The Evening Wrap: Don’t wait for complaints to act against hate speech, Supreme Court tells police

The Supreme Court on October 21 said it is “tragic what we have reduced religion to” in the 21st century and a “climate of hate prevails in the country” while directing police and authorities to immediately and suo motu register cases against hate speech makers without waiting for a complaint to be filed. A Bench of Justices K.M. Joseph and Hrishikesh Roy ordered that any “hesitation” to comply with the direction would attract the proceedings for contempt of the Supreme Court against the erring officers. The court directed that FIRs should be registered and criminal proceedings initiated against the makers of hate speech “irrespective of their religion so that the secular character of the country is preserved”. The interim directions were primarily for the benefit of the police of Delhi, Uttar Pradesh and Uttarakhand. “We are deeply, deeply obliged,” senior advocate Kapil Sibal, appearing for petitioner Shaheen Abdulla, reacted to the order. “We are doing far too little,” Justice Joseph replied. “At least somebody has listened,” Sibal said. “We have to… it is our duty. If we don’t, it is plain abdication of duty, nothing else to that… Otherwise, what will happen after sometime,” Justice Joseph told Sibal. The Bench heard the case beyond court hours and ensured that the order was ready and read out loudly in open court. The petitioner had highlighted the rising incidents of hate speeches targeting the Muslim community. The petitioner said the “total inaction” on the part of the police in the three States have given rise to “despondency and angst” within the Muslim community. The petitioner alleged that events organised in Delhi and Haridwar in 2021 hosted hate speeches by leaders who made open calls for the genocide of Muslims. “These events are happening everyday,” Sibal said. The order even highlighted some of the specific provisions of the penal law under which hate speech offenders ought to be booked. These include Sections 153A (promoting enmity between different groups on the ground of religion), 153B (imputations, assertions prejudicial to national integration), 505 (public mischief), 295A (deliberate and malicious acts intended to outrage religious feelings) of the Indian Penal Code. “Where have we reached? What have we reduced religion to? It is tragic… and we speak of scientific temper…” Justice Joseph said after reading out instances of hate speeches and what was said by the speakers. “Very shocking statements have been made in a country that has to be religion neutral,” Justice Roy noted. The court, in its order, said, “The Constitution envisages Bharat as a secular nation and fraternity assuring the dignity of the individual and unity and integrity of the country is one of the guiding principles enshrined in the Preamble”. It said there cannot be fraternity unless members of the different communities and castes were able to live in harmony. “We feel that this court is charged with the duty to protect these fundamental rights and also protect and preserve the constitutional values, in particular the rule of law and secular and democratic character of the nation,” Justice Joseph read out from the order. The court directed that the police heads of the three States should issue directions in compliance with its order to their subordinates so that “appropriate action is taken at the earliest”. Pakistan’s Election Commission disqualifies former PM Imran Khan for five years Pakistan’s Election Commission on October 21, disqualified former Prime Minister Imran Khan for five years in the Toshakhana case for hiding proceeds from the sale of gifts he received from foreign leaders. After the ruling, the Pakistan Tehreek-e-Insaf (PTI) chairman cannot become a member of the parliament for five years. The ruling coalition government lawmakers had filed a case with the Election Commission of Pakistan (ECP) in August against 70-year-old Khan seeking his disqualification for failing to reveal the proceeds from the sale of gifts that he purchased at a discounted price from the state repository, also called Toshakhana. The ECP after hearing the case had reserved its judgment on September 19 on the conclusion of the proceedings. The four-member bench of the ECP, headed by Chief Election Commissioner (CEC) Sikander Sultan Raja, on Friday unanimously ruled that Khan was involved in corrupt practices and was disqualified as a member of the parliament. The ECP also announced that action would be taken against him under the corrupt practices laws. Asad Umar, Secretary General of Khan’s party, announced that the decision would