SC directs all states and UTs to register cases against those making hate speeches even without any complaint

Supreme Court directed all states and union territories(UTs) to register cases against those making hate speeches even without any complaint, terming these speeches as a serious offence capable of affecting the secular fabric of the country.

Extending the scope of its 2022 order beyond three states—Uttar Pradesh, Delhi and Uttarakhand—a bench of Justices K.M. Joseph and B.V. Nagarathna also made it clear to 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.

Respondent Nos all states and UTs) shall ensure that immediately as and when any speech or any action takes place which attracts offences such as Sections 153A, 153B and 295A and 505 of the IPC etc., suo motu action will be taken to register cases even if no complaint is forthcoming and proceed against the offenders in accordance with law, it directed.

We make it clear that any hesitation to act in accordance with this direction will be viewed as contempt of this Court and appropriate action will be taken against the erring officers. We further make it clear that such action will be taken irrespective of the religion that the maker of the speech or the person who commit such act belongs to, so that the secular character of Bharat as is envisaged by the Preamble, is preserved and protected.

Senior advocate Sanjay Parikh, appearing for the Maharashtra chapter of NGO PUCL, said despite the apex court's order incidents after incidents are happening across the state and the police is not taking action against those giving hate speeches in public functions, which are being attended by Members of Parliament and MLAs.

The bench said it is precisely what the court has said on the very first day of the hearing of the matter that the Supreme Court cannot go into every incident. wehave laid down a broad framework and now it is up to the authorities to act upon it. We cannot monitor each and every incident, Justice Nagarathna said.

This is something which goes to the heart of our republic and dignity of the people. When two separate counsels appearing for different parties tried to seek the attention of the court to frequent hate speeches made in West Bengal and Bihar, the bench said it wants to clarify one thing that 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 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.

We don't have specific people in our mind. What we have in our mind is larger public good and are trying to ensure establishment of rule of law, so that things don't go out of our hand, it said.

The bench told Additional Solicitor General S.V. Raju, appearing for Maharashtra government, that it should not take the court's order lightly and take action against those delivering hate speeches. Raju said out of 24 incidents pointed out by the petitioners, the state has registered cases in 16 of them while in eight there was a closure report.

We have acted even on the incidents, which have come to our notice but were not mentioned by the petitioner, Raju submitted to which the bench remarked,  This is precisely what we asked you to do. You had not taken action and that is why the court had to pass the order. It's good that you are taking action.