[Hate Speech] Religious sentiments can’t be so fragile, says Delhi HC; quashes summons issued against Raj Thackeray

While observing that faith and religion are more resilient and cannot be hurt or provoked by the views of an individual, the Delhi High Court has recently quashed the summons issued to Maharashtra Navnirman Sena Chief Raj Thackeray by different courts in an alleged hate speech case.

The bench of Justice Jasmeet Singh said, “India is a country which is unique due to various religions, faiths, and languages which coexist side by side. Its unity lies in this “coexistence.” Religious feelings and religious sentiments cannot be so fragile as to be hurt or provoked by a speech of an individual. Religion and faith are not as fragile as human beings. They have survived for centuries and will survive for many more”.

The allegations are that Thackeray made certain comments in 2018 regarding the religious festival “Chatt Pooja”, which hurt the religious sentiments of the people belonging to a particular community and state. It has also been stated that the alleged speech was published in a magazine and that it was provocative in nature and caused hurt to religious feelings.

As per the complainants, the speech made by Thackeray was against the “basic structure” of the Constitution which amounted to sedition as it affected the “unity and integrity” of India.

While quashing the summons issued by courts in Patna, Begusarai, Ranchi, Muzaffarpur, Jamshedpur, and Bokaro against Thackeray, the single judge bench through a separate order, noted that prior sanction was required of the Centre or State government for initiating proceedings under Sections 153A and 295A of the Indian Penal Code (IPC) and admittedly no such sanction had been taken. It held that six of seven summoning orders were “liable to be quashed”.

On the summoning order issued by the Muzaffarpur court under Section 504 (insult intended to provoke breach of peace) of IPC, the court held that there had been “no inquiry” conducted by the Magistrate before proceeding to issue summons.

“In the present case, there has been no inquiry conducted by the learned Magistrate before proceeding to issue summons. As held by the Hon’ble Supreme Court conducting inquiry is not an empty formality but the same is a mandate of law”, the court observed while quashing the summoning order.

However, Justice Singh refused to interfere with the complaints pending before the courts. The single judge bench with a separate order, quashed the summons issued by the Dhanbad Court to Thackeray for the alleged commission of offences of murder, rioting, and hate speech under the IPC.

The complaint before the Dhanbad court alleged that following a speech by Thackeray in October 2008, several people forcibly entered the Howrah-Bombay Mail stopped at Khandwa Railway station wherein 10 to 15 persons with rods and sticks in their hands, entered into compartment forcibly and started raising slogans and created a ruckus, wherein one person died.

While quashing the summoning order, the court noted that the police after conducting a detailed inquiry under Section 174 CrPC filed a report stating that the deceased fell down from the train after losing his balance, and the same had not been challenged.

Case Title: Swararaj @Raj Shrikant Thakeray & Anr. v. State & Anr.