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SC Makes Departure to Take up Haryana Riots Issue

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Manas Dasgupta

NEW DELHI, Aug 2: The communal riots in Haryana has shown the concern the Supreme Court felt about any disruption in the law and order situation and its readiness to make even departure from the usual to give priority to the peace and safety of the people.

In an unusual move on Wednesday, the working of a constitution bench of the Supreme Court – a special panel of at least five judges that can rule on matters involving the constitution – was interrupted by the Chief Justice of India DY Chandrachud to roster an urgent hearing for a petition on the riots in Haryana’s Nuh district.

The court halted the constitution bench’s discussions on the now-scrapped Article 370 of the constitution – which gave special rights to the former state of Jammu and Kashmir – to take up a request calling for a ban on rallies held by right-wing groups Bajrang Dal and Vishwa Hindu Parishad (VHP).

Following the violence that has claimed six lives, including two security personnel, and triggered widespread vandalism and arson, petitioner journalist Shaheen Abdullah’s lawyer, CU Singh, approached Justice Aniruddha Bose on Wednesday morning, requesting an early hearing.

Following Justice Bose’s advice to approach Chief Justice Chandrachud, Singh presented the case before him, emphasising the need for immediate intervention. While the Chief Justice was requested to consider the case in the morning, at lunchtime, CU Singh reiterated the urgency of the matter.

In response, Chief Justice Chandrachud – who was leading the constitution bench – went to his chamber, examined the documents related to the application and quickly formed a special bench consisting of Justice Sanjiv Khanna and Justice SVN Bhatti, ordering the registry to list the matter for hearing at 2 pm, sources said.

Justice Sanjiv Khanna, a constitution bench member, participated in the Nuh case hearing, which concluded at 2:15 pm.

In response to the petition on the Nuh situation, the Supreme Court directed the central and state governments to prevent any hate speech or violence during marches held by the VHP and Bajrang Dal following the communal clashes in Nuh. The order by Justices Sanjiv Khanna and SV Bhatti also asked for the deployment of additional police or paramilitary forces and the installation of CCTV cameras in sensitive areas. “There cannot be violence, hate speech, destruction of property or life, let additional police force be deployed or para military force… where there can be violence install CCTV and let recordings be preserved.”

Additional Solicitor General (ASG) S.V. Raju appeared for the Union of India and stated that he needed time for instructions. “It is accepted and admitted that directions given by SC on October 21, 2022 by Justice K.M. Joseph-led Bench as extended by order of Jan 13, 2023 have to be complied with. We hope and trust that State, along with police, shall ensure that there is no hate speech against any community or violence against any property. Wherever required additional police force or para military force be deployed and wherever required authorities shall use the CCTV cameras or make video recordings in all sensitive areas wherever required. The CCTV footage shall be preserved. Relist this application on Friday,’ the Supreme Court said in its order.

Once the urgent public matter dealt with, the constitution bench resumed hearing on Article 370 at 2:20 pm.