The court’s direction came following an argument by advocate R K Anand, contending that a prima facie case was made out against Swamy for his “anti-Muslim ” article.
Earlier, lawyer Asghar Khan had moved the court seeking registration of a case against Swamy, alleging that his “anti-Muslim” remarks promoted strife and hatred between different communities. “The statement made by Swamy is seditious and has been made with the intention to promote enmity between different groups,” Khan had said in his complaint.
Separately, MP from Wayanad, MI Shanavas, has petitioned the National Human Rights Commission, seeking recommendations to the Centre to prosecute Swamy.
The National Commission for Minorities (NCM) has also decided to take action against Swamy
NCM has decided to proceed against Swamy on three grounds, including registration of a first information report.
The NCM will file police complaints against Swamy for violating sections 158 A-B (inciting violence), 295-A (malicious insult of religion) and 505 (statements constituting public mischief) of the IPC. Some of these offences are non-bailable.
In an article published on July 16 in the DNA newspaper, Swamy proposed disenfranchising of Muslims unless they proudly declared their alleged Hindu ancestry and declaring India a “Hindu Rashtra (state)”, apart from demolishing 300 mosques.