The High Court had refused him bail observing that he had made derogatory remarks.
The Supreme Court on Thursday issued notice to the Uttarakhand government on a plea of Jitendra Narayan Singh Tyagi, formerly known as Wasim Rizvi, against the High Court order rejecting his bail in connection with the investigation into the hate speeches at the Hardiwar Dharam Sansad held in December last year.
A bench of Justices Ajay Rastogi and Vikram Nath sought the State's response on the bail plea of Jitendra Tyagi while observing that they are "spoiling the whole atmosphere".
"Before they ask to sensitise others they have to sensitise themselves first. They are not sensitised. This is something which is spoiling the whole atmosphere," the bench said while referring to the controversial Haridwar Dharam Sansad event.
Mr Tyagi, who was once the chief of UP Shia Waqf Board before accepting Hindusim, has challenged the March 8 order of the Uttarakhand High Court which denied him bail.
"File the counter. We are not concerned about what happened, we have to take the totality of matter, punishment, period of custody, etc.," said the top court.
During the hearing today, the bench asked senior advocate Sidharth Luthra appearing for Mr Tyagi, "What is the Dharam Sansad by the way?.
Mr Luthra responded saying, "I am an Arya Samaji, I don't know. I have seen videos, people in Bhagwa kapdas got together and gave speeches".
To this, Justice Rastogi said, "Spoiling the atmosphere. Stay together peacefully, enjoy life."
Hearing the case, the top court also said that the maximum punishment for the offence he is charged with is three years and he has been in jail since January.
"For four months he has already been in custody. What further investigation do you want from him? It is already complete," the bench said.
Mr Tyagi was arrested on January 13 in a case registered for offences under Section 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence) and 298 (uttering words with deliberate intent to wound religious feelings of any person) of the Indian Penal Code.
The High Court had refused him bail observing that he had made derogatory remarks.
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