Contempt plea against Maha: Must condemn hate speech for harmony, says SC

earing a contempt petition filed by Kerala-based Shaheen Abdullah, a bench of justices KM Joseph and BV Nagarathna, said that it was mindful of what is happening in the country and asked Solicitor General Tushar Mehta what is to be done to check hate speeches.

The Supreme Court on Tuesday said that abjuring hate speech was key to maintaining communal harmony as it agreed to take up a contempt petition against the Maharashtra government over a news report that said that at least 50 rallies were held in the state in the last four months where hate speeches were allegedly made.

The petition cited a similar rally organised by the same organiser, on January 29 where calls were made to socially and economically boycott Muslims. (ANI)

Hearing a contempt petition filed by Kerala-based Shaheen Abdullah, a bench of justices KM Joseph and BV Nagarathna, said that it was mindful of what is happening in the country and asked Solicitor General Tushar Mehta what is to be done to check hate speeches.

“Don’t you think that as the SG of this country, for maintenance of communal harmony, abjuring hate speech is a fundamental requisite?,” the bench said while posting the matter for hearing on Wednesday.

Mehta, in turn, questioned the motives of the petitioner and said, “If we are really serious about hate speech, the public-spirited petitioner must collect hate speeches across all (religious) communities and place it before this Court for similar action.”

Mehta objected to the court entertaining the petition and said: “The petitioner can approach the magistrate court and seek recourse under the Code of Criminal Procedure (CrPC) instead of filing a contempt petition and that too, based on news reports...We are converting this court into a magistrate’s court.”

Appearing for the petitioner, advocate Nizam Pasha said that while hearing a petition filed by Abdullah last month, the court had passed orders asking the state authorities to ensure no hate speech takes place at a Hindu Jan Aakrosh rally on February 5.

The petition cited a similar rally organised by the same organiser, on January 29 where calls were made to socially and economically boycott Muslims.

The bench asked Mehta, “If there is an order of this court, it is based on a certain understanding of what is happening in the country...The fact that we are keeping silent should not be misunderstood.” The Court said that it expected the Solicitor General to say that action will be taken.

Mehta told the Court that he is serious about controlling hate speech and the Maharashtra government took action by registering 18 FIRs. He cited instances of what he called similar hate speeches being made in Kerala and said: “Let him [the petitioner] bring all instances of hate speeches to the Court’s notice. He is being selective in pointing out hate speeches in Maharashtra. This raises questions on his bonafide.”