be challenged in the Islamabad High Court. Fawad Chaudhry, another PTI leader, rejected the verdict and asked Khan’s followers to stage protests. Khan, who came to power in 2018, apparently received expensive gifts from rich Arab rulers during official visits, which were deposited in the Toshakhana. Later he bought the same at a discounted price as per the relevant laws and sold the same at hefty profits. Though morally apprehensive for rulers like Khan, who always takes a high moral ground and leaves no occasion to castigate his opponents as “corrupt”, the purchase and sale were legally allowed. The former premier informed the ECP during the hearing that the sale of the gifts that he had procured from the state treasury after paying ₹21.56 million fetched about ₹58 million. The gifts, among others, included a Graff wristwatch, a pair of cufflinks, an expensive pen, a ring and four Rolex watches. According to his opponents, Khan failed to show the sales in the income tax returns, making him liable. The case filed with the ECP seeks his disqualification under Articles 62 and 63 of the Constitution which suggests disqualification if someone is not truthful. Established in 1974, the Toshakhana is a department under the administrative control of the Cabinet Division and stores precious gifts given to rulers, parliamentarians, bureaucrats, and officials by heads of other governments and states and foreign dignitaries. Meanwhile, clashes between Pakistan Tehreek-e-Insaf (PTI) workers and police led to violent unrest in the country. Violence erupted soon after the police contingents confronted PTI workers after the election body announced the verdict, reported ARY News. The PTI workers have blocked roads and streets to protest. According to local media, the workers have set ablaze tyres and blocked traffic in Islamabad, Rawalpindi and other cities of Pakistan. The agitators also raised slogans against PTI Chairman Imran Khan’s disqualification. Supreme Court allows to inspect medical reports of treatment to jailed activist Gautam Navlakha The Supreme Court on October 21 allowed parties on the side of jailed activist Gautam Navlakha to inspect the medical reports of his treatment at Jaslok Hospital where he is being taken for consultations. A Bench led by Justice K.M. Joseph scheduled the case for further hearing on November 9. Navlakha had approached the court with a plea to shift him from Taloja Jail to house arrest in medical grounds. On September 29, the court had ordered Navlakha, arrested in 2018 in the Bhima Koregaon case, to be taken immediately to a hospital of his choice for thorough medical treatment. The Bench had ordered the Superintendent, Taloja Central Prison, Navi Mumbai, to take the petitioner immediately to the Jaslok Hospital, Mumbai (Navlakha's choice of hospital) for medical check-up and treatment. Navlakha, the court had said, would remain in police custody during his stay at the hospital. “We further direct that Sahba Husain (partner of the petitioner) and Mridula Kothari (sister of the petitioner) alone will be permitted to interact with the petitioner in the hospital which we permit as per the rules of the hospital. The hospital authority will send up the report to this court by the next date of hearing,” the court order had said. ED attaches 7 properties of gangster-turned-politician Mukhtar Ansari in PMLA case The Enforcement Directorate (ED) on October 21 said it has attached seven immovable assets of gangster-turned-politician Mukhtar Ansari as part of a money-laundering investigation against him and his family. The properties, provisionally attached under the Prevention of Money Laundering Act (PMLA), are worth ₹1.48 crore (registry value) while their circle rate at the time of registration was ₹3.42 crore, the federal agency said in a statement. Ansari, a five-time former MLA, is currently lodged in a jail at Banda in Uttar Pradesh. The 59-year-old was questioned by the ED in this case last year. The agency in August had also raided the official residence of his elder brother and BSP MP Afzal Ansari in Delhi and some locations in the Ghazipur district of Uttar Pradesh. In Brief: A special Central Bureau of Investigation (CBI) court on October 21 refused to grant bail to former Maharashtra Home Minister Anil Deshmukh in a corruption case of ₹100 crore in the year 2021. Deshmukh was arrested on November 2, 2021 and has been lodged at Arthur Road jail since then. In July 2022, the special CBI court had also rejected the Nationalist Congress Party leader’s default bail in the case. Evening Wrap will return tomorrow [logo] The Evening Wrap 21 OCTOBER 2022 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( Don’t