Union of India. It further prays for an independent committee for compiling all the complaints relating to hate crime in the country and for court monitored investigation and prosecution of the hate crimes.