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1
4th
February 2023
By Email / Hand Delivery
To,
Mr. Vivek Phansalkar,
Police Commissioner, Mumbai
Office of the Commissioner of Police
D.N. Road, Opp. Crawford Market,
Dhobi Talao, Mumbai – 400 001
cp.mumbai@mahapolice.gov.in
+91 22 22620826
Subject : Ensure implementation of Supreme Court directions on 3rd
February
2023 to take preventive action against hate speech at the Sakal Hindu
Samaj Meeting planned on 5th
February 2023 and other directions
And
In light of the past incidents of communal hate speech and calls for
violence issued at their rallies/events, including at the Hindu Jan Akrosh
Morcha organised by the Sakal Hindu Samaj on 29th
January 2023 in
Mumbai, ensure that the public meeting planned on 5th
February 2023 is
not allowed to take place and to immediately initiate criminal action
against the perpetrators of this serious crime
And
Ensure that no hateful and inciteful speech against minorities is
permitted and to preserve and protect the secular values enshrined in
the Indian Constitution
Dear Sir,
We, concerned citizens and civil society organisations from Mumbai, are deeply shocked and
disturbed at the series of incidents of hate speech against Muslims reported from rallies held
under the banner, Hindu Jan Akrosh Morcha in districts across Maharashtra since November
2022.
At the latest rally held on 29th
January 2023 in Mumbai, called using divisive narratives like love
jihad, land jihad and false theories of population explosion amongst Muslims, extremely inciteful
and provocative hate speeches were made to incite the public and further hatred among
2
communities. The rally was organized by Sakal Hindu Samaj, an umbrella organisation of several
Hindutva organisations such as Hindu Janajagruti Samiti, Shiv Pratishthan and Sanatan Sanstha.
The rally ended with a provocative speech by Goshamahal MLA T Raja Singh also calling for a
boycott of Muslim owned businesses and for Hindus to ‘slit throats’, thereby inciting violence and
hate crimes against Muslims. A provocative booklet containing misinformation and rumours with
anti-Muslim sentiment to influence public opinion on communal lines, was also distributed at the
rally. Inspite of such highly provocative and inciteful hate speeches being made, it is appalling and
disturbing that no action has been commenced by the Mumbai Police against the perpetrators
including all the organisers of the rally, speakers and MLA T Raja Singh till date.
Meanwhile, it is now known that the same Sakal Hindu Samaj has proposed to organize a meeting
in Mumbai on 5th
February 2023. Yesterday, 3rd
February 2023, the Supreme Court has passed
several directions in an application filed in the matter of Saheen Abdullah versus Union of India,
W.P. (C) No. 940/2022 seeking reliefs towards preventing hate speech at the proposed meeting
on 5th
February 2023. The relevant portions of the order dated 3rd
February 2023 are extracted
herein below.
“We record the submission of Mr. Tushar Mehta, learned Solicitor General
appearing on behalf of the Respondent-State of Maharashtra that if
permission is applied by Sakal Hindu Samaj for holding contemplated
meeting on 05.02.2023 and if permission is granted it will be subject to the
condition that nobody will make any hate speech and in defiance of law or
disturbing the public order. ..
We also direct that the Officer(s), in case, permission is granted and, in
case, the occasion arises for invoking the power under Section 151 of Cr.P.C.
as aforesaid, it shall be the duty of the Officer(s) concerned to invoke the
said power and to act as per the mandate of Section 151 of the Cr.P.C. ..
Accordingly, we direct that the Police Inspector of the area in question will
conduct videography of the meeting in question and it shall be made
available to this Court on the next date of hearing. ..
Mr. Tushar Mehta, learned Solicitor General appearing on behalf of the
Respondent-State of Maharashtra also to get instructions in regard to the
allegation made about what has happened in the conduct of previous
meeting which took place at the instance of very same organization.”
3
The matter is now kept after two weeks. A copy of the said order dated 3rd
February 2023 passed
by the Supreme Court is annexed herewith for your reference.
