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Synopsis

The Supreme Court on Friday directed the Police authorities in the states of Uttar Pradesh, Uttarakhand and UT of Delhi NCR to take suo moto action against those indulging in hate speeches as provided under the Indian Penal Code.

Court lamented that the statements of hate speech put before it by the petitioners were very disturbing, especially for a country which is a democracy.

A bench of Justices KM Joseph and Hrishikesh Roy accordingly directed that without waiting for a complaint to be registered, suo moto action has to be taken by the concerned authorities. 

"Any delay or hesitation on their part in taking action will be held to be as contempt of court...", the bench further held.

Moreover, the state authorities have also been asked to issue directions to their subordinates in this regard that without looking at the religion of the accused, action has to be taken. "So that the secular nature of India is preserved," the court said. 

Court has also called for a response from the three states on the action taken in the specific instances highlighted by the petitioners before it.

The division bench has given these directions whilst issuing notice in a plea that sought urgent intervention by the Court to stop the growing menace of targeting and terrorizing the Muslim community in India.

Filed by one Shaheen Abdulla, the plea also sought initiation of action under UAPA against persons engaging in hate speech against Muslims.

When the matter was taken up today, Senior Advocate Kapil Sibal, appearing on behalf of the petitioner, told the court that no action was taken against those who were indulging in hate speech against Muslims.

Sibal further told the court that while complaints were being registered, no action was taken by courts and only status reports were being called for.

The plea filed through Advocate Sumita Hazarika stated that "spread of hate towards Muslims and other minorities gets accelerated and becomes all the more far reaching in its impact as a as result of the support, directly or indirectly extended to radical miscreants, who engage in acts of hate crimes, physical violence as well as communally charged speeches, by the ruling Political party."

Court was further informed that support enjoyed by the speakers at events as well as by the organizers thereof is evidenced by the soft response of the Police authorities in tackling these miscreants despite having ample powers under penal statutes such as the IPC and the UAPA.

The petition also enlisted various speeches wherein an open call for Muslim genocide had been made, also calling for economic and social boycott of Muslims.

A prayer for an independent, credible and impartial investigation to be conducted into the incidents of hate speeches and hate crimes against the Muslim community had thus been made.

Case Title: Shaheen Abdulla vs. Union of India and Ors.