wait for complaints to act against hate speech, Supreme Court tells police The Supreme Court on October 21 said it is “tragic what we have reduced religion to” in the 21st century and a “climate of hate prevails in the country” while [directing police and authorities to immediately and suo motu register cases against hate speech makers]( without waiting for a complaint to be filed. A Bench of Justices K.M. Joseph and Hrishikesh Roy ordered that any “hesitation” to comply with the direction would attract the proceedings for contempt of the Supreme Court against the erring officers. The court directed that FIRs should be registered and criminal proceedings initiated against the makers of hate speech “irrespective of their religion so that the secular character of the country is preserved”. The interim directions were primarily for the benefit of the police of Delhi, Uttar Pradesh and Uttarakhand. “We are deeply, deeply obliged,” senior advocate Kapil Sibal, appearing for petitioner Shaheen Abdulla, reacted to the order. “We are doing far too little,” Justice Joseph replied. “At least somebody has listened,” Sibal said. “We have to… it is our duty. If we don’t, it is plain abdication of duty, nothing else to that… Otherwise, what will happen after sometime,” Justice Joseph told Sibal. The Bench heard the case beyond court hours and ensured that the order was ready and read out loudly in open court. The petitioner had highlighted the rising incidents of hate speeches targeting the Muslim community. The petitioner said the “total inaction” on the part of the police in the three States have given rise to “despondency and angst” within the Muslim community. The petitioner alleged that events organised in Delhi and Haridwar in 2021 hosted hate speeches by leaders who made open calls for the genocide of Muslims. “These events are happening everyday,” Sibal said. The order even highlighted some of the specific provisions of the penal law under which hate speech offenders ought to be booked. These include Sections 153A (promoting enmity between different groups on the ground of religion), 153B (imputations, assertions prejudicial to national integration), 505 (public mischief), 295A (deliberate and malicious acts intended to outrage religious feelings) of the Indian Penal Code. “Where have we reached? What have we reduced religion to? It is tragic… and we speak of scientific temper…” Justice Joseph said after reading out instances of hate speeches and what was said by the speakers. “Very shocking statements have been made in a country that has to be religion neutral,” Justice Roy noted. The court, in its order, said, “The Constitution envisages Bharat as a secular nation and fraternity assuring the dignity of the individual and unity and integrity of the country is one of the guiding principles enshrined in the Preamble”. It said there cannot be fraternity unless members of the different communities and castes were able to live in harmony. “We feel that this court is charged with the duty to protect these fundamental rights and also protect and preserve the constitutional values, in particular the rule of law and secular and democratic character of the nation,” Justice Joseph read out from the order. The court directed that the police heads of the three States should issue directions in compliance with its order to their subordinates so that “appropriate action is taken at the earliest”. Pakistan’s Election Commission disqualifies former PM Imran Khan for five years Pakistan’s Election Commission on October 21, [disqualified former Prime Minister Imran Khan for five years]( in the Toshakhana case for hiding proceeds from the sale of gifts he received from foreign leaders. After the ruling, the Pakistan Tehreek-e-Insaf (PTI) chairman cannot become a member of the parliament for five years. The ruling coalition government lawmakers had filed a case with the Election Commission of Pakistan (ECP) in August against 70-year-old Khan seeking his disqualification for failing to reveal the proceeds from the sale of gifts that he purchased at a discounted price from the state repository, also called Toshakhana. The ECP after hearing the case had reserved its judgment on September 19 on the conclusion of the proceedings. The four-member bench of the ECP, headed by Chief Election Commissioner (CEC) Sikander Sultan Raja, on Friday unanimously ruled that Khan was involved in corrupt practices and was disqualified as a member of the parliament. The ECP also announced that action would be taken against him under the corrupt practices laws. Asad Umar, Secretary General of Khan’s party, announced that the