Supreme Court to give formal order on Sardar jokes issue today

Published on Mar 27, 2017 12:32 PM IST

The apex court observed that it had no right to frame guidelines on the issue and asked the aggrieved to opt for alternate mechanism or to seek justice under the relevant sections of the Indian Penal Code.

The Supreme Court asked an expert panel to submit draft guidelines so that appropriate orders can be passed to prevent circulation of Sardar jokes on websites.(HT File Photo)
The Supreme Court asked an expert panel to submit draft guidelines so that appropriate orders can be passed to prevent circulation of Sardar jokes on websites.(HT File Photo)
New Delhi | ByANI

The Supreme Court will pass on Monday detailed formal order on the issue of banning Sardar or Sikh jokes.

Earlier, the apex court refused to issue detail guidelines on the same.

During the hearing, the apex court observed that it had no right to frame guidelines on the issue and asked the aggrieved to opt for alternate mechanism like 66 A of the Information Technology Act 2000 or to seek justice under the relevant sections of the Indian Penal Code (IPC).

“If anything is surfacing on social media, anyone can take a recourse under 67A of the IT Act or under the IPC. How can we, under Article 32, lay guidelines and what kind of guidelines should be laid? We are not getting into concept of joke and all. Question is what kind of guidelines this court can lay down?” observed Justice Dipak Misra.

In response, senior advocate for petitioner Harvinder Choudhary submitted to the apex court that constant stereotyping holds the growth of a particular community.

“These are the questions which came to my conscience when this brief came to me. The guidelines will help all. If in a school, we are in majority, then it will save other minority. Situation is bad now. There is need of protection,” the advocate said.

Choudhary had contended that such jokes portray the Sikh community in negative light and that such websites, which disseminate such ‘insensitive’ jokes, should be prosecuted under laws that carry a prison term of six months to five years. The petitioner argued that such jokes on many social network websites portray Sikhs as ‘unintelligent’, ‘foolish’ and ‘naive’, making them an easy target of ridicule and racial abuse.

The court asked an expert panel headed by former apex court judge HS Bedi to submit draft guidelines so that appropriate orders can be passed to prevent circulation of Sardar jokes on websites.

In July 2016, a bench of former Chief Justice TS Thakur and Justice DY Chandrachud gave six weeks time for the panel to hold discussions and submit the guidelines. The bench passed the order after hearing the counsel for various parties including the Shiromani Gurdwara Prabandhak Committee (SGPC) which said that the community is being bullied by such jokes.

Get Latest India Newsalong with Latest Newsand Top Headlinesfrom India and around the world.
SHARE THIS ARTICLE ON
SHARE
Story Saved
×
Saved Articles
Following
My Reads
My Offers
Sign out
New Delhi 0C
Monday, September 26, 2022
Start 15 Days Free Trial Subscribe Now
Register Free and get Exciting Deals