MR JUSTICE JOHNSON
Approved Judgment
Hegab v Spectator
to suggest that dogs had been brought to the event as a provocation by Zionists. The
only apparent purpose of the claimant doing so was to raise the temperature in what
was a volatile confrontation where violence had already erupted. He then further
raised the temperature by speaking about “vengeance” and life beginning at death. He
denies that he was encouraging violence and claims that the suggestion that he was
doing so amounts to “a failure to understand the English language” and that his
speech “clearly has eschatological and theological implications.” Despite his
protestations, the claimant was not genuinely seeking to explore matters of theology
and eschatology with the group of masked men that he was addressing. The video is
plain. He was deliberately acting irresponsibly, raising the temperature of a volatile
and potentially dangerous situation with provocative and inflammatory language.
49.
The defendants rely on a further short passage in the video where the claimant appears
to demonstrate throwing a punch or a martial arts move. The precise context of this,
and the accompanying audio, are not entirely clear. There is no discernible actual
violence at the time. I do not attach any significance to this part of the video, and do
not hold it against the claimant.
50.
Sapience Institute: The claimant’s key point in this case is that his speech concerned
the Hindutva, not Hindus, and that nothing he said demonstrates an intention to
ridicule Hinduism or Hindus. Any evidence of the claimant ridiculing a central tenet
of Hinduism would be damaging to his case. The claimant maintains that at the
Sapience Institute event he was discussing Hinduism to seek to learn more about the
faith as a “humble learner.” It is uncomfortable to watch parts of this video. Those
engaging with the claimant appear to be doing so earnestly and openly, to assist him
to understand tenets of Hinduism. For his part, there are times when the claimant
barely seeks to hide his contempt for what they are saying. He openly smirks. He asks
questions that might be expected of an immature schoolchild in a religious studies
lesson, but which are completely inconsistent with a serious discussion in a postgraduate academic theological seminar: [on a Hindu deity] “is she the one with blue
skin?”, “is she the one with 4 arms?”, “what does [an] animal have to do to get
promotion?”, “what would you choose to be, a bear or a gorilla… I would rather be a
bear because if a bear and a gorilla had a fight, the bear would win”. I reject the
claimant’s account that these were genuine enquiries.
51.
Vigilantism: The claimant maintains that he was not advocating anything that was
remotely akin to vigilantism. He says that, under the law, anyone is entitled to use
reasonable and proportionate force to defend themselves from attack. He is obviously
right about that. He says that not enough people take personal responsibility for
others, and that if someone sees an elderly or otherwise vulnerable person being
attacked it is their moral duty to intervene. There is nothing wrong in saying that.
However, these reasonable observations have nothing to do with the claimant’s
activities in Leicester. Neither he, nor anyone shown in the video, was at immediate
risk of attack. At one point he was leading a group through the streets which he
described as a “Muslim patrol”. His peroration “are we going to be here, yes or no”,
was a demand for a commitment to come out in numbers as a deterrent. He denies that
this fits within the definition of vigilantism and says that he was providing a lawful
outlet that was likely to avoid violence in circumstances where the police were
inactive, and they could identify the culprits and bring them to the police. His denial
of vigilantism is self-defeating. It is untenable.