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SC junks petitions seeking action against PM Modi over alleged hate speech
A bench of justices Vikram Nath and Satish Chandra Sharma refused to entertain the petitions, saying it was not for the courts to intervene in such matters
The Supreme Court on Tuesday dismissed a pair of petitions seeking directions for the Election Commission of India (ECI) to act against alleged hate speeches delivered by political campaigners, particularly Prime Minister Narendra Modi and leaders representing the Bharatiya Janata Party (BJP), during the ongoing 2024 general elections.
A bench of justices Vikram Nath and Satish Chandra Sharma refused to entertain the petitions, saying it was not for the courts to intervene in such matters.
“We are not inclined to interfere. We cannot issue such directions under Article 32 (writ jurisdiction). The petitions are dismissed,” the bench stated in a short order, outrightly nixing the pleas which were taken out-of-turn after the lawyers for the petitioners requested an immediate hearing.
The bench also turned down a plea by the counsel appearing for the petitioners to give them liberty to approach the authorities concerned or specify that the petitions were not being entertained at the present stage. “We will not grant any liberty or anything. That is your job to do,” the bench told the lawyers.
The writ petition by Fatima (who goes by a single name) demanded the disqualification of PM Modi from elections under the Representation of the People Act, citing his “hate speech” as the reason. The petition pressed that the ECI must take immediate action against the PM also for violating the Model Code of Conduct (MCC).
Fatima’s petition references an incident on April 21, 2024, when PM Modi, during an election campaign rally in Rajasthan’s Banswara, allegedly made remarks that she claimed could incite enmity between religious communities and threaten the nation’s unity and integrity. “Various organisations and individuals have filed complaints with the ECI over the last 30 days, but no effective action has been taken against PM Modi to date,” the petition stated.
The plea also mentioned a similar incident on April 9, 2024, in Pilibhit, Uttar Pradesh, where PM Modi allegedly claimed credit for building a Hindu temple and urged voters to support his party by invoking Hindu and Sikh deities and places of worship.
The other petition, filed jointly by former bureaucrat EAS Sarma and former IIM Dean Trilochan Sastry, sought directions for ECI to act against hate speeches delivered by political campaigners.
This petition highlighted speeches made by PM Modi on April 21, 2024, and Union minister Anurag Singh Thakur on April 27, 2024, which allegedly demonised and stereotyped the Muslim community. The plea criticised the ECI for its lenient approach towards these violations of the Model Code of Conduct. Senior counsel Sanjay Hegde appeared in this plea.
The Delhi high court has recently dismissed at least two petitions demanding action against PM Modi for alleged hate speeches delivered during election campaigning, underscoring that it cannot micromanage the functioning of the ECI.
The petitions in the high court claimed that PM Modi’s speeches during the election campaigns were inflammatory and violated the Model Code of Conduct. In its ruling, the high court, however, emphasised the autonomy and discretion vested in the ECI, stressing that it is not within the court’s purview to dictate how the ECI should perform its duties.
