SC Orders All States, UTs to File Suo Motu FIRs Against Hate Speeches, Regardless of Religion

New Delhi: The Supreme Court on Friday directed all states and Union territories to take suo motu action against hate speech cases without waiting for any formal complaint. This new order is an extension of the October 2022 SC order, in which the court had directed the Delhi, Uttar Pradesh and Uttarakhand Police to take such action.

The bench comprising Justices KM Joseph and BV Nagarathna gave the order while deciding on petitions concerning hate crimes nationwide.

"Respondents shall ensure that immediately, as and when any speech or any action takes place which attracts offences such as Section 153A, 153B, 295A and 506 of IPC etc., without any complaint being field suo motu action be taken to register cases and proceed against the offenders in accordance with the law," the bench recorded in the order.

The order further stated, "Respondents will issue directions to the subordinates so that appropriate action can be taken at the earliest. We further make it clear that such action be taken irrespective of the religion of the maker of the speech so that the secular character of Bharat as envisaged by the Preamble is preserved."

The bench passed the order in an application filed by Advocate Nizam Pasha on behalf of petitioner Shaheen Abdullah, asking for measures to be taken to prevent hate speech. The request was approved, and Pasha suggested that each state appoint a nodal officer responsible for addressing hate speech. Senior Advocate Sanjay Parikh, representing PUCL, wanted to submit additional applications supporting Pasha's suggestions.

Last month, the Court asked the state of Maharashtra to submit a response "in a contempt petition which alleged that the state authorities failed to take action against hate speeches made during rallies."

At the time, the bench had reacted strongly to the authorities' lack of reaction/action in Maharashtra, highlighting "the importance of maintaining communal harmony and brotherhood."

After ASK Maharashtra, SV Raju, filed a counter affidavit, there was a back-and-forth between Justice Joseph, Parikh, and Raju. Parikh pointed out that the state police did not act against several rallies after February 5. Solicitor General Tushar Mehta said that there are existing remedies in the legal apparatus to address the cases of hate speech. The bench held that these cases are affecting the nation's dignity and highlighted the need for action irrespective of the religion of the offenders.

The matter would next be listed on May 12.