The Hindu Editorial Vocabulary– Jun 13, 2022; Day 309

False equivalence: On Prophet remarks and Delhi Police FIRs

Omnibus (Providing for many things at once) prosecution of offensive remarks will make the original offence difficult to prosecute (to officially charge somebody with a crime and try to show that he/she is guilty, in a court of law)

The investigation by the Delhi Police against 30 people for remarks allegedly (According to what has been declared but not proved) hurting religious sentiments is an unnecessary attempt to create an artificial balance between the specific instance of controversial views being expressed recently on the Prophet and the unrelated opinions expressed online by others in recent times. The BJP has acted against its spokesperson Nupur Sharma and Delhi media unit head Naveen Jindal following global outrage among Muslims over their remarks on Islam. There is little doubt that their remarks came as part of a long-running trend among BJP functionaries and several Hindu organisations to vilify (Spread negative information about) minorities, especially Muslims, and few would question any lawful action against them. The Delhi Police have chosen to register FIRs against Mr. Jindal and Ms. Sharma, but also added 30 other social media users. There may be a justification for the registration of a case against anyone if there appears to be a deliberate attempt to outrage (Strike with disgust or revulsion) religious feelings or inciting ill-will (unfriendly feeling; hate; dislike). However, registering an omnibus FIR that covers priest Yati Narsinghanand, journalist Saba Naqvi, AIMIM chief Asaduddin Owaisi, and Hindu Mahasabha activist Pooja Shakun Pandey, and others at one go defies (to elude, esp in a baffling way) logic. The police believe that many others cutting across religions had created animosity (a strong feeling of dislike and anger) and spread inflammatory (Arousing to action or rebellion) misinformation. This may be true in some instances, but clubbing (Unite with a common purpose) of several such instances, instead of investigating and prosecuting them separately, gives the impression that these emanate (Proceed or issue forth, as from a source) from a general culture of hate and intolerance, and an endless cycle of tit-for-tat (An equivalent given in return) religious insults. Actually, some of these could be wilful transgressions (the violation of a law or a duty or moral principle) of the law aimed at creating disharmony and inciting violence for political purposes.

Mr. Owaisi has questioned the registration of a case against him, maintaining that the Delhi Police are displaying ‘both-sidesism’ due to their fear of prosecuting the former BJP functionaries in isolation. Pursuing all these remarks in a single probe and trial would mean that material must be gathered from various social media platforms against all of them — leading to a prolonged trial. The tactic (A plan for attaining a particular goal) of putting a ‘part-of-a-larger-plot’ spin (A distinctive interpretation) on specific offences is not new. The Bhima Koregaon case was transmogrified (Change completely the nature or appearance of) into a purported (Have as a plan or objective) conspiracy to foment (Try to stir up public opinion) a Maoist insurrection (Organized opposition to authority); in the aftermath of the East Delhi riots, communal violence was linked with the Citizenship (Amendment) Act protests. If the idea was to open up the larger field of political dissent (A difference of opinion) in those cases, the strategy now seems to be to drag those who made vocal responses into the criminal ambit (An area in which something acts or operates or has power or control) so that the original offence appears diluted and becomes difficult to prosecute. Investigative agencies should pursue legal action against individuals in a proportionate manner and not through omnibus prosecutions just to give an impression of being ‘balanced’.

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