Plea Against Boycott Calls | Supreme Court Says Hate Speech Problem Must End; Moots Plan to Direct Police Chief to Form District-Level Committees

The Supreme Court on Friday permitted petitioners, who are seeking action against certain calls made for the social and economic boycott of Muslims, to approach the nodal police officers appointed in terms of the 2018 judgment dealing with mob violence crimes.During the hearing, expressing anguish at the unabated problem of hate speech, the Court orally said that the problem has to be solved and underscored the need for maintaining communal harmony.The Court also mulled over the idea of directing the Director General of Police of the States to form a committee to assess the content and veracity of hate speech complaints and issue appropriate directions to station house officers (SHO). It also granted time to the Centre to consider this suggestion and revert with their stand on it. This is the latest in a series of attempts made by the top court to actively prevent hate speech in the country. A bench of Justices Sanjiv Khanna and SVN Bhatti was hearing a plea filed seeking action against calls made by several groups for the social and economic boycott of Muslims following the Nuh-Gurugram communal violence in Haryana. Right at the outset today, Senior Advocate Kapil Sibal stressed the need to address the problem of hate speech and grant protection to people being targeted in extremists' violent rhetoric, "You have to protect people. This kind of vitriol cannot go on!""Were such instances reported from only Nuh district, or other districts as well? Were such speeches delivered in multiple states?" Justice Khanna asked the senior counsel."Multiple," Sibal replied in the affirmative.Addressing Additional Solicitor General of India KM Nataraj, who was representing the Delhi Police, Justice Khanna criticised the current state of affairs as 'unacceptable', before suggesting the formation of a committee by the police chief that would assess material on hate speech complaints and issue appropriate directions to the concerned police officer."Mr Nataraj, there has to be harmony and comity between communities. Everyone is responsible. All communities are responsible. What is to be done in such a case? This is not acceptable. We can ask the Director General of Police to constitute a committee of three or four people officers which will receive the material available to station house officers when they receive complaints [of hate speech] and this committee can then examine the material both with regard to the content as well as its authenticity. Accordingly, this committee will issue appropriate directions to concerned police officers, who will then proceed further in accordance with law.""But the records must be maintained by them. The problem is, at the SHO level or at the level of the police station, the understanding of the nuances of the law is a little different. Whereas senior or mid-level officers...They can sensitise them," Justice Khanna added. The bench expressed its willingness to pass orders in terms of this suggestion subject to the concurrence of the Government and the petitioners."Let me first have the benefit of [seeing] what they have sought," ASG Nataraj told the bench."This problem has to be solved. No one can accept it," Justice Khanna said."Definitely," the law officer replied, before adding that the government in no way wished to condone hate speech 'even for a minute'. However, he pointed out that there was a mechanism under the law to address the problem of hate speech. "The law is settled. There is a mechanism. But somehow, in some places, it's not working. Either they can avail the remedy available...""That would entail going to the court," Justice Khanna protested, "Why not have an in-built mechanism to deal with these at the first instance? Of course, if the committee declines to register an FIR, the other side would be entitled to approach a magistrate or take recourse to any other remedy available to them. Again, if an FIR is wrongfully registered, a person will have the remedy available under the law."ASG Nataraj expressed concerns over people approaching the Supreme Court asking it to address such grievances, by saying, "Otherwise, what will happen is that they will keep on filing application after application.""We do not want that. This court should not become the recourse," Justice Khanna agreed."That's our concern," the law officer said.When Sibal was asked for his thoughts on the suggestion, the senior counsel expressed his doubts. "My problem is when someone, in the presence of the police, threatens shopkeepers to throw out Muslims in the next two days...This committee is not going to help.""What we are suggesting is, whatever has happened can be dealt with by this committee set up by the DGP - maybe for each district, or for two or more districts, depending upon the situation," Justice Khanna explained before asking ASG Nataraj to 'take instructions' on this suggestion.Sibal voiced his apprehension that in the meantime, these processions organised by fundamentalist outfits...

Plea Against Boycott Calls | Supreme Court Says Hate Speech Problem Must End; Moots Plan to Direct Police Chief to Form District-Level Committees

Awstika Das

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