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SC dismisses PIL seeking the preventive arrest of seer Yati Narsinghanand and Jitendra Tyagi, ban on book ‘Muhammad’: Details

The plea which was filed through advocate Sachin Sanmukhan Pujari alleged that Hindu seer Yati Narsinghanand and Jitendra Tyagi were a threat to the security and the law-and-order situation. The plea also demanded the duo's arrest as a preventive measure.

On Friday, the Supreme Court rejected a petition filed against Hindu seer Yati Narsinghanand and Jitendra Tyagi (formerly known as Wasim Rizwi) seeking their immediate arrest on the ground that they have been making calls of violence against Muslims. The petition also sought a ban on Jitendra Tyagi’s book named ‘Muhammad’.

According to the reports, Indian Muslim Shia Isna Ashari Jamaat had filed a Public Interest Litigation (PIL) demanding the two be restrained from making alleged derogatory remarks against Islam and Prophet Mohammed. However, the SC bench led by Chief Justice of India Uday Umesh Lalit and Justice S Ravindra Bhat rejected the petition and said that the matter cannot be entertained under Article 32 of the Constitution.

“These petitions cannot be entertained under Article 32. Petitioner at liberty to pursue an appropriate remedy. Plea dismissed”, the Court maintained on September 2. The plea which was filed through advocate Sachin Sanmukhan Pujari alleged that Hindu seer Yati Narsinghanand and Jitendra Tyagi were a threat to the security and the law-and-order situation. The plea also demanded the duo’s arrest as a preventive measure.

To bolster their case, the petitioner cited multiple occasions in which the two made alleged anti-Islam comments and attempted to incite communal emotions and controversy. “Both have had proceedings for violations under the Indian Penal Code initiated against them, and despite their criminal history, they continue to be anti-Islamic”, the petition claimed.

It further argued that the duo’s ‘hate mongering’ conduct had harmed the Muslim community’s right to live in dignity. Tyagi has recently been involved in a flurry of legal proceedings. A court in Srinagar recently heard a case against him for insulting Islam and the Prophet. In January, the Supreme Court sent a notice to the Central and Uttarakhand governments on a PIL requesting an investigation into the Haridwar Dharam Sansad.

Last year, the top court dismissed Tyagi’s petition challenging certain verses of the holy Quran by imposing a cost of Rs 50,000 on the petitioner who claimed that 26 verses of the Islamic Holy book attacked civilians. Also, in December 2021, the Delhi High Court dismissed a petition seeking to ban Tyagi’s book named ‘Muhammad’. The Allahabad High Court had sought his response to a petition calling that he refrains from expressing remarks against Islam on social media.

Recently a video surfaced in which Tyagi was seen stating that his life is in danger. He feared that he would be assassinated in an assault by Muslim fanatics.  According to the reports, Tyagi stated that minorities in India have greater freedom than the majority, thus they may speak out against Hindu gods and goddesses while claiming Article 19 of the Constitution as a cover.

Yesterday, Tyagi happened to publish another video in which he stated that he was depressed and had suicidal thoughts. This comes amid the SC’s order directing Jitendra Tyagi to surrender on or before September 2, 2022, in light of the end of the 3 months of medical bail which was granted to him in a matter of an investigation into the alleged hate speech at Haridwar Dharam Sansad.

Meanwhile, Hindu seer Narsinghanand has also attracted controversy over calls for genocide during the Haridwar Dharam Sansad. A first information report (FIR) was filed against him at the Haridwar Dharam Sansad for hate speech, and he was granted bail by the Haridwar Sessions Court on February 7.

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