SC’s strict stance on hate speech called the petition selective, directed to make improvements:

News India Live, Digital Desk: The Supreme Court on Tuesday expressed deep displeasure while hearing petitions in which only speeches given against selected leaders or specific communities were targeted. Chief Justice (CJI) Surya Kant A bench headed by K.K. said that any guidelines or action against hate speech should be ‘secular’ and ‘comprehensive’ rather than specific to any particular individual.

1. “Court should not become a platform for political battles”

CJI Surya Kant reprimanded the petitioners and said that as elections approach, the Supreme Court is flooded with such petitions. He commented: “Do not make the court a playground for political battles. Is this done so that it can get publicity at the all India level before the elections?”

2. Instructions to go to High Court (Assam CM case)

The court rejected the plea seeking SIT probe against Assam Chief Minister Himanta Biswa Sarma for the use of the word ‘Mian’ and other alleged inflammatory speeches. The Court told the petitioners:

Power of High Court: Why are you coming directly to the Supreme Court under Article 32? Guwahati High Court Has wide powers under Article 226.

Bench’s advice: Bypassing the High Court is like making them ‘redundant’. If you are dissatisfied with the decision there, then come to us.

3. How to control ‘thoughts’?

During the hearing the CJI raised a philosophical but legal question: “Speech originates from thought, how can you control thought?” The court stressed that the responsibility rests on political parties to ask their leaders to follow ‘constitutional morality’ and mutual respect.

4. 2 weeks time to amend the petition

On the request of senior advocate Kapil Sibal and other petitioners, the court has allowed them to amend their petitions. The Court said that the petition should be such that it applies equally to all political parties and categories and not just one or two individuals.

5. Invocation of constitutional values

Justice B.V. Nagarathna and other members of the bench reiterated that persons holding constitutional posts should promote ‘fraternity’ in the country. Hate speeches not only weaken secularism but also pose a threat to public order.