'We are clear, all have to be treated alike', says Supreme Court on claims of hate speech at an IUML rally

A bench comprising Justices Sanjiv Khanna and SVN Bhatti said they have gone through the guidelines passed in Tehseen Poonawalla judgment (2018). In the presence of Additional Solicitor General (ASG) K M Nataraj, representing the Centre, the bench added that the court hopes that they are being complied with.

New Delhi: The Supreme Court Friday said it has gone through the Tehseen Poonawalla guidelines and hoped they are being complied with and stressed that the court is very clear, on a claim by a counsel that hate speech was made at the Indian Union Muslim League (IUML) rally in Kerala, that both sides are to be treated alike, while hearing a matter connected with hate speech.

A bench comprising Justices Sanjiv Khanna and SVN Bhatti, at the beginning of the matter, said they have gone through the guidelines passed in Tehseen Poonawalla judgment (2018) and, in the presence of Additional Solicitor General (ASG) K M Nataraj, representing the Centre, added that the court hopes that they are being complied with.

In connection with a hate speech matter, a counsel submitted that there was a rally conducted by the IUML, where a slogan of “death to Hindus” was raised. Justice Khanna said, “We are very clear, be it one side or other side they have to be all treated alike. If anybody indulges in anything which we know is hate speech they will be dealt with as per law. It is something in which we have already expressed our opinion. I don’t think we have to repeat”.

At this juncture, Advocate Nizam Pasha said hope there is no side to it and all of us are on the same side. The counsel, who made claims of hate speech at the IUML rally, said Pasha is not bringing full facts before the top court. After hearing brief submissions, the bench scheduled the matter for a hearing on next Friday.

The apex court was hearing a plea seeking action against calls made by several groups for a boycott of Muslims following Nuh-Gurugram communal violence in Haryana. The application has been filed by journalist Shaheen Abdullah, who was represented by Pasha.

On August 11, the Supreme Court asked the Centre to constitute a committee to look into the cases of hate speech saying that there has to be harmony and comity between communities, and all communities are responsible and nobody can accept hate speech.

The top court asked the Centre’s counsel to seek instructions and inform it about the committee by August 18. The bench noted that coming to courts is not a solution while emphasizing on an in-built mechanism to deal with the problem of 'hate speech'. Nataraj said the government does not support hate speech.