BREAKING | Hate Speech On North Indians
CJI Gavai Today (Aug 4) permitted withdrawal of a plea against MNS chief Raj Thackeray for alleged hate speech targeting North Indians. Petitioner got liberty to approach the Bombay High Court.
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NEW DELHI: The Supreme Court of India today heard a petition filed against Maharashtra Navnirman Sena (MNS) Chief Raj Thackeray over serious allegations of hate speech, violence, and threats against North Indians in Maharashtra for not speaking Marathi.
The petitioner had requested the court to direct police to register an FIR against Raj Thackeray and also sought derecognition of the MNS by the Election Commission of India.
The matter came before a Supreme Court Bench comprising Chief Justice of India BR Gavai and Justice K. Vinod Chandran.
During the proceedings, Chief Justice BR Gavai asked:
“Is the High Court of Bombay on leave?”
In response, the counsel for the petitioner said:
“May I withdraw.”
Following this, the Supreme Court passed an order stating:
“Learned counsel for petitioner seeks liberty to withdraw the petition with liberty to approach jurisdictional High Court. We clearify that we have not considered the merits of case.”
The petitioner decided to withdraw the plea and instead move the Bombay High Court. The Supreme Court allowed the withdrawal and made it clear that it had not gone into the merits of the matter.
EARLIER IN TOP COURT
The Supreme Court of India on July 25 refused to entertain a petition that requested Criminal Action Against Maharashtra Navnirman Sena (MNS) President Raj Thackere.
The plea accused him of delivering provocative speeches that allegedly created hatred between communities based on language.
A two-judge Bench, comprising Justice BV Nagarathna and Justice KV Viswanathanconsidered the matter and declined to proceed further with the petition at this stage. Instead, the judges advised the petitioner to seek relief from a lower court.
“We dispose of this petition filed under Article 32 of the Constitution of India, giving liberty to the petitioner herein to approach High Court if so advised,”
-the Supreme Court stated while passing its order.
The petition was filed by Ghanshyam Dayalu Upadhyay, who expressed concerns that Raj Thackeray’s public speeches were a threat to India’s national integrity and social harmony.
According to him, Thackeray’s repeated statements were increasing the divide between different linguistic groups.
Advocate Subhash Jha, appearing on behalf of the petitioner, made strong submissions in court.
He said:
“My lords, this petition takes exception to larger issue. One of the larger issue which has been raised is this that that these kinds of incidents are on rise, in spite of this Court taking serious view of the matter in number of cases.”
Quoting a report from The News Minutethe petitioner alleged that Raj Thackeray was justifying violence against those who do not speak Marathi.
The plea stated that his remarks were intended to gain political advantage in upcoming local elections and could damage India’s unity.
“Thackery in desperation to occupy some seats in the forthcoming election of Mumbai Municipal Corporation, has been making fiery speeches from time to time against Hindi speaking people and thereby he has been promoting enmity between different groups on the grounds of place of birth, residence and language which is prejudicial not only to the maintenance of harmony, but also endangering to sovereignly, unity and integrity of India,”
-the plea claimed.
The case will now likely proceed in the High Court, should the petitioner choose to take it forward, as advised by the Supreme Court.
BACKGROUND
A Public Interest Litigation (PIL) was filed on July 25 in the Supreme Court against Raj Thackeraythe Chief of the Maharashtra Navnirman Sena (MNS)accusing him of inciting violence and fostering animosity towards Hindi-speaking individuals.
The petition, submitted by Advocate ghanshyam upadhyaycalled for the registration of an FIR against Thackeray and his party members due to their alleged role in escalating tensions surrounding the language issue in Maharashtra.
This legal action follows multiple incidents where MNS workers are accused of assaulting individuals and vandalizing property over language disputes, particularly targeting those who do not speak Marathi.
During a rally in Mira Bhayandar on Friday, Thackeray vehemently opposed any effort to make Hindi mandatory in Maharashtra schools. In response to Chief Minister Devendra Fadnavis’s comments about implementing a three-language policy, Thackeray warned that his party would “shut down schools” if Hindi were imposed on students from Classes 1 to 5. He also claimed that critics were unfairly targeting MNS workers for advocating the Marathi language.
Referring to MNS activists as “Maharashtra soldiers,” he stated that they take pride in protecting Marathi identity and culture.
MNS activists recently assaulted a sweet shop owner in the Mumbai Metropolitan Region for not speaking Marathi.
Earlier this month, MNS workers vandalized the glass door of the office of Mumbai-based share market investor Sushil Kedia in Worli after he announced that he would not speak Marathi and challenged party chief Raj Thackeray.
Also Read: Supreme Court Bar Association to Issue Communication in Vernacular Languages
Shiv Sena (UBT) Leader Uddhav Thackeray and MNS chief Raj ThackerayOn July 5, appeared together to advocate for the Marathi language, pledging to oppose the “imposition” of Hindi in Maharashtra after the state government retracted the government resolutions regarding the introduction of Hindi as a third language in primary schools.
Earlier this week, three lawyers from Mumbai sent a letter to the Maharashtra Director General of Police (DGP) requesting legal action against the MNS in light of recent attacks on individuals who do not speak Marathi.
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