[Hate Speech Case] Apex Court Issues Notice To The State Of Uttarakhand On The Bail Plea Filed By Waseem Rizvi(now Jitender Narayan Tiyagi)
(Judicial Quest News Network)
The Apex Court today issued notice to the State of Uttarakhand in Waseem Rizvi’s (now Jitender Narayan Tiyagi) bail plea.
The court has instructed to live together and peacefully, enjoy life.
A bench of Justices Ajay Rastogi and Vikram Nath said that such speeches were spoiling the atmosphere. Urging people to live together harmoniously, the Bench said.
“Stay together peacefully, enjoy life.”
Tyagi the former Chairperson of the Shia Waqf Board, a post held by him for over a decade and till last year.
He was arrested in Haridwar for allegedly making provocative speeches against Muslims at a Dharam Sansad from December 17 to 19 2021, it was the first arrest in the Dharam Sanasad hate speech case.
When the matter came up for the hearing today the top court asked what is Dharam Sanasad?
Senior Advocate Sidharth Luthra , appearing for Tyagi, informed the court that since he (Luthra) is a follower of the Arya Samaj, he could only guess from the videos of the event and as per the same, people wearing saffron colour clothes were delivering the speeches.
Rizvi was booked under section 153, IPC-A (Promoting enmity between different groups on grounds of religion, etc. among other sections for their alleged hate speeches at Dharam Sansad.
Earlier on March 8, the Uttarakhand High Court had refused to release Tyagi on bail; Sidharath Luthra argued that on March, 6 the charge sheet was filed in the lower court in the case. In such a situation there is no need to keep the accused in custody now. He further submitted that his client has health problems. He is troubled by the chest pain.
The bench sought to know what the maximum punishment was in the case filed against Tyagi. Luthra said that the maximum sentence was three years.
The Bench also inquired whether further investigation would be needed since the case had already been filed. The complainant’s counsel Nadeem Ali opposed the bail application, statin Tyagi was trying to send out a message that he is not afraid of the law.” These people are not worried about the law. This accused has delivered provocative speeches much time in the past.
The Bench inquired whether any lawyer on behalf of the Uttarakhand Government was present in the court. We are issuing notice in the matter. A lawyer on behalf of the State accepted the notice. Justice Rohatgi reiterated once again that the need for investigation by keeping the accused in custody in the case no longer appears.
The Application was argued by Senior Advocates Sidharth Luthra, Garav Bhatia, assisted by Advocates Bharat Monga, Pankaj Singhal
After this, the court fixed the next date of hearing on May, 17.
