CJP files complaints against the Hate Speeches delivered in Uttar Pradesh Urges authorities to register immediate FIR against the serial hate offender Swami Sachidanand and a speaker of Antarashtriya Hindu Parishad
29, Jul 2024 | CJP Team
Citizens for Justice and Peace (CJP) files complaints before the Uttar Pradesh Police against the multiple incidents of hate speech incidents in Mainpuri and Shamli districts. In both incidents speeches were delivered with intention to create enmity on grounds of religion. CJP in its complaint before Superintendence of Police, Mainpuri and District Magistrate, Mainpuri, filed on July 12, highlighted the hate speech delivered by preacher Swami Sachidanand (Serial hate offender) in Bainsroli, Mainpuri (Uttar Pradesh) against the Muslim and Christian citizens.
Swami through his speech, propagated false conspiracy theory against the Muslims and Christians. CJP also submitted the content of the speech before authorities, given by Swami that clearly attract prosecution under Sections 196 (Promoting enmity on grounds of religion), 197 (1), 299 (Malicious act to insult a religion), 352 (Intentional insult with intent to provoke breach of peace), 353 (Statements conducing to public mischief) of the Bharatiya Nyaya Sanhita, 2023. Similarly, the other complaint filed by CJP on July 23 against the speaker of Antarashtriya Hindu Parishad (AHP) and Rastriya Bajrang Dal over dehumanizing and islamophobia filled hate speech in an event in Kairana, Shamli (UP) on June 6, 2024. In event, a speaker associated with Antarashtriya Hindu Parishad (AHP) and Rastriya Bajrang Dal delivered the provocative, communal hate speech with deliberate intention to promote religious enmity between citizens of this country.
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CJP Complaint against Swami Sachidanand on July 12, 2024:
CJP in its complaint before Uttar Pradesh Police filed on July 12, highlighted that communal speech delivered by “Preacher”, Swami Sachidanand targeting Muslims and Christians for their religion. As per the details available, the said speech had been delivered by Swami Sachidanand on June 3, 2024 in Bainsroli, Mainpuri (U.P.). Through his speech he propagated false conspiracy theory about against the Muslims and Christians. The contents of the speech given by Swami attracts prosecution under Sections 196 (Promoting enmity on grounds of religion), 197 (1), 299 (Malicious act to insult a religion), 352 (Intentional insult with intent to provoke breach of peace), 353 (Statements conducing to public mischief) of the Bharatiya Nyaya Sanhita, 2023. Swami Sachidanand gives communal and provocative speech and makes objectionable derogatory remarks about Prophet Mohammad and Jesus Christ and attempts were made to defame him. He said in his speech that Prophet Mohammed neither spared a 6-year-old girl nor a 40-year-old woman he also called the Prophet a “big adulterer”. He further added in his speech that Jesus Christ had no character. Swami attempts to propagate a false narrative about Muslim citizens and with deliberate intention to create fear among the citizens of the country about Muslim and Christian citizens of the country.
The complaint filed against swami also mentioned that Swami, being the previous and habitual hate offender, endorsed the statement made by the former BJP Spokesperson Nupur Sharma, uttering similar blasphemous remarks against Prophet Mohammad willfully and intentionally in his speech. As you well know, such kind of insightful and inflammatory statements can easily hurt the sentiment of a person with particular faith and beliefs and a threat to internal peace and harmony of the country. The speech delivered by Swami not only hurts the religious sentiments of Muslims and Christian citizens of the country but is also a provocation to violate the religious tolerance of the people and can create an atmosphere of communal rioting. Swami’s speech is clearly against the peace and tranquility by spreading hatred and promoting enmity on grounds of religion.
CJP also added in its complaint that this is not the first time that Swami Sachidanand has delivered such a communal and inflammatory speech. CJP have regularly tracked the speeches that have been made by him during 2023-24. It is pertinent to highlight here that in the month of December in 2019, in a video on the social media in which Swami Sachidanand said Islam and Christianity as the top enemies of Hinduism and urged for social and economic boycott of Muslims. During his address at an event held in Noida, Uttar Pradesh, the Far-right saint advocated for a social and economic boycott of Muslims. “There are four enemies of yours. First Islam, second – Christianity. Similarly, In May 2024, he again delivered communal hate speech in Bharatpur, Rajasthan. Swami in his speech attempts to create hatred and enmity between citizens and propagated fake Nai (Barbour) Jihad, love jihad and urged peoples to boycott Muslim shopkeepers and Muslim tenants. Further, On May 11, 2024, Swami Sachidanand delivered hate speech against Muslims on grounds of fake propagated theory of love jihad and land jihad. In his speech he also accused Muslim women.
