Stop Jihadi cause to prevent Pahalgam in future: Adv Ashwini Upadhyay.

Pahalgam Attack Sparks Outrage: Advocate Ashwini Upadhyay Calls for Change identifying ‘Jihadi’ Root Cause of Such Attacks.

Upananda Brahmachari | HENB | New Delhi | April 24, 2025:: The Supreme Court of India observed a two-minute silence to pay tribute to the victims of the Pahalgam terrorist attack, which resulted in the loss of over 30 lives, predominantly from the Hindu and non-Muslim communities, with one Muslim victim also among the deceased. The victims were identified by their names and religions before being shot at point-blank range.

Obviously, the deadly Pahalgam attack, which claimed the lives of over 30 people, has sparked widespread outrage. Senior Advocate, Ashwini Upadhyay has taken to the lawns of the Supreme Court to express his concerns and criticize the judiciary and polity for not addressing the ‘Jihadi’ root cause of such attacks.

Hate Speech in Adhan: A Call to Action
Upadhyay believes that the hate speech propagated through the Adhan, the Islamic call to prayer, is a significant contributor to the growing intolerance and extremism in society. He argues that this hate speech violates Article 19 of the Indian Constitution, which guarantees the right to free speech but not the right to hate speech. “The Adhan is not just a call to prayer; it’s a call to hatred and intolerance,” Upadhyay asserts.

Advocate  Upadhyay posits that the root of such jihadi attacks lies in the five time daily prayer calls (Adhans) from mosques, which propagate hate speech denouncing other faiths. Specifically, he notes that these calls instruct not to worship Brahma, Vishnu, and Mahesh, the trinity of Hinduism, nor Lord Ram, Lord Krishna, Bhagwan Buddha, the Ten Sikh Gurus, or the 24 Tirthankars of Jainism, as they are deemed not worthy of worship according to Islam. Upadhyay further suggests that this intolerance, as propagated through the Adhan, can lead to extremism among  Muslims, constituting hate speech that violates Article 19 of the Constitution, which guarantees the right to free speech but not the right to spread hate.

A Plea for Constitutional Interpretation
Upadhyay has urged the Supreme Court to interpret the Indian Constitution in a way that protects Indian society from subversive and religious menaces. He emphasizes the need to differentiate between “Dharma” and “Religion,” as Dharma unites people while Religion divides them. “We need to understand the true spirit of the Constitution and implement it in a way that promotes humanity and national unity,” Upadhyay says.

He has urged the Supreme Court to deliberate on the correct interpretation of Articles 25, 26, 28, 29, and 30 of the Constitution.

Critique of Minority Commission and Ministry
Upadhyay has also criticized the Minority Commission and Ministry for allocating funds for minorities with crores of rupees from Govt exchequer, which he believes is forbidden under Article 27 of the Indian Constitution. “The government should not be funding religious activities or promoting conversions,” Upadhyay argues.

A Call for Conjunctive Punishment
Upadhyay has recommended a conjunctive nature of punishment for cases of terrorist attacks, religious conversion, and infiltration. “The current system of punishment is flawed, and we need to make changes to ensure that those who commit such heinous crimes are held accountable,” Upadhyay emphasizes.

In another video Advocate Upadhyay narrates, India’s biggest enemies are MPs, MLAs, Ministers, Judges.

Misuse of Constitution: A Threat to National Unity
In his videos, Upadhyay has also condemned the misuse of the Indian Constitution by politicians, judges, and the secular ecosystem, which he believes supports anti-national and subversive forces in various parts of the country,  , including Kashmir, Kerala, Bengal, and the Northeast.”The Constitution is being used to promote divisive forces and undermine national unity,” Upadhyay warns.

As the nation grapples with the aftermath of the Pahalgam attack, Upadhyay’s words serve as a call to action. Will the government and judiciary take heed of his concerns, or will the status quo continue? Only time will tell.

Advocate Ashwini Upadhyay’s impassioned plea seeks to eradicate the menace of jihadist fervor in India, thereby preventing the recurrence of heinous attacks like the one in Pahalgam.

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