decision would be challenged in the Islamabad High Court. Fawad Chaudhry, another PTI leader, rejected the verdict and asked Khan’s followers to stage protests. Khan, who came to power in 2018, apparently received expensive gifts from rich Arab rulers during official visits, which were deposited in the Toshakhana. Later he bought the same at a discounted price as per the relevant laws and sold the same at hefty profits. Though morally apprehensive for rulers like Khan, who always takes a high moral ground and leaves no occasion to castigate his opponents as “corrupt”, the purchase and sale were legally allowed. The former premier informed the ECP during the hearing that the sale of the gifts that he had procured from the state treasury after paying ₹21.56 million fetched about ₹58 million. The gifts, among others, included a Graff wristwatch, a pair of cufflinks, an expensive pen, a ring and four Rolex watches. According to his opponents, Khan failed to show the sales in the income tax returns, making him liable. The case filed with the ECP seeks his disqualification under Articles 62 and 63 of the Constitution which suggests disqualification if someone is not truthful. Established in 1974, the Toshakhana is a department under the administrative control of the Cabinet Division and stores precious gifts given to rulers, parliamentarians, bureaucrats, and officials by heads of other governments and states and foreign dignitaries. Meanwhile, clashes between Pakistan Tehreek-e-Insaf (PTI) workers and police led to violent unrest in the country. Violence erupted soon after the police contingents confronted PTI workers after the election body announced the verdict, reported ARY News. The PTI workers have blocked roads and streets to protest. According to local media, the workers have set ablaze tyres and blocked traffic in Islamabad, Rawalpindi and other cities of Pakistan. The agitators also raised slogans against PTI Chairman Imran Khan’s disqualification. Supreme Court allows to inspect medical reports of treatment to jailed activist Gautam Navlakha The Supreme Court on October 21 allowed parties on the side of jailed activist Gautam Navlakha [to inspect the medical reports of his treatment]( at Jaslok Hospital where he is being taken for consultations. A Bench led by Justice K.M. Joseph scheduled the case for further hearing on November 9. Navlakha had approached the court with a plea to shift him from Taloja Jail to house arrest in medical grounds. [Activist Gautam Navlakha. File] On September 29, the court had ordered Navlakha, arrested in 2018 in the Bhima Koregaon case, to be taken immediately to a hospital of his choice for thorough medical treatment. The Bench had ordered the Superintendent, Taloja Central Prison, Navi Mumbai, to take the petitioner immediately to the Jaslok Hospital, Mumbai (Navlakha's choice of hospital) for medical check-up and treatment. Navlakha, the court had said, would remain in police custody during his stay at the hospital. “We further direct that Sahba Husain (partner of the petitioner) and Mridula Kothari (sister of the petitioner) alone will be permitted to interact with the petitioner in the hospital which we permit as per the rules of the hospital. The hospital authority will send up the report to this court by the next date of hearing,” the court order had said. ED attaches 7 properties of gangster-turned-politician Mukhtar Ansari in PMLA case The Enforcement Directorate (ED) on October 21 said it has [attached seven immovable assets of gangster-turned-politician Mukhtar Ansari]( as part of a money-laundering investigation against him and his family. The properties, provisionally attached under the Prevention of Money Laundering Act (PMLA), are worth ₹1.48 crore (registry value) while their circle rate at the time of registration was ₹3.42 crore, the federal agency said in a statement. Ansari, a five-time former MLA, is currently lodged in a jail at Banda in Uttar Pradesh. The 59-year-old was questioned by the ED in this case last year. The agency in August had also raided the official residence of his elder brother and BSP MP Afzal Ansari in Delhi and some locations in the Ghazipur district of Uttar Pradesh. In Brief: A special Central Bureau of Investigation (CBI) court on October 21 [refused to grant bail to former Maharashtra Home Minister Anil Deshmukh]( in a corruption case of ₹100 crore in the year 2021. Deshmukh was arrested on November 2, 2021 and has been lodged at Arthur Road jail since then. In July 2022, the special CBI court had also rejected the Nationalist Congress Party leader’s default bail in the case. 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