Supreme Court
NEW DELHI: Supreme Court on Tuesday agreed to examine a plea to lodge an FIR against hate speech for a video being circulated by Assam BJP in support of its claim that Muslims would take over the state if BJP goes out of office. The application has been filed by former Patna high court judge Anjana Prakash and journalist Qurban Ali who alleged that the video “targets, vilifies and demonises Muslims”.Appearing for petitioners before a bench of Justices Vikram Nath and Sandeep Mehta, advocate Nizam Pasha, submitted that though the offensive video uploaded on ‘X’ targeted one community in violation of apex court’s order, no action has been taken. He also pleaded the court to pass directions for the video to be taken off social media and direct lodging of an FIR. The bench, after a brief hearing, issued notice and posted the case for further hearing to October 28.”The video has been circulated by the BJP Assam Unit on Sept 15 on its official X handle viz. “BJP Assam Pradesh” showing a grossly false narrative that depicts the takeover of Assam by Muslims if the BJP doesn’t remain in power in Assam. The video depicts the consequences of a change in the present ruling dispensation and inter alia shows visibly Muslim people (wearing skull caps and burqas) taking over tea estates, Guhawati airport, Guhawati Accolad, Assam Ranghar, Guhawati Stadium, Guhawati Town,” the petition said.They pleaded that the video should be be taken down immediately to contain any further spread of communal disharmony, unrest and enmity. “It is submitted that the aforementioned video shows the gross failure as well as the complete disregard of secular values that the ruling dispensation of any State of our country is bound to uphold. It is further submitted that a state government, elected and formed under the Constitution of India, is the guardian of all communities and is specifically prohibited by the Constitution from engaging in discrimination inter alia on the basis of religion, race, caste, gender, language. Thus, the burden of being fair, just and secular is far greater on an elected govt. In this regard it is pertinent to note that even private citizens are prohibited under law from making communal speeches or spreading communal disharmony,” the application said.They said the ruling dispensation of Assam is bound by the Constitution and thereby is bound to uphold the secular values that form part of the basic structure of the Constitution. Terming hate speech as a “serious offence” which could affect the secular fabric of the country, the Supreme Court in 2023 had directed police in all states and UTs to take suo motu action and register cases against those making such speeches irrespective of their religion without waiting for a formal complaint.
