SC: Dharam Sansads spoiling atmosphere

SC: Dharam Sansads spoiling atmosphere
By , ET Bureau
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Synopsis

Thursday's remarks by a bench of Justices Ajay Rastogi and Vikram Nath came during hearing of a bail plea of Jitendra Narain Tyagi, formerly Wasim Rizvi, ex-head of the UP Shia Wakf Board. Any hate speech case will not be seen in isolation but in totality of circumstances involving the accused while granting bail, the court said. Tyagi was arrested for his hate speech in the Haridwar last year. He approached the SC for relief after a trial court and the Uttarakhand HC denied him bail.

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The Supreme Court has frowned on inflammatory speeches against other religions made at dharam sansads. The speeches were "spoiling the atmosphere", it said, and urged people to "live together and enjoy" life.

This was the second instance in recent times when SC spoke out against hate speeches. Just days earlier, a bench led by Justice AM Khanwilkar had asked the Uttarakhand government to ensure that those who made hate speeches do not get to speak at any other dharam sansads.

Thursday's remarks by a bench of Justices Ajay Rastogi and Vikram Nath came during hearing of a bail plea of Jitendra Narain Tyagi, formerly Wasim Rizvi, ex-head of the UP Shia Wakf Board. Any hate speech case will not be seen in isolation but in totality of circumstances involving the accused while granting bail, the court said. Tyagi was arrested for his hate speech in the Haridwar last year. He approached the SC for relief after a trial court and the Uttarakhand HC denied him bail.

Appearing for Tyagi, senior advocate Siddharth Luthra sought bail on medical grounds. Tyagi had already spent 6 months of a possible 3-year sentence, the counsel said. He was charged under Sections 153A and 298 of the IPC. Section 153A provides a three-year jail term for creating enmity between different groups on grounds of race, religion, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. Under Section 153A (2), committing such an offence carries a 5-year jail term if done in a place of worship or in an assembly engaged in performance of religious worship or ceremonies.

The bench asked the state government to place its stand on the issue. The court will now take up the case on Tuesday, once Uttarakhand gives its formal stand on the issue.
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