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Synopsis

Solicitor General Tushar Mehta on Wednesday told the Supreme Court that the speech made by a DMK leader in June last year calling for butchering all Brahmins should also be considered hate speech.

“If you want equality, you should butcher all Brahmins. This is what he said. Just because it was said some by someone famous, it cannot be pardoned..it is hate speech...”, SG Mehta added before a bench comprising of Justice KM Joseph and BV Nagaratha.

Hearing this submission, Justice KM Joseph smiled, to which the SG said, "This is not a matter which should be laughed at...".

KM Joseph then asked the SG if he knew who Periyar was.

Notably, Periyar, known as the father of the Dravidian Movement, had in his time made statement encouraging killing of brahmins.

While making submission on behalf of the government, SG Mehta had argued that the petitioner was being selective in highlighting cases.

SG Mehta referred to the petitioner's "noble service" and said that this public spirited man is not bringing instances from his own state(Kerala) before the court.

Court was further told that it should not consider cases of hate speeches only arising in Maharashtra but should also look at similar instances in States like Kerala and Tamil Nadu.

In this regard, SG specifically highlighted hate speech against Hindus in Kerala and asked why the Court had not take suo motu cognizance of the same.

"We have also found some statements which should be added to this petition. Leader of DMK party says that if you want equality you should butcher all the Brahmins....Please hear this clip from Kerala. It should shock the conscience of this court. A child has been made to say 'Hindus and Christians should prepare for final rites'," the SG said.

As the hearing progressed, Justice Joseph further remarked that the state was impotent as it was not acting in time over the issue of curbing hate speeches across the country.

"Why do we have a State at all if it is remaining silent?", the judge remarked while hearing a a petition seeking contempt action against authorities in the State of Maharashtra over their alleged failure to act against hate speeches during rallies.

This exchange happened during the hearing in a case where in February the Supreme Court had issued directions to the police authorities to videograph the event organized by Hindu Jan Aakrosh Sabha on February 5 in Mumbai and submit a report on the same.

Court had agreed to hear a plea seeking to prohibit the alleged hate speech event which was to be organised by Hindu Jan Aakrosh Sabha after it was informed that a rally was conducted by the said Aakrosh Sabha on January 28 which called for the social and economic boycott of Muslims.

In October 2022, Top Court had 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.

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