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India: Appeal to Supreme Court against Hate Speech by persons currently in powerful constitutional positions within the Union government.

Saturday 5 March 2016, by siawi3


Citizens Appeal to the SC for Suo Motu Action against Hate Speech

Published on: March 04, 2016

Former judges and IPS officers, jurists, scientists and businessmen – a
list that includes Justice PB Sawant and Julio Ribeiro — have in a fervent
appeal to the Chief Justice and all other Judges of the Supreme Court of
India urged suo motu constitutional action on the issue of alarming and
threatening statements being made by persons currently in powerful
constitutional positions within the Union government.

Quoting from the shocking and brazen speech made by Ram Shankar Katheriya,
Union minister of state for human resources development (MHRD) in Agra as
reported in the Indian Express on February 29, 2016, the representation
also includes references to other shocking instances of hate speech from
minister and elected representatives of the present government at the

Stating that India was being pushed to the brink by such statements, the
signatories have urged that the Supreme Court set up a Permanent and
Sitting Commission to monitor and oversee (video tape, record and document)
all such meetings happening to prevent a situation of hate driven
provocation and attacks on marginalised sections.

***Justice PB Sawant former judge of the Supreme Court of India and
chairperson of the Press Council of India heads the list that also includes
Julio Ribeiro, former director general of police, Punjab and ambassador to
Romania. The other prominent signatories include Justice (retired) Rajinder
Sachar, Justice (retired) BG Kolse Patil, Justice (retired) Hosbet Suresh,
Iqbal Chagla (senior counsel), Cyrus Guzder (businessman), PM Bhargava
(scientist), Dr Syed Zafar Mahmood (President, Zakat Foundation of India),
Reverend Fr Dr Packiam T Samuel, Nandan Maluste (financial analyst), Janak
Dwarkadas (senior counsel), Navroz H Seervai (senior counsel), Anil Dharker
(senior journalist) and, IM Kadri (architect) and SM Mushrif (former
inspector general of police).*** [Emphasis added.]

The letter was submitted to the Supreme Court of India today. A similar
appeal has also been made to the President of India, Pranab Mukherjee.

*The letter also states that*:

These statements have caused fear and insecurity among India’s citizens,
the marginalized sections, especially minorities, Dalits and Adivasis.

The signatories have annexed here a news report titled “Muslims warned of
‘final battle", where in the presence of a minister of state in the central
government and a member of parliament (MP) of the ruling party, Muslims
were equated to “demons” and “descendants of Ravana”, and were warned of a
“final battle”.

Speakers reportedly urged Hindus to “corner Muslims and destroy the demons
(rakshas)”, while declaring that “all preparations” had been made to effect
“badla (revenge)” before the 13th-day death rituals for Mahaur. “Human
skulls would be offered to his martyrdom,” VHP district secretary Ashok
Lavania, who has been jailed earlier for assaults on Muslims, reportedly

Talking about the coming Assembly elections in Uttar Pradesh, BJP MLA Jagan
Prasad Garg reportedly told the crowd, “You will have to fire bullets, you
will have to take up rifles, you will have to wield knives. Elections are
approaching in 2017, begin showing your strength from now onwards.” The
5,000-odd crowd chanted slogans such as “Jis Hindu ka khoon na khaule,
khoon nahin wo pani hai (Any Hindu whose blood does not boil isn’t Hindu

MP Babulal reportedly urged an open fight with Muslims, and said: “Don’t
try to test us… We will not tolerate insults to the community. We do not
want unrest at any cost, but if you want to test Hindus, then let’s decide
a date and take on Muslims.”

Agra’s BJP leader Kundanika Sharma reportedly said, "We want the heads of
these traitors, the killers of Arun Mahaur,”. “This is not the time to sit
quiet. Chhapa maaro, burqa pehno, lekin inhen gher-gher kar le aao. Ek sar
ke badle dus sar kaat lo" (Raid them, wear burqas, but corner them. Behead
ten in revenge for one head).”

