The Supreme Court on Monday issued notice to the Centre on a PIL seeking direction to frame guidelines to curb hate speeches made by politicians and others, claiming that it was violative of statute as well as the Constitution.
A three-judge bench presided over by Chief Justice Altamas Kabir also sought response from the Election Commission and state governments of Maharashtra and Andhra Pradesh on the petition filed by NGO Pravasi Bhalai Sangathan.
Senior advocate Basava P Patil, appearing for the petitioner, submitted that different political leaders made hate speeches, sullying the harmonious atmosphere and stoking regional, religious and ethnic tensions.He pointed out that even after their arrest such leaders did not mend their acts and instead repeated their vitriolic words on being granted bail.
"It is disconcerting that divisive politics in the name of religion, caste, place of birth and ethnicity are being regularly used by people"™s representatives, politicians, religious leaders to cause enmity between citizens belonging to different religions, castes and region (place of birth), which strikes at the very root of our Constitutional system," the note released on the petition said. The petition cited examples of Raj Thackeray, Andhra Pradesh MLA Akbaruddin Owaisi, VHP leader Praveen Togadia and others.
It contended that the Election Commission had not taken any coercive action against those leaders who violated the provisions of the Representation of the People Act, 1951 and the model code of conduct.
The petition sought suo motu registration of FIR in case of hate speeches, mandatory gag-order on such people till disposal of criminal proceedings against them and de-recognition of their political party.