From the conduct of the Sakal Hindu Samaj and its constituent organisations who are behind the
organizing of the events/rallies/meetings inter alia under the banner of Hindu Jan Akrosh Morcha,
it is apparent that they are trying to inflame communal tensions using hateful and inciteful
speeches, false information and rumours, and islamophobic and communal propaganda. Instead
of taking strict action against them and initiating prosecution for their criminal acts, the police
and state authorities have been turning a blind eye and granting permissions to the organisations
to conduct their events/rallies. No action has been taken as of yet in respect of the Hindu Jan
Akrosh Morcha rally held on 29th
January 2023.
India is a secular country, where values of tolerance, dignity, equality, fraternity and justice are
deeply enshrined in the Indian Constitution. While right to free speech and expression,
association and assembly are fundamental freedoms guaranteed under the Constitution, the
crime of hate speech and inciting communal violence cannot be perpetrated under the guise of
exercising these freedoms.
As concerned and vigil citizen groups who believe strongly in constitutional values and who work
towards upholding civil liberties and democratic rights, we cannot be silent spectators to these
attempts being made to communalize the state of Maharashtra and sow seeds of hate and
violence through the inciteful propaganda being made at these rallies and events. The state of
Maharashtra has a long history of syncretism and secularism, where different communities have
coexisted harmoniously. Earlier attempts to communalize the state and spark violence like the
1992 Bombay riots have had disastrous consequences on the people and this cannot be allowed
to take place again. As those responsible for maintaining law and order in city, it is your
responsibility to ensure that the hate speech is prevented and the perpetrators are punished,
instead of granting them impunity and a free hand.
We accordingly call upon you to strictly implement the directions passed by the Supreme Court
in the order dated 3rd
February 2023. In particular, we demand -
1. Investigation into the incident of hate speech at the Hindu Jan Akrosh Morcha rally
organized by Sakal Hindu Samaj on 29th
January 2023 in Mumbai and to arrest and
prosecute all the perpetrators;
4
2. That given the past record of hate-mongering by the organisers Sakal Hindu Samaj at the
earlier rallies organized by them including the one on 29th
January 2023 and their potential
to incite violence and inflame divisive sentiments, to not allow the public meeting planned
by them on 5th
February 2023 or any such events/processions to take place; To ensure law
and order is maintained at all costs;
3. That in any case videography of any such events of Sakal Hindu Samaj be conducted by
the police and copy be submitted to the court;
4. That you exercise your powers to prevent offenders from making hate speech, including
by exercising powers under Section 151 CrPC;
5. That the police and state authorities investigate and prosecute the incidents of communal
hate speech made at all the earlier rallies held in Maharashtra under the banner of Hindu
Jan Akrosh Morcha and take all measures to ensure that such incidents not occur in the
future.
We request your urgent action on this, to ensure that the agenda of vested interests to further
communal hate and violence are not allowed to succeed.
