Supreme Court: Political battles increasingly moving to courts during elections

The Supreme Court has observed that when elections approach, political battles increasingly find their way into the country's highest court, while hearing a mention of a petition related to alleged hate speech and a controversial video from Assam.

Chief Justice of India Surya Kant made the observation when a petition was mentioned before his bench seeking urgent intervention over alleged disturbing speeches and a recent video controversy involving political leaders in Assam.

"The problem is when elections come, it is often fought in Supreme Court," the Chief Justice remarked, adding that the court will examine the matter and give a date.

Advocate Nizam Pasha mentioned the plea before the bench, stating there is a petition against hate speech by members of a political party and a recent video posted where a person is shown shooting at members of a particular community. He submitted that complaints have been filed but no FIRs have been registered.

The petition has been filed by the Communist Party of India (Marxist) and Communist Party of India leader Annie Raj advocate Lzafeer Ahmad, seeking judicial intervention over alleged statements by individuals holding high constitutional and public offices, claiming they promote hatred and violate constitutional values and public decorum. Earlier, Jamiat Ulama-i-Hind had also approached Supreme Court against the speech.

The plea raises concerns about alleged statements and actions that serve to reinforce and amplify a climate of hostility, exclusion and intimidation directed against minority communities.

At the centre of the controversy is a video posted on February 7 from the official social media handle of Assam BJP. The clip purportedly showed a person taking aim with a rifle and firing at two individuals, one wearing a skull cap and the other sporting a beard, with the caption "point blank shot." The video was deleted after receiving backlash for allegedly promoting communal hatred.

As per the petition, the constitutional scheme imposes an inviolable duty upon Ministers of the Union and States to preserve national unity and constitutional fraternity. Any conduct that foments communal hatred or social fragmentation strikes at the very root of the constitutional trust reposed in holders of public office and falls outside the permissible sphere of ministerial power.

The plea contends that such conduct attracts criminal liability under the Bharatiya Nyaya Sanhita, particularly under Sections 196, 197, 299 and 353, corresponding to erstwhile Sections 153A, 153B, 295A and 505 of the Indian Penal Code.

The petition catalogues speeches and statements allegedly calling for social, economic and civic exclusion of Bengali origin Muslims, including exhortations to deny them livelihoods, transport, land and voting rights. It is claimed that these statements have had real world consequences, with reports of economic discrimination, harassment and exclusion being justified by perpetrators as acting on directions from high authorities.

The Chief Justice's observation came against the backdrop of intensifying political exchanges in Assam ahead of assembly elections due within three months. The 126 member Assam Assembly is scheduled to go to polls this year.

Meanwhile, Assam Chief Minister Himanta Biswa Sarma has strongly dismissed allegations of inciting violence against Muslims. Speaking to reporters on the sidelines of an official function in Dibrugarh, he expressed ignorance about the video in question.

I do not know anything about any video, Sarma stated. He added that he was also unaware of any police complaint filed against him in Hyderabad by AIMIM president Asaduddin Owaisi.

If any case has been filed against me, then arrest me. I do not have any objection. I will be prepared to go to jail. I will always stick to my words. I am opposed to Bangladeshi infiltrators and will always remain so, the Chief Minister said.

Owaisi had lodged a complaint with the Hyderabad Police seeking criminal action over the now deleted video.

Case Details: Jamiat Ulama-i-Hind v. Union of India & Other connected cases