"Show How Political Parties Violate Safeguards": Supreme Court Resists Fresh Hate Speech PIL

The Supreme Court today directed amendments to another petition seeking guidelines to regulate public speeches of constitutional functionaries.

A Bench of Chief Justice of India Surya Kant, Justice BV Nagarathna and Justice Joymalya Bagchi told the petitioner that the plea should be filed against all functionaries engaging in such hate speeches and not target particular persons.

"Withdraw this.. File a simple plea on what conditional safeguards have been laid down and how it's violated by political parties," the CJI said.

Justice BV Nagarathna further added that political parties need to foster fraternity in the country. "There has to be restraint on all sides. Political leaders must foster fraternity in the country. Suppose we lay down guidelines..who will follow it," she said. She further stressed on the need to correct the though process to prevent such speeches.

Just yesterday, Supreme Court had refused a petition filed by CPI leader Annie Raja seeking action against the alleged hate speeches and a controversial video featuring Assam Chief Minister Himanta Biswa Sarma. CJI further cautioned that court will have to now ask all political parties to show some restraint. This is becoming a trend now right before elections, the CJI added.

Recently too, while hearing a mentioning pertaining to the instant petition last week, CJI had 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.

The petition filed by Communist Party of India leader Annie Raj through advocate Lzafeer Ahmad, sought judicial intervention over alleged statements by individuals holding high constitutional and public offices, claiming they promote hatred and violate constitutional values and public decorum.

The plea raised 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 also contended 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 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.

Case Title: ROOP REKHA VERMA Vs UNION OF INDIA

Bench: CJI Kant, Justice Nagarathna and Justice Bagchi

Hearing Date: February 17, 2026