SC: File hate speech cases without complaints in all states & UTs

The Supreme Court on Friday (April 28) broadened the reach of its 2022 order to include all states and Union Territories, mandating them to file cases against individuals who engage in hate speech, regardless of whether a complaint has been lodged or not.

A bench of Justices KM Joseph and BV Nagarathna termed hate speeches a “serious offence capable of affecting secular fabric of the country”.

The bench said its October 21, 2022 order shall be made applicable irrespective of religion and warned any delay in registering cases will be treated as contempt of the court.

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“Where have we reached in the name of religion? What have we reduced religion to is really tragic,” the apex court had then observed and directed Uttar Pradesh, Delhi and Uttarakhand to crack down hard on those making hate speeches, calling them shocking for a country that is religion-neutral.

Holding that the Constitution of India envisages a secular nation, the court had directed Uttar Pradesh, Uttarakhand and Delhi to promptly register criminal cases against the offenders without waiting for a complaint to be filed.

On Friday, the bench said, “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”.

It said the court has been entertaining petitions against hate speeches in different parts of the country for “larger public good” and to ensure establishment of “rule of law”.

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The apex court warned any delay on the part of the administration in taking action on this “very serious issue” will invite the courts contempt.

The top courts order came on a plea filed by journalist Shaheen Abdullah, who had initially sought direction against Delhi, Uttar Pradesh and Uttarakhand to register cases against those delivering hate speeches.

Abdullah had again moved an application seeking implementation of the apex court’s October 21, 2022 order across states and union territories.

(With agency inputs)