Yours sincerely,
List of Signatory organisations :
People’s Union for Civil Liberties, Maharashtra
Forum Against Oppression of Women
Jan Swasthya Abhiyan – Mumbai
Indian Christians for Democracy
Justice Coalition for Religious – Maharashtra
National Solidarity Forum
Centre for Study of Society and Secularism
Citizens for Justice and Peace
Kusumtai Chaudhari Mahila Kalyani
Muslim Satyashodhak Mandal
Maulana Azad Vichar Manch
Majlis
Mahila Vikas Kendra
5
Indian Muslims for Secular Democracy
Indian Christian Women’s Movement – Mumbai
Bombay Catholic Sabha
Bebaak Collective
Parcham Collective
Pani Haq Samiti
Platform for Social Justice
Citizens for the Constitution
Akhil Bharatiya Janwadi Mahila Sanghatana (AIDWA)
Aawaaz-e-niswaan
Wisdom Foundation
Christian Development Association
Sarvahara Jan Andolan
Bhrashtachar Virudh Jaagrati Abhiyan
C.C. To : Mr. Rajnish Seth
Director General of Police, Maharashtra
Police Headquarters,
Old Council Hall,
Shaheed Bhagat Singh Marg,
Colaba, Mumbai – 400 001
dgpms.mumbai@mahapolice.gov.in
+91 22 22026672

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  • 1. 1 4th February 2023 By Email / Hand Delivery To, Mr. Vivek Phansalkar, Police Commissioner, Mumbai Office of the Commissioner of Police D.N. Road, Opp. Crawford Market, Dhobi Talao, Mumbai – 400 001 cp.mumbai@mahapolice.gov.in +91 22 22620826 Subject : Ensure implementation of Supreme Court directions on 3rd February 2023 to take preventive action against hate speech at the Sakal Hindu Samaj Meeting planned on 5th February 2023 and other directions And In light of the past incidents of communal hate speech and calls for violence issued at their rallies/events, including at the Hindu Jan Akrosh Morcha organised by the Sakal Hindu Samaj on 29th January 2023 in Mumbai, ensure that the public meeting planned on 5th February 2023 is not allowed to take place and to immediately initiate criminal action against the perpetrators of this serious crime And Ensure that no hateful and inciteful speech against minorities is permitted and to preserve and protect the secular values enshrined in the Indian Constitution Dear Sir, We, concerned citizens and civil society organisations from Mumbai, are deeply shocked and disturbed at the series of incidents of hate speech against Muslims reported from rallies held under the banner, Hindu Jan Akrosh Morcha in districts across Maharashtra since November 2022. At the latest rally held on 29th January 2023 in Mumbai, called using divisive narratives like love jihad, land jihad and false theories of population explosion amongst Muslims, extremely inciteful and provocative hate speeches were made to incite the public and further hatred among
  • 2. 2 communities. The rally was organized by Sakal Hindu Samaj, an umbrella organisation of several Hindutva organisations such as Hindu Janajagruti Samiti, Shiv Pratishthan and Sanatan Sanstha. The rally ended with a provocative speech by Goshamahal MLA T Raja Singh also calling for a boycott of Muslim owned businesses and for Hindus to ‘slit throats’, thereby inciting violence and hate crimes against Muslims. A provocative booklet containing misinformation and rumours with anti-Muslim sentiment to influence public opinion on communal lines, was also distributed at the rally. Inspite of such highly provocative and inciteful hate speeches being made, it is appalling and disturbing that no action has been commenced by the Mumbai Police against the perpetrators including all the organisers of the rally, speakers and MLA T Raja Singh till date. Meanwhile, it is now known that the same Sakal Hindu Samaj has proposed to organize a meeting in Mumbai on 5th February 2023. Yesterday, 3rd February 2023, the Supreme Court has passed several directions in an application filed in the matter of Saheen Abdullah versus Union of India, W.P. (C) No. 940/2022 seeking reliefs towards preventing hate speech at the proposed meeting on 5th February 2023. The relevant portions of the order dated 3rd February 2023 are extracted herein below. “We record the submission of Mr. Tushar Mehta, learned Solicitor General appearing on behalf of the Respondent-State of Maharashtra that if permission is applied by Sakal Hindu Samaj for holding contemplated meeting on 05.02.2023 and if permission is granted it will be subject to the condition that nobody will make any hate speech and in defiance of law or disturbing the public order. .. We also direct that the Officer(s), in case, permission is granted and, in case, the occasion arises for invoking the power under Section 151 of Cr.P.C. as aforesaid, it shall be the duty of the Officer(s) concerned to invoke the said power and to act as per the mandate of Section 151 of the Cr.P.C. .. Accordingly, we direct that the Police Inspector of the area in question will conduct videography of the meeting in question and it shall be made available to this Court on the next date of hearing. .. Mr. Tushar Mehta, learned Solicitor General appearing on behalf of the Respondent-State of Maharashtra also to get instructions in regard to the allegation made about what has happened in the conduct of previous meeting which took place at the instance of very same organization.”