VHP district secretary Ashok Lavania reportedly said, “Ultimately it
becomes an act of the society. Once people are galvanised, no question
would be raised at all. In cases like Ram Janmbhoomi, Muzaffarnagar, the
party had disappeared. But it is certain that revenge will be taken before
the terahvin (13th day) is over. Khoon ka badla khoon (Blood for blood).
Action will obviously be in Mantola area (where Mahaur was killed), but
also across Agra. Wherever Hindus are in majority, it will happen. We are
fully prepared. If they retaliate, then it will be a mahasangram,
Mahabharat. The final battle.”

“During Kali worship, narmund (human skulls) are offered after beheading
demons. Before his terhavin, the Hindu community will perform a similar act
and offer these narmunds. I am confident,” Lavania said.VHP leader Surendra
Jain reportedly claimed they would now dispense their own justice, and
asked his members to form Gau Raksha Samitis (cow protection units) in
every village and asked the administration to “not thwart their efforts as
they are doing the administration’s work”. “If anyone, even the IG here,
has any doubt about the law, they can approach me. I will show them the
clauses of the IPC that say if you (police) do not perform your duty then
common citizens can take law in their own hands.”

Jagmohan Chahar, the Bajrang Dal district coordinator, reportedly dared
Muslims “to come out in the open”.

The fact that this report in The Indian Express refers to an upcoming
election in the state of Uttar Pradesh (2017) and elections in several
states this year, bodes ill for social harmony and peace.

The fundamental rights of the people under Article 14, 19, 21 and 25 of the
Indian Constitution need to be protected.

*The Letter urges that the Hon’ble Supreme takes suo motu notice of this
and issues strict directions that protect the fundamental rights of all

1. The minister, the MP, the MLA and all other culprits need to be punished
for violating their constitutional duty under Article 51A(e) to promote
harmony and the spirit of common brotherhood amongst all the people of
India transcending religious diversities.

2. The offenders need to be proceeded against under Sections 124A, 153A,
153B, 292, 293, 295A, 505 of the Indian Penal Code.

3, The letter also urges that the Hon’ble Supreme Court that a Permanent
and Sitting Commission be appointed to monitor and oversee (video tape,
record and document) all such meetings happening to prevent a situation of
hate driven provocation and attacks on marginalized sections. Our country
is being pushed to the brink with these kinds of statements, The
representations were submitted today, Friday, march 4, 2016. The other
references included in the representation include:

Other references to hate speeches were submitted in a CD to the Supreme
Court of India:

1. MOS, HRD Katheria, warned of ‘final battle’ at Sangh meet. Katheria
says, "We’ve to show our strength." BJP MP, MLAs also present at meet;
Muslims called “traitors”, “demons”, Hindus told to pick up “guns” for poll.

2. MOS External Affairs VK Singh: "If somebody throws a stone at a dog,
then the government is responsible?.” The retired general and Union
minister said this in response to the murder of two Dalit children in
Faridabad; November, 2015.

3. MOS Sadhvi Niranjan Jyoti, at a public rally during Delhi elections,
December 2014: “People of Delhi have to decide whether they want a
government of Ramzaadas (followers of Ram) or haraamzaadas”;

4. BJP MP, Yogi Adityanath, at a public meeting against alleged the ‘Love
Jihad’ of Muslims, August 2014. “If they take one Hindu girl, we will take
at least 100 Muslim girls. If they kill one Hindu, we will kill 100

5. MOS Giriraj Singh: “Those opposed to Modi should go to Pakistan”;

6. BJP MP, Sakshi Maharaj, September 2014: “Education of terrorism is being
given in madrassas. They (madrassas)… are making them terrorists and
jihadis….It is not in national interest”;
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7. BJP president, Amit Shah, at an election rally in Bihar, October 2015:
“If BJP loses Bihar elections, crackers will be burst in Pakistan”

8. MOS for parliamentary affairs, Mukhtar Abbas Naqvi, during a TV
programme; May 2015, “All those who desperately want to eat beef should go
to Pakistan”.

9. RSS chief, Mohan Bhagwat, , at the golden jubilee celebration of VHP in
Mumbai, August 2014: “Hindustan is a Hindu nation…Hindutva is the identity
of our nation and it (Hinduism) can incorporate others (religions) in