LAGATAR24 DESK
New Delhi, April 28: In a significant development, the Supreme Court on Friday extended the application of the October 2022 order (which directed the Delhi, Uttar Pradesh and Uttarakhand Police to take suo motu action against hate speech cases) to all States and Union Territories. So now, all States/UTs are enjoined to take suo motu action to register FIR against hate speeches, without waiting for any formal complaint, reports LiveLaw.
The initial order passed on October 21, 2022 was only applicable to the Governments of NCT of Delhi, Uttarakhand, Uttar Pradesh.
The action should be taken regardless of the religion of the speaker. Any hesitation to act as per the directions would be viewed as contempt of court, the Court warned.
A bench comprising Justices KM Joseph and BV Nagarathna was considering a batch of petitions which sought action with respect to various instances of hate crimes across the country.The Bench recorded in the order –
“Respondents shall ensure that immediately, as and when any speech or any action takes place which attracts offences such as Section 153A, 153B, 295A and 506 of IPC etc, without any complaint being filed suo motu action be taken to register cases and proceed against the offenders in accordance with law.
Respondents will issue directions to the subordinates so that appropriate action can be taken at the earliest.
We further make it clear that such action be taken irrespective of the religion of the maker of the speech, so that the secular character of Bharat as envisaged by the Preamble is preserved.”
The order was passed in an application filed by Advocate Nizam Pasha (for petitioner Shaheen Abdullah) seeking directions to curb hate speeches. In his application for direction, Pasha has suggested that nodal officer be appointed in each state who should be responsible for actions on hate speeches. Senior Advocate, Sanjay Parikh appearing for PUCL submitted that the organisation would like to file an applications to supplement Pasha’s suggestions.
On March 29, the Court had sought the response of the State of Maharashtra in a contempt petition which alleged that the State authorities failed to take action against hate speeches made during rallies.
On the previous hearing date, expressing a sense of anguish at the rise in hate speech cases, the bench had commented with despair, “State is impotent, state is powerless; it does not act in time. Why do we have a State at all if it is remaining silent?”. The bench also repeatedly highlighted the importance of maintaining communal harmony and brotherhood.
Today’s proceedings
On Friday, Justice Joseph told the ASG, SV Raju appearing for Maharashtra, “You (State of Maharashtra) should not take our orders lightly”. The ASG responded, “We have highest regard for this court.”
With respect to the contempt petition, Justice Joseph enquired if the counter affidavit has been filed by the State of Maharashtra. The Additional Solicitor General, SV Raju submitted that is had been file yesterday. Justice Jospeh noted that the same should have been filed earlier so that the Judges have sufficient time to peruse the same.
