Supreme Court Says Will Close Most Hate Speech Petitions Pending Since 2021

The Supreme Court on Tuesday said it will close most of the petitions related to hate speeches pending since 2021 and in which the court has asked police to suo motu register FIRs.

A bench of Justices Vikram Nath and Sandeep Mehta reserved orders on a batch of writ petitions filed by several individuals after the Centre, Delhi Police and the Uttar Pradesh government submitted that substantial compliance with the directions of the court has been made.

The bench said the petitioners can pursue their remedies in accordance with the law.

However, the top court posted one matter related to a 2021 alleged hate crime committed against a Muslim cleric in Noida for hearing in February to ascertain the progress of the trial in the case.

Advocate Ruchira Goel, appearing for the Uttar Pradesh government, submitted that a chargesheet has been filed in the matter and during investigation, it was found that the case was not a hate crime but a gang of robbers, which used to dupe people by offering a lift in their car.

Advocate Sharukh Alam, appearing for the cleric, however, doubted the UP government's version and said that the state was not willing to accept that it was a case of crime and the court must look into it.

On April 28, 2023, the top court extended the scope of its 2022 order beyond three states and directed all states and Union Territories (UT) to register cases against those making hate speeches, even if no complaint has been made.

It had termed hate speeches a "serious offence capable of affecting the secular fabric of the country".

The top court had said its October 21, 2022 order shall be made applicable irrespective of religion and warned any delay in registering cases will be treated as contempt of the court.

Holding that the Constitution of India envisages a secular nation, the apex court had in 2022 directed UP, Uttarakhand and Delhi to promptly register criminal cases against the offenders without waiting for a complaint to be filed.

The apex court had warned that any delay on the part of the administration in taking action on this "very serious issue" will invite the court's contempt.

The top court's order came on a plea filed by journalist Shaheen Abdullah, who had initially sought direction against Delhi, UP and Uttarakhand to register cases against those delivering hate speeches.

Abdullah had again moved an application seeking implementation of the apex court's October 21, 2022 order across states and UTs. 

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)