Extending the scope of its 2022 order beyond three
states, the Supreme Court on Friday directed all states and Union Territories
to register cases against those making hate speeches even if no complaint has
been made.
A bench of Justices KM Joseph and BV Nagarathna
termed hate speeches a "serious offence capable of affecting secular
fabric of the country".
The bench 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.
"Where have we reached in the name of religion?
What have we reduced religion to is really tragic," the apex court had
then observed and directed Uttar Pradesh, Delhi and Uttarakhand to crack down
hard on those making hate speeches, calling them shocking for a country that is
religion-neutral.
Holding that the Constitution of India envisages a
secular nation, the court had directed Uttar Pradesh, Uttarakhand and Delhi to
promptly register criminal cases against the offenders without waiting for a
complaint to be filed.
On Friday, the bench said, "The judges are
apolitical and not concerned with Party A or Party B and the only thing they
have in mind is the Constitution of India".
It said the court has been entertaining petitions
against hate speeches in different parts of the country for "larger public
good" and to ensure establishment of "rule of law".
The apex court warned 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,
Uttar Pradesh 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
union territories.