SC rejects Cs alleging hate speech and calling for action against PM Modi

Judges Vikram Nath and Satish Chandra Sharma’s bench declined to consider the petitions, arguing that the courts shouldn’t become involved in such cases.

On Tuesday, the Supreme Court denied two petitions that asked the Election Commission of India (ECI) to take action against alleged hate speech made by political campaigners during the current general elections in 2024. The petitions targeted Prime Minister Narendra Modi and leaders of the Bharatiya Janata Party (BJP).

The applications were turned down by a bench of justices Vikram Nath and Satish Chandra Sharma, who stated that the courts should not become involved in such cases.

“We have no desire to become involved. Article 32 (writ jurisdiction) prohibits us from giving such instructions. The judge abruptly halted the pleas that had been taken out of turn when the petitioners’ attorneys asked for an expedited hearing, declaring, “The petitions are dismissed.”

Additionally, the bench denied a request made by the petitioners’ attorney to be allowed to approach the relevant authorities or to state that the petitions were not being considered at this time. “We won’t give anything or any liberty. The bench instructed the attorneys to do it.

Under the Representation of the People Act, Fatima (who goes by one name) filed a writ suit demanding that PM Modi be disqualified from office due to his alleged “hate speech.” According to the petition, the PM must also face urgent consequences from the ECI for breaking the Model Code of Conduct (MCC).

In her plea, Fatima mentions an event that happened on April 21, 2024, during which Prime Minister Modi is said to have said something at an election rally in Banswara, Rajasthan, that might promote animosity amongst religious communities and jeopardise the unity and integrity of the country. The petition said, “Over the last 30 days, a number of organisations and individuals have filed complaints with the ECI, but no meaningful action has been taken against PM Modi to date.”

The appeal also referenced an event that occurred on April 9, 2024, in Pilibhit, Uttar Pradesh, whereby Prime Minister Modi purportedly took credit for constructing a Hindu temple and implored the electorate to endorse his political party by referencing Sikh and Hindu deities and places of worship.

The other petition asked for instructions for ECI to take action against hate remarks made by political campaigns. It was jointly submitted by former IIM Dean Trilochan Sastry and bureaucrat EAS Sarma.

This petition focused on remarks made by Union Minister Anurag Singh Thakur on April 27, 2024, and Prime Minister Modi on April 21, 2024, which were accused of demonising and stereotyping the Muslim people. The petition chastised the ECI for treating these breaches of the Model Code of Conduct so lightly. Sanjay Hegde, a senior attorney, entered this plea.

The Delhi High Court has demonstrated that it cannot oversee the operations of the ECI by dismissing at least two petitions calling for punishment against Prime Minister Modi for allegedly making hateful remarks during election campaigns.

According to the high court’s petitions, Prime Minister Modi’s remarks during the election campaigns were divisive and in violation of the Model Code of Conduct. But in its decision, the high court highlighted the independence and discretion granted to the ECI, emphasising that the court does not have the authority to direct the ECI on how to carry out its responsibilities.

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