  • 3. 3 The matter is now kept after two weeks. A copy of the said order dated 3rd February 2023 passed by the Supreme Court is annexed herewith for your reference. From the conduct of the Sakal Hindu Samaj and its constituent organisations who are behind the organizing of the events/rallies/meetings inter alia under the banner of Hindu Jan Akrosh Morcha, it is apparent that they are trying to inflame communal tensions using hateful and inciteful speeches, false information and rumours, and islamophobic and communal propaganda. Instead of taking strict action against them and initiating prosecution for their criminal acts, the police and state authorities have been turning a blind eye and granting permissions to the organisations to conduct their events/rallies. No action has been taken as of yet in respect of the Hindu Jan Akrosh Morcha rally held on 29th January 2023. India is a secular country, where values of tolerance, dignity, equality, fraternity and justice are deeply enshrined in the Indian Constitution. While right to free speech and expression, association and assembly are fundamental freedoms guaranteed under the Constitution, the crime of hate speech and inciting communal violence cannot be perpetrated under the guise of exercising these freedoms. As concerned and vigil citizen groups who believe strongly in constitutional values and who work towards upholding civil liberties and democratic rights, we cannot be silent spectators to these attempts being made to communalize the state of Maharashtra and sow seeds of hate and violence through the inciteful propaganda being made at these rallies and events. The state of Maharashtra has a long history of syncretism and secularism, where different communities have coexisted harmoniously. Earlier attempts to communalize the state and spark violence like the 1992 Bombay riots have had disastrous consequences on the people and this cannot be allowed to take place again. As those responsible for maintaining law and order in city, it is your responsibility to ensure that the hate speech is prevented and the perpetrators are punished, instead of granting them impunity and a free hand. We accordingly call upon you to strictly implement the directions passed by the Supreme Court in the order dated 3rd February 2023. In particular, we demand - 1. Investigation into the incident of hate speech at the Hindu Jan Akrosh Morcha rally organized by Sakal Hindu Samaj on 29th January 2023 in Mumbai and to arrest and prosecute all the perpetrators;
  • 4. 4 2. That given the past record of hate-mongering by the organisers Sakal Hindu Samaj at the earlier rallies organized by them including the one on 29th January 2023 and their potential to incite violence and inflame divisive sentiments, to not allow the public meeting planned by them on 5th February 2023 or any such events/processions to take place; To ensure law and order is maintained at all costs; 3. That in any case videography of any such events of Sakal Hindu Samaj be conducted by the police and copy be submitted to the court; 4. That you exercise your powers to prevent offenders from making hate speech, including by exercising powers under Section 151 CrPC; 5. That the police and state authorities investigate and prosecute the incidents of communal hate speech made at all the earlier rallies held in Maharashtra under the banner of Hindu Jan Akrosh Morcha and take all measures to ensure that such incidents not occur in the future. We request your urgent action on this, to ensure that the agenda of vested interests to further communal hate and violence are not allowed to succeed. Yours sincerely, List of Signatory organisations : People’s Union for Civil Liberties, Maharashtra Forum Against Oppression of Women Jan Swasthya Abhiyan – Mumbai Indian Christians for Democracy Justice Coalition for Religious – Maharashtra National Solidarity Forum Centre for Study of Society and Secularism Citizens for Justice and Peace Kusumtai Chaudhari Mahila Kalyani Muslim Satyashodhak Mandal Maulana Azad Vichar Manch Majlis Mahila Vikas Kendra
  • 5. 5 Indian Muslims for Secular Democracy Indian Christian Women’s Movement – Mumbai Bombay Catholic Sabha Bebaak Collective Parcham Collective Pani Haq Samiti Platform for Social Justice Citizens for the Constitution Akhil Bharatiya Janwadi Mahila Sanghatana (AIDWA) Aawaaz-e-niswaan Wisdom Foundation Christian Development Association Sarvahara Jan Andolan Bhrashtachar Virudh Jaagrati Abhiyan C.C. To : Mr. Rajnish Seth Director General of Police, Maharashtra Police Headquarters, Old Council Hall, Shaheed Bhagat Singh Marg, Colaba, Mumbai – 400 001 dgpms.mumbai@mahapolice.gov.in +91 22 22026672