The Supreme Court on Thursday sought a response from the Centre and the states to a plea seeking directions for taking appropriate steps to stop hate speeches against the Muslim community.
Petitioner Shaheen Abdullah has moved the top court also seeking direction to the Centre and states to initiate independent, credible and impartial probe into the incidents of hate crimes and hate speeches across the country.
The Supreme Court on Thursday sought a response from the Centre and the states to a plea seeking directions for taking appropriate steps to stop hate speeches against the Muslim community.
A bench of Justices Ajay Rastogi and CT Ravi Kumar issued notices to the Centre and all states while tagging the matter with other pending petitions on the issue pending before another bench.
Petitioner Shaheen Abdullah has moved the top court also seeking direction to the Centre and states to initiate independent, credible and impartial probe into the incidents of hate crimes and hate speeches across the country.
At the outset, senior advocate Kapil Sibal, appearing for the petitioner, said something needs to be done to tackle the problem and action must be taken against those making hate speeches or indulging in hate crimes.
The bench said the prayer in the plea is very vague and no specific instances have been mentioned.
It said cognizance can be taken where an FIR has been lodged in a case.
Sibal, however, submitted the prayer in the petition is not vague and mentions recent incidents of hate speeches.
He added several petitions have been filed in the last six months to stop hate crimes but such incidents are still continuing.
In his petition, Abdullah has also sought to invoke the Unlawful Activities Prevention Act (UAPA) and other stringent provisions to curb hate crimes and hate speeches.
He has said the Muslim community is being "targeted and terrorised" by the participation of the members of the ruling political party in delivering hate speeches.
"The spread of hate towards Muslims and other minorities gets accelerated and becomes all the more far-reaching in its impact as a result of the support, directly or indirectly, extended to radical miscreants, who engage in acts of hate crimes, physical violence as well as communally charged speeches by the ruling political party", it said.
Holding that the Constitution of India envisages a secular nation, the Supreme Court Friday directed Delhi, Uttar Pradesh and Uttarakhand governments to come down hard on hate speeches, promptly registering criminal cases against the culprits without waiting for a complaint to be filed.
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 Constitution of India envisages a secular nation and fraternity among citizens assuring the dignity of the individual...The unity and integrity of the nation are one of the guiding principles enshrined in the preamble. There cannot be fraternity unless the members of the community from different religions are able to live in harmony. The petitioner points out that despite various penal provisions, no action has been taken and there is a need to serve constitutional principles. We feel this court is charged with a duty to protect the fundamental rights and also protect and serve the constitution where the rule of law is maintained," the top court said.
A bench of Justices K M Joseph and Hrishikesh Roy also issued notices to Delhi, Uttar Pradesh and Uttarakhand on the petition filed by journalist Shaheen Abdullah.
The court said action must be taken against those making hate speeches irrespective of their religion to preserve the secular fabric of the nation.
"Respondents 2-4 (the three states) will file a response as to what action has been taken for the speeches highlighted. They shall ensure that as and when any (hate) speech or action takes place without any complaint being filed, suo motu action is taken in such cases in future without waiting for complaints," the bench observed.
"Respondents will issue directions to their subordinates for appropriate action and such action will be taken irrespective of religion against the person who delivers such hate speech so that the secular character of this country as envisaged in the preamble is maintained," it said.
(With inputs from PTI)