Extending the scope of its 2022 order beyond Uttarakhand, Uttar Pradesh, Delhi and Maharashtra, a bench of Justices KM Joseph and BV Nagarathna also made it clear to the authorities that any hesitation to act will be viewed as contempt of the top court and appropriate action will be taken against the erring officers.
It stressed that the state governments are duty-bound to act against hate speeches and that the court had passed the order as no action was being taken to deal with the problem. The bench also asked the parties not to bring politics in the hearing.
The assertion that the police authorities were required to take action irrespective of religion came after the hearing saw different sides accusing each other of using hate speech.
As arguments were raised that the court was passing orders based on a petition that selectively highlighted hate speech incidents relating to a specific religion in chosen states, the bench made it clear that its direction was to take action against the wrong-doers irrespective of their religion.
02:08
Supreme Court expresses concern over hate speeches, directs cops to take suo motu action
“Both of us are apolitical. We do not care whether it is Party A or Party B. We know only the Constitution of India and our allegiance is towards the Constitution and rule of law. Do not bring politics or we will not be party to it. We said irrespective of religion. What more you want us to do,” Justice Joseph said while expressing his displeasure. The court impleaded all states in the case and asked them to follow its direction.
Hate speech goes to heart of our Republic
“Hate speech is a serious offence affecting the fabric of the nation and goes to the heart of our Republic and about the dignity of people,” the bench said.
“Respondents (states) shall ensure that immediately, as and when any speech or any action takes place which attracts offences like Sections 153A (promoting enmity between different groups), 153B (assertions prejudicial to national integration), 505 (statements conducing to public mischief) and 295A (insulting its religion or religious beliefs) of IPC, suo motu action be taken to register cases and proceed against the offenders in accordance with law… We further make it clear that such action be taken irrespective of the religion or maker of the speech, so that the secular character of ‘Bharat’ as envisaged in the Preamble is preserved,” the bench further said.
Sharing the concern of the bench on the menace of hate speech, solicitor general Tushar Mehta, however, said the apex court should not act as magisterial court which would examine every incident of hate speech and it should be left to the state authorities to act as per the law and norms framed by SC.
The bench said that nobody should be allowed to play with the rule of law and states must take timely action to curb hate speech and the problem should not go out of hand.
Sending a stern message to the law enforcement authorities that they would also not be spared for failing in discharging their duty in cases of hate speech, the apex court had in October ruled that they will have to face contempt of court in case of inaction on their part to book the accused
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