SC quashes detention of Gujarat cleric in hate speech case

On July 29, 2024, the Gujarat HC, portion upholding Azhari’s detention bid dated February 16, 2024 issued by the Junagadh District Magistrate, had said that “the worldly disposable connected grounds successful the contiguous lawsuit are capable and capable for holding that the alleged prejudicial activities of the detenue person either affected adversely oregon apt to impact adversely the attraction of nationalist bid wrong the meaning of Section 4(3) of the Act”.

The cleric past approached the Supreme Court. Appearing for Azhari, elder advocator Huzefa A Ahmadi said the worldly relied upon by the detaining authorization was insufficient to reason that his activities were prejudicial to attraction of nationalist order.

Additional Solicitor General S V Raju and advocator Swati Ghildiyal appearing for Gujarat sought to warrant the detention. Allowing the appeal, the SC acceptable speech the HC bid connected the detention. It directed that Azhari “be acceptable astatine liberty forthwith”.

The detaining authorization had considered 2 FIRs registered against the petitioner and worldly placed successful transportation with the said offences and came to subjective restitution that the enactment of the petitioner was prejudicial.

It said helium was “giving inflammatory speeches with implicit volition of shaking communal unity” and was trying to “endanger nationalist order” by holding spiritual meetings successful antithetic cities of Gujarat and nether the guise of de-addiction programme, giving provocative speeches that could disrupt nationalist peace.