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Synopsis

Justice KM Joseph on Wednesday 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.

On the importance of brotherhood and tolerance, Justice Joseph observed, “Suppose everyday you sit in court & everyone in the vicinity says something bad about you...Most important thing for a man is dignity. If it is being demolished on a regular basis...Some statements are made like, “Go to Pakistan”. These persons actually chose this country. They are like our brothers & sisters…If we want to become a superpower, the first thing we need is rule of law...”

Notably, while making submission on behalf of the government, SG Tushar Mehta has argued yesterday 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.

Court was also urged to call for a response from the State of Kerala in relation to speech clips against Hindus and Christians.

In the first week of 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.

The petitioners had also pressed for action in terms of the Supreme Court's order passed in October last year whereby the Supreme 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.

Notably, 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.

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

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