On 13 January, a division bench of the Supreme Court led by Chief Justice of India DY Chandrachud and Justice PS Narasimha questioned the Delhi Police about its progress in the investigation into the hate speech case involving the Hindu Yuva Vahini event in Delhi in December 2021, which was organised under the leadership of Sudarshan News TV editor Suresh Chavhanke.

Given that the FIR was filed five months after the incident and no charge sheet had been filed, a division bench ordered the Investigating Officer to document the steps taken in the investigation within two weeks. The bench was hearing a contempt petition filed by activist Tushar Gandhi, who claimed that the Delhi Police violated the orders issued in the Tehseen Poonawalla case.

"What are you doing in terms of the investigation? The incident takes place on the 19th of December 2021. The FIR is registered 5 months later in May 2021. Why do you require 5 months to register an FIR?", CJI Chandrachud inquired of Additional Solicitor General KM Nataraj, who represented the Delhi Police.

The ASG responded that the delay was unintentional and that the police were conducting the verification.

Advocate Shadan Farasat argued that it is a "very serious matter" and asked the bench to read the transcripts of the speeches made at the event, where allegedly anti-Muslim statements were made.

FIR was not registered for 5 months. Even in the counter filed now, they say investigation is underway. They don't indicate if they have called anyone for interrogation under Section 41A. They've not arrested anyone, no chargesheet has been filed", Farasat stated that he is not seeking contempt action against the Delhi Police Commissioner and is only seeking a proper investigation.

It may be recalled that the stand taken by the Delhi Police initially was that the speeches made during the Hindu Yuva Vahini event did not amount to any offence. In an affidavit in response to another petition seeking action against hate speech crimes, the Delhi Police stated that "no hate speech was given against any community" at the event. Nevertheless, the Supreme Court voiced discontent with this stand of the Delhi Police and called for a "better affidavit" to be filed by a senior officer. The Delhi Police registered the FIR in May 2022, following the Court's rap.

Following today's hearing, the bench issued the following order:

"Advocate Shadan Farasat, learned counsel appearing for the petitioner, submitted though the incident happened on December 19, 2021, involving serious acts amounting to hate speech, FIR was registered only on May 4, 2022. Moreover, it has been submitted that although 8 months have elapsed since then, there is no palpable progress in the investigation. No arrest has been made and no chargesheet has been submitted. Learned ASG submits that there is no contempt of directions issued by this court in Tehseen Poonawalla.

However, we are of the view that, quite apart from the issue of contempt, it would be necessary for the Investigating Officer to place on record the steps which have been taken pursuant to the investigation since the incident took place on 19 December, 2021. The affidavit shall be filed within a period of 2 weeks"

Case : Tushar Gandhi vs Rakesh Asthana
Citation: CONMT.PET.(C) No.41/2022 in W.P.(C) No.732/2017