In a significant ruling, the Supreme Court of India has ordered the release of Muslim cleric Salman, also known as Mufti Mohammad Salman Azhari, who was detained by Gujarat authorities for allegedly delivering hate speech.
The bench, comprising Justices Vikram Nath and Prasanna B. Varale, found insufficient grounds to uphold the detention, stating, “Having gone through the material on record, we find that the order of detention cannot be sustained as apparently there is nothing to suggest that the speeches delivered by the appellant are in any manner disturbing the public order.”
The court’s decision comes in the wake of the Gujarat High Court’s earlier ruling on July 29, 2024, which upheld the detention order issued by the District Magistrate of Junagadh on February 16, 2024. The High Court had asserted that the detention was based on a reasonable assessment and proper application of mind to the relevant circumstances.
Mufti Salman was initially arrested from Mumbai on January 31, 2024, during an event held near the ‘B’ Division police station in Junagadh. He was detained under the Gujarat Prevention of Anti-Social Activities Act (PASA) of 1985, which allows for preventive detention to maintain public order. However, the Supreme Court criticized the Gujarat police for their failure to provide substantial evidence that could justify the charges against him.
In defending the detention, Additional Solicitor General S.V. Raju and state counsel Swati Ghildiyal argued that the cleric’s speeches had the potential to incite public disorder. However, the Supreme Court found the lack of evidence compelling, determining that the speeches did not warrant such severe action. “The grounds of detention furnished in Gujarati, a language not known to him, was also rejected,” said Justice Vikram Nath, emphasizing the procedural flaws in the handling of the case.
Mufti Salman’s legal representation, led by senior advocate Huzefa A. Ahmadi, argued for his release, asserting that the detention lacked justification and that the accusations against him were unfounded. The High Court had previously dismissed the petition for a writ of habeas corpus, which sought to challenge the legality of the detention order. However, the Supreme Court’s latest decision has overturned that ruling, allowing Mufti Salman to return home after nearly eight months in Vadodara Central Jail.
Upon his release, Mufti Salman returned to his hometown of Karna in Karnataka. His brother, Mufti Zubair Miftahi, confirmed the news and expressed relief at the judicial outcome. “We are grateful for the court’s decision, as it reinforces our belief in the rule of law,” Mufti Zubair stated.
This case has sparked discussions on the broader implications of preventive detention laws in India, especially regarding their use against individuals accused of hate speech. Legal experts argue that while maintaining public order is vital, it is equally important to ensure that the rights of individuals are protected under the law.
The Supreme Court’s ruling serves as a reminder of the need for due process and the importance of safeguarding individual rights in the face of serious accusations. Legal analysts believe this case could set a precedent for similar future cases, emphasizing the judiciary’s role in balancing public order with civil liberties.
As India grapples with rising concerns about hate speech and communal tensions, this landmark judgment may encourage a more nuanced approach to such sensitive issues, ultimately fostering a more democratic discourse in the country.
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