The complaint can be read here:
CJP Complaint against AHP and Rastriya Bajrang Dal on July 23, 2024:
The second complaint has been filed before Superintendent of Police, Shamli and District Magistrate, Shamli by CJP, against a speaker associated with Antarashtriya Hindu Parishad and Rastriya Bajrang Dal on July 23, 2024 for delivering dehumanizing and Islamophobic speech in an evet in Kairana, Shamli (UP) on June 6, 2024. The speaker, through his speech, is espousing a hard, right-wing, exclusionist ideology, and can be heard delivering incendiary and inciteful speeches through which he has targeted the religious minorities of our country, especially the Muslim community. By using inflammatory words, attempts to promote religious enmity between citizens of this country. Through his speech, the speaker has propagated stereotypes against the Muslims and painted the community as enemies of this country. In his speech, AHP speaker further added that the internal security of this country is in danger, and no one is blaming the Muslims. Referring to the issue of economic prosperity of this country, Muslims are sitting on reservation and delaying the economic prosperity of this country. Therefore, the speech delivered in dangerous and provocative manner despite that all citizens have Right to life with dignity under Article 21 of the Indian Constitution.
CJP pleads in its complaint that AHP, the second most frequent organizer of hate speech events in India, has multiple times provided a platform for hate mongers to deliver communal hate speeches across the country, and destroy the communal harmony of this country.
The speaker in video seen as attempting to provoke people gathered there with deliberate intention on the basis of a story about the death of Prophet Mohammad’s son-in-law and said “With this Namaz they killed the son-in-law of Prophet Mohammad during Fajr Namaz”.
The complaint can be read here:
CJP in its complaints cited the circular issued by DGP Uttar Pradesh Circular DG No. 39/2022, undesigned by Mr. Devendra Singh Chauhan (IPS), Director General of Police, Uttar Pradesh, dated December 03, 2022, in which Hon’ble Supreme Court order dated 21.10.2022 in Shaheen Abdulla vs. Union of India and Others [Writ Petition (Civil) No. 940/2022] has been highlighted where the court had asked the police to ensure that as and when any speech which attracts offences such as Sections 153A, 153B and 295A and 505 of the IPC take place, suo moto action is taken if no complaint is forthcoming. The circular directed to all the police officials across the state that; “The Hon’ble Supreme Court, through its above referred order, has mainly directed that after the incident of Hate Speech comes to the notice, in case a complainant does not register the First Information Report by giving a complaint, then the local police should take suo moto cognizance. A case will be registered and action will be taken against the guilty persons as per law. It is also mentioned in the judicial order that laxity in following these instructions will be considered as “contempt of court” and action will be taken against the guilty officers. Using the powers conferred by Section 4 and Section 12 of the Police Act 1861 and Paragraph 1 of the Police Regulation as the State Police Chief, all of you are directed to receive any complaint regarding an incident of Hate Crime or Hate Speech. As soon as the complaint is received or in case the complaint is not received, taking suo moto cognizance, a case will be registered against the guilty persons by the local police and action will be taken as per law. The above instructions are being issued in compliance with the instructions of the Hon’ble Supreme Court of India, hence all Additional Director Generals of Police, Zones and Police Commissioners, Police Commissionerate’s should take personal interest and ensure compliance with the instructions.”
CJP dispatched both the complaints to the Superintendent of Police (SPs) and District Magistrate (DMs), Shamli and Mainpuri urging prompt action that the inflammatory and divisive speech delivered amounts to insightful and provocative. CJP has urged mandatory registration of FIR in incidents of Hate Speeches in compliance with the Hon’ble Supreme Court’s Order dated April 28, 2023, in which the division bench of Justice KM Joseph and BV Nagarathna in Ashwini Kumar Upadhyay v. Union of India [W.P. (C) No. 943 of 2021], directed all States/UTs to register a suo moto FIR against Hate Speech irrespective of religion. The court added that when any speech or any action takes place which attracts offences such as Section153A, 153B and 295A and 505 of the IPC etc., suo moto action will be taken to register case even if no complaint is forthcoming and proceed against the offenders in accordance with law.
Most crucially, we have also invoked the binding judicial orders of the Supreme Court in the Shaheen Abdullah vs Union of Indian (Writ Petition (Civil) 940/2022) which mandate the police to suo moto register cases in incidents of hate speeches, as per law. With this substantive background and facts, CJP urged Maharashtra police to take action as per sections 196, 197 (1), 352 and 353 of the Bharatiya Nyaya Sanhita, 2023 and any other provisions of law, as deemed necessary by the police.
