NEW DELHI, Apr 28: The Supreme Court on Friday directed all the states to suo motu file FIRs in incidents of hate speeches and proceed against the offenders without waiting for someone to lodge a complaint.
A Bench of Justices K.M. Joseph and B.V. Nagarathna said the court’s order would apply to all hate-speech makers irrespective of their religion. The secular nature of the nation has to be protected, the court stressed.
The Supreme Court will hear the matter next on May 12.
The court even highlighted the specific penal provisions under which hate speech offenders ought to be booked. They are Sections 153A (promoting enmity between different groups on the ground of religion), 153B (imputations, assertions prejudicial to national integration), 505 (public mischief), 295A (deliberate and malicious acts intended to outrage religious feelings) of the Indian Penal Code (IPC).
“We direct that States shall ensure that as and when hate speech happens, it attracts offences under 153A, 153B, 295A and 505 of the IPC. Suo motu action shall be taken to register cases even if no complaint is forthcoming. Offender should be proceeded against under the law,” the Supreme Court ordered, issuing notice to the States.
The Bench directed Director Generals of Police in the States to inform their subordinates about the court order so that “appropriate action in accordance with the law will be taken at the earliest.” The court also cautioned that any hesitation on the part of police officers to abide by the order would be viewed as contempt.
Advocate Kaleeswaram Raj, appearing for senior journalist Sashi Kumar, however pointed out that free speech should not be snuffed out in the guise of tackling hate speech. “The possibility to curtail even free speech cannot be lost sight of. New draconian laws or preventive measures could create more problems than they resolve… We have enough jurisprudence on hate speech. What is required is rule of law on the ground,” he argued.
In October, the court had passed a similar order for the immediate registration of FIRs against people who trigger communal violence with hate speeches. The court, at that point, had found it “tragic what we have reduced religion to” in the 21st century and rued the “climate of hate” in the country.
The October order was on the basis of petitions which highlighted occurrence of hate speeches targetting the Muslim community, including in events organised in Delhi and Haridwar in 2021.
The apex court’s Friday’s order was an extension of its October order which was specifically directed to Delhi, Uttar Pradesh and Uttarakhand police where complaints were filed against hate speeches.
The petitioners have recommended a nodal officer be appointed for each state, to which the bench suggested one for each district. The petitioners further said a procedure needs to be set out for the take-down of hate speech from social media.
On applications filed seeking FIR against union minister Anurag Thakur and others for hate speech, Justice KM Joseph said the Magistrate held that sanction is necessary for FIR and High Court also took the view that sanction is needed for 156(3).
“The judges are apolitical and not concerned with Party A or Party B and the only thing they have in mind is the Constitution of India,” the bench said. It said the court has been entertaining petitions against hate speeches in different parts of the country for the “larger public good” and to ensure the establishment of the “rule of law.”
(Manas Dasgupta)