On Monday, the Delhi Police notified the Supreme Court that the probe into the alleged hate speech related to the Hindu Yuva Vahini event that Sudarshan News TV editor Suresh Chavhanke organised in Delhi in December 2021 had moved to a new stage. 

The court was hearing a contempt petition filed by activist Tushar Gandhi, who claimed that the Delhi Police had disregarded the instructions given in the Tehseen Poonawalla case regarding the investigation of mob violence cases. The bench, which was led by Chief Justice of India DY Chandrachud and also included Justice PS Narasimha and Justice JB Pardiwala, was hearing the case.

The Delhi Police had already been questioned by the bench on the status of the case's investigation. The CJI had inquired if anyone had been detained in connection with the matter and questioned why it took the Delhi police 5 months to file a FIR. On February 20, attorney Shadan Farasat spoke on behalf of the petitioner.

"Let the chargesheet be filed and be placed before this court."

CJI DY Chandrachud, while dictating the order said–

"Mr KM Nataraj, learned ASG has submitted that the investigation is now at an advanced stage. The report of the voice sample is expected soon from forensic lab. Copy of the chargesheet to be placed on record. List in first week of April."

You may recall that the Delhi Police initially held the position that the remarks uttered during the Hindu Yuva Vahini event did not constitute any offence. The Delhi Police claimed in an affidavit that "no hate speech was given against any community" at the event in response to another plea calling for action against the crimes of hate speech. However, the Supreme Court voiced displeasure with this stance taken by the Delhi Police and requested that a senior official file a "better affidavit" in its place. The FIR was filed by the Delhi Police in May 2022 as a result of the court's accusation.

Case Title: Tushar Gandhi v. Rakesh Asthana And Anr. 
Citation: Conmt. Pet(C) No. 41/2022 in WP(C) No. 732/2017