The Supreme Court on Friday refused to entertain a public interest litigation seeking the arrest of Hindutva supremacist leader Yati Narsinghanand and former chief of the Shia Waqf Board Jitendra Tyagi, Live Law reported.
The petition was filed by the Indian Muslim Shia Isna Ashari Jamaat. The organisation also demanded banning a book named Muhammad written by Tyagi and had sought an order restraining him and Narsinghanand from making incendiary remarks against Islam.
In December, Tyagi had converted to Hinduism and changed his name from Wasim Rizvi.
On Friday, a bench comprising Chief Justice UU Lalit and Justice S Ravindra Bhat said that the Supreme Court could not entertain a petition seeking arrest and criminal prosecution under Article 32 of the Constitution, Bar and Bench reported. The provision deals with the right of citizens to approach the Supreme Court to seek the enforcement of fundamental rights.
The Supreme Court said that it could not take up the case as doing so would contravene its judgement in the Lalita Kumari versus Government of Uttar Pradesh case. In the case, the court had said that under Section 154 of the Code of Criminal Procedure, it is mandatory for the police to file a first information report if they receive information that cognisable offence has been committed.
The bench asked the petitioner if he had lodged a complaint. The counsel for the petitioner replied that he would drop the demand for arrest. The counsel also urged the court to consider the other prayers, but the bench said that such pleas could not be entertained under Article 32 of the Constitution.
Justice Bhat asked the petitioner if he had approached the Centre to seek a ban on Tyagi’s book Muhammad, to which he said that he had not done so. Some of the religious organisations, including the All India Shia Personal Law Board, have criticised the book as the cover page shows a man with a semi-naked woman.
“Petitioner at liberty to pursue an appropriate remedy,” the court said in its order. “Plea dismissed.”
The Indian Muslim Shia Isna Ashari Jamaat, in its petition, described Tyagi and Narsinghanand as threats to social harmony and public peace and sought their arrest as a preventive measure. Their actions have affected the right of Muslims to live with dignity, the petition stated.
Tyagi was arrested in January for calling upon Hindus to buy weapons to commit genocide against Muslims. He made the statement while speaking at a “dharam sansad”, or religious parliament, held in Haridwar between December 17 and December 19.
The former Shia Waqf Board chief was out on medical bail. He surrendered before a Haridwar court on Friday after he bail tenure ended, reported the Hindustan Times.
Narsinghanand was arrested on January 15 after he called for the genocide of Muslims at the religious conclave at Haridwar. He got bail in the case on February 7 on the condition that he would not participate in any gathering “which aims towards creating differences between communities”.
However, the Hindutva supremacist has made inflammatory remarks about Muslims on several occasions since his release.
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