Supreme Court refuses to entertain PIL for action against inflammatory speeches

The top court rejects PIL seeking action against inflammatory speeches by public figures, citing difference between hate speech and wrong assertions

The Supreme Court on Thursday (November 14, 2024) refused to entertain a Public Interest Litigation (PIL) that sought urgent intervention against inflammatory speeches by public figures, alleging these statements endanger national unity and security and promote divisive ideologies.

Observing that there was a difference between hate speeches and wrong assertions, a Bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar told the counsel for PIL petitioner ‘Hindu Sena Samiti’ that it was not inclined to issue notice on the petition.

“We are not inclined to entertain the present writ petition under Article 32 of the Constitution of India, which in fact refers to alleged references. Further, there is a difference between hate speech and wrong assertions... In case the petitioner has any grievance, they may raise the same in accordance with law,” the Bench said.

The Bench said it was not making observations on the merits of the case.

The PIL had urged the court to direct the formulation of guidelines to prevent provocative rhetoric and to mandate penal action against individuals making statements that could jeopardise public order and the nation’s sovereignty.

Advocates Kunwar Aditya Singh and Swatantra Rai, appearing for the petitioner, said the political leaders’ remarks often veer towards incitement, potentially sparking public unrest.

They cited recent comments by the political figures, including former Madhya Pradesh Minister Sajjan Singh Verma and Bharatiya Kisan Union spokesperson Rakesh Tikait, as instances where rhetoric had allegedly threatened public order.

In his remarks, Mr. Verma had allegedly warned of a potential popular uprising, drawing comparisons to the protests in Sri Lanka and Bangladesh, while Mr. Tikait allegedly referenced the farmers' protests in a manner that suggested the possibility of violent insurrection.

The petition said the Government has been inconsistent in enforcing legal restrictions on inflammatory speech.

It said the court, in its directions, had mandated prompt action against speech inciting unrest under some of the provisions of the IPC.

The ‘Hindu Sena Samiti’ had sought multiple reliefs, including the formulation of guidelines to regulate provocative speeches, penal action against violators, and a directive for mandatory training programmes for politicians.

It also emphasised the importance of equal legal treatment, arguing that similar offences by civilians and journalists often see stringent actions from the state, while statements by political figures inciting unrest go largely unchecked.

Published - November 14, 2024 04:44 pm IST