SC directs police to file chargesheet in 2021 Delhi hate speech case

Chief Justice of India DY Chandrachud, who was leading the bench hearing the case, questioned why the Delhi Police took five months to file a First Information Report and if anyone has been arrested yet. 

The apex court directed the police to file an affidavit giving details of the steps they have taken so far.

"The additional solicitor general submitted that the investigation is now at an advanced stage. The report of the voice sample is expected soon from the forensic lab. A copy of the chargesheet be placed on records. The matter (will be heard) in the first week of April," the bench said in its order.

The court made the observation while hearing a contempt petition filed by activist Tushar Gandhi, alleging inaction by the Uttarakhand Police and Delhi Police in alleged hate speech cases.

Last month, the court made several questions to the Delhi Police over the delay in the registration of FIR and "no palpable progress" in the investigation.

The case involves alleged hate speech at an event in Delhi organized by the right-wing group Hindu Yuva Vahini in December 2021.

Suresh Chavhanke, the editor of 'Sudarshan News', who was leading the event, had called for the formation of a Hindu nation and urged people to take an oath: "Hindu rashtra ke liye ladenge, marenge aur zarurat padi toh maaarenge (We all pledge to make this country a Hindu nation. We will fight for it, die for it and, if needed. also kill for it)," he had said.

The police had initially claimed that it was not hate speech, as "there is no use of such words which mean or could be interpreted as 'open calls for genocide of Muslims in order to achieve ethnic cleansing or an open call for the murder of an entire community".

However, its contention was shot down by the top court at a hearing in April last year.

Expressing dissatisfaction with the police statement, the court had called for a "better affidavit".

"This affidavit has been filed by the Deputy Commissioner of Police. Does he approve of this stand? or has he just reproduced the inquiry report by sub inspector level," asked Justice AM Khanwilkar.