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Hate Speech: Supreme Court rejects PIL seeking preventive arrest of Yati Narsinghanand and Jitendra Tyagi

The Supreme Court on Friday has rejected a public interest litigation (PIL) petition that seeks preventive arrest of Yati Narsinghanand and Jitendra Tyagi (formerly Waseem Rizvi) on the ground that they have been making calls of violence against Muslims.

The Indian Muslim Shia Isna Ashari Jamaat who have filed the petition through Qamar Hasnani have prayed that Tyagi and Hindu seer Yati Narsinghanand should be stopped from making indecent, demeaning and ‘derogatory, remarks against Prophet Mohammed and icons of the religion.

Keeping this in mind, they have also sought for a ban on Tyagi’s book titled ‘Muhammad’.

A Bench of Chief Justice of India Uday Umesh Lalit and Justice S Ravindra Bhat said under Article 32,this type of plea cannot be entertained under the Constitution.

The Bench asked You are asking somebody to be arrested and criminally prosecuted under Article 32 plea? If we proceed, then what happens to Lalita Kumari judgment? Have you filed a complaint.”

The petitioner said that it will drop the prayer for arrest and asked the Court to consider other prayers.

The court said that the petitions cannot be entertained under Article 32 and rejected the plea.

The Court order said Petitioner at liberty to pursue an appropriate remedy. Plea dismissed.”

The plea was filed through advocate Sachin Sanmukhan Pujari and drawn and settled by advocate Farrukh Khan.

The plea said that for the security ,social harmony and public peace Tyagi and Narsinghanand are a threat and therefore sought for their arrest as a preventive measure.

The petitioner highlighted several instances where the duo had made derogatory remarks Islam with the purpose to steam the communal passions and controversy.

The plea pointed out that both have had proceedings for offences in the Indian Penal Code against them, but still have not behaved properly and continue to spew venom against Islam.

A court in Srinagar had taken a complaint against Tyagi for insulting Islam and the Prophet.

In a PIL ,the Apex Court in January had issued notice to the Central and Uttarakhand governments seeking a probe into the Haridwar Dharam Sansad.

The top court recently declined his plea to extend his medical bail.

The Supreme Court in April last year had imposed cost of ₹50,000 on Tyagi when a petition was rejected in which Rizvi that sought deletion of certain verses from the Holy Quran alleging that they violate the law of the land and promote extremism.

A suit seeking ban on on Waseem Rizvi’s self-published book titled “Muhammad”was dismissed by the Delhi High Court in December last year.

Narsinghanand is also responsible for attracting controversy over calls for genocide made during the Haridwar Dharam Sansad.

A first information report (FIR) on Hate speech for registered against him at the Haridwar Dharam Sansad on 7th February, for which he was granted bail by the Haridwar sessions court.

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