The court also warned all states and Union Territories that any hesitation to act on this order will amount to contempt.
FILE PHOTO/PTI
The Supreme Court on Friday, April 28, directed all states and Union Territories (UTs) to register suo motu cases against those making hate speeches irrespective of party or religion even if no specific complaint is made against them. The bench of Justices KM Joseph and BV Nagarathna termed hate speech a serious offence capable of affecting the secular fabric of the country and added that the court had already passed an order in October 2022 for suo motu action against hate speeches to the governments of Delhi NCT, Uttarakhand, and Uttar Pradesh. Now, all states and UTs must register FIRs without waiting for a complaint. The court also warned that any hesitation to act on this order will amount to contempt. During the hearing, the bench also said that both judges are apolitical and they do not care about parties. "We only know the Constitution and the laws of the country... let us be very clear about it... whatever order we pass, it is allegiance to the oath we have taken," the bench observed. "This is something which goes to the heart of our republic...about the dignity of people," Justice Joseph commented. Solicitor General Tushar Mehta said there is no dispute about it and that there is no doubt about the importance of the matter. When counsel cited instances of hate speeches in various parts of the country, the bench orally observed: "Don't bring in politics. If the attempt is to bring in politics, we won't be a party to this...we said in our order, irrespective of religion action should be taken..." The bench warned that any delay in registering cases will be treated as contempt of the court and emphasised that its October 21, 2022 order shall be made applicable irrespective of religion. The court also said it will entertain petitions against hate speeches across the country for the "larger public good" and to ensure the establishment of the "rule of law". Last year, the apex court had directed Uttar Pradesh, Delhi, and Uttarakhand to crack down hard on those making hate speeches, calling them "shocking for a country", and also warned that any delay in action on this "very serious issue" will invite the court's contempt. The top court was hearing a batch of pleas in connection with hate speech.
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