Supreme Court asks petitioner to approach High Court and refused to entertain petition to prevent ‘mahapanchayat’ in Uttarakhand

Today, the Supreme Court of India refused to entertain a petition filed by the Association for Protection of Civil Rights seeking to prevent a ‘mahapanchayat’. A ‘mahapanchayat’ was to be held by the Hindutva groups in Uttarakhand’s Purola town in Uttar Kashi district, which is in the middle of communal tensions. The matter was heard by the vacation bench including Justice Ahsanuddin Amanullah and Justice Vikram Nath. While refusing to entertain the petition, the bench said that the petitioner can approach the High Court. This matter was heard today on the request of urgent listing by Advocate Sharukh Alam because ‘mahapanchayat’ was scheduled to be held on June 15, 2023 (tomorrow). The Advocate further told the bench that certain groups gave an ultimatum to a particular community for leaving the place before ‘mahapanchayat’. She also highlighted that mandamus was issued by the Supreme Court to the Uttarakhand Government to take steps to ensure that no hate speeches are made.

During the proceedings, Justice Nath asked the petitioner, “Law and order is for the administration to handle. You move the High Court. Why do you come here?” Also, Justice Amanullah asked, “Why do you express distrust in approaching HC? If there is a mandamus by this Court, High Court will pass orders. You should have some trust in the High Court. Why can’t you trust the administration?” The Advocate further replied that she approached the top Court in association with the mandamus issued by it to the Uttarakhand Government in the hate speech matter. To this, the bench replied that if there is already a direction given by the Supreme Court, the High Court can also pass appropriate orders. Further, the petitioner asked for permission to withdraw the petition and the bench proceeded to dismiss it as withdrawn. The bench also granted the petitioner the liberty to avail alternate remedies under the law.