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A Muslim advocacy group, Association for Protection of Civil Rights, requested the Supreme Court’s urgent intervention to order the state to take action against hate speech mongers as communal tension increased in Uttarakhand. However, a vacation bench instructed the NGO to approach the high court and appropriate authorities mandated to uphold law and order in the Himalayan state.

The Uttarkashi district administration is continuing to be a silent observer to the hate speech and threat to leave the state being made against Muslims, Advocate Sharukh Alam insisted to the vacation bench of Justices Vikram Nath and Ahsanuddin Amanullah on behalf of the Delhi-based petitioner APCR, which is led by senior advocate Y H Muchhala.

According to Alam, the SC recently issued a directive ordering the states’ police to suo motu file police reports (FIRs) against anyone offering hate speeches. The SC also issued a warning that, in the event that the offences go unreported, suitable contempt actions will be brought against negligent officers. She said that “the Uttarakhand police are not filing FIRs against those who incite hate speech and those who threaten Muslims to leave the state.” The Muslim religious leaders have requested a mahapanchayat in Dehradun on June 18 in protest of the targeting of members of their community following the mahapanchayat on June 15 in Purola.

The bench said, “Law and order is a state issue. The district administration is bound to take action against any illegalities that threaten the peace. The high court is eminently suitable for addressing any instance of dereliction in duty by police. You move the HC. Why should we distrust the HC? You can show the SC order to the HC. It will consider and pass appropriate orders.” Following the SC bench’s denial of the request for a stay on the mahapanchayat planned by right-wing organisations in Purola, the petitioner, the Association for Protection of Civil Rights, asked the Uttarakhand high court for permission to drop the request.

Written By- Smrutiman Anantveer Mohanty, College Name- Army Law College, Pune, Semester- Smrutiman Anantveer Mohanty, an intern under Legal Vidhiya


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