Progressives influence Petitions in the Supreme Court

H.H. (Adv.) Suresh Kulkarni

1. Supreme Court’s distrust of Police and administration in the Tushar Gandhi Vs. Rakesh Asthana case

On 20^th February 2023, a three-member Bench of the Supreme Court heard the case of Tushar Gandhi Vs. Rakesh Asthana. The Delhi Police had submitted an affidavit in May 2022 about Mr Suresh Chavhanke (Editor of Sudarshan News Channel) regarding a provocative speech he gave in Hindu Yuva Vahini’s programme. In this affidavit, the Police said that there was nothing hateful, inflammatory or inciting in Mr Chavhanke’s speeches. The Court expressed strong disapproval and ordered the presentation of a better affidavit by a senior officer. At that time, KM Nataraj Additional Solicitor General of India (ASGI) said – ‘The investigation of Chavhanke’s case has reached an advanced stage and there is a possibility of getting his voice samples from the Forensic laboratory’.

The petition filed by Tushar Gandhi said, ‘Delhi Police did not follow the Court’s order in the Tehseen Poonawala case’. In the previous hearing, the SC had asked, ‘Why did it take 5 months to register the crime in this case ? Has anyone associated been arrested in this case ?’ KM Nataraj said that the voice samples will be received soon and a copy of the chargesheet will be submitted in the 1st week of April. Thereafter, a three-member Bench, including the Chief Justice, adjourned the hearing till 6^th April 2023.

During the hearing of this case, I remembered the following story I had heard in my childhood from the rural areas – A man asks a little boy, what he will do if a tiger chases him. The boy replies, ‘I will climb the tree’. Then the man asks, what if the tiger climbs the tree ? The boy replies, ‘I will jump into the river’. The man asks, ‘What if the tiger jumps into the river ?’ The boy replies, ‘I will climb the mountain’. The man asks, ‘What if the tiger climbs the mountain too ?’ The boy finally says, ‘Do you want the tiger to eat me ?’

Like this story, a crime has been registered in the case of Tehseen Poonawala, and the investigations are at an advanced level. The voice samples have been sent to the Forensic laboratory and they will soon be available to the investigation agencies.

2. Tehseen Poonawala’s plea in the Court against the alleged massacre by cow vigilantes

About 8-10 years ago, the so-called progressives used to have plenty of influence in the Supreme Court. Gujarat riots, atrocities on tribals, killings of Naxalites and lynching over cow-slaughter were topics of great interest to them. Tehseen Poonawala took a similar matter directly to the Supreme Court. He said that India had witnessed certain people taking law in their hands and lynching people in the name of cow protection by blaming them for cow-slaughter. Such extra-judicial lynching by the mobs mainly targeted the minority community and this heightened sense of insecurity in them. Poonawala’s petition was settled on 17^th July 2018 by a three-member Bench, including the Chief Justice.

The Supreme Court then ordered the State Governments and Police administration to register criminal cases against those who spread false and hateful news. ‘These criminal offences should be tried through fast track trials, and the accused should be given maximum punishment as provided in the Indian Penal Code’, the Supreme Court said. (Lower Court Judges are not supposed to exercise their discretion. Just because the Supreme Court ordered so, is it fair to award maximum punishment to the accused as per the laws ? Will it be wrong if someone thinks that the Supreme Court should take all such cases under its jurisdiction and punish the accused, instead of asking the Lower Courts to punish without examining the cases and their evidence ? – Editor) Along with this, the families of victims should be compensated by the Government. Police should be vigilant to prevent such crimes and follow the laws. While delivering the verdict in this petition, the Supreme Court also suggested that if people gather somewhere and create a hostile environment, they should be arrested immediately.

3. Progressives build pressure through the Courts to act against the devout Hindus

Three days after this judgement, a petition was filed regarding an alleged lynching in Lalwandi in the Ramgarh District of Rajasthan. The Supreme Court ordered senior officials of Rajasthan to file their affidavits in the case.

Did Tehseen Poonawala, who claims to fight for the people, get great success against hate speeches in this manner ? Social workers such as Tushar Gandhi file petitions to check if action is being taken on the Supreme Court verdicts. The Chief Justice is not satisfied with the affidavits submitted by the State Governments and the Police. He seeks a better affidavit. He also asks if the accused in the related case have been arrested or not. What is he indirectly trying to suggest ? Because of this, a question arises in the minds of ordinary people if the Court wants Suresh Chavhanke to be arrested by the Police !

II Shrikrushnarpanamastu II
– H.H. (Adv.) Suresh Kulkarni, Bombay High Court (21.2.2023)