It is most refreshing, most reassuring and most rejuvenating to note at least in my lifetime for the first time that none other than the Supreme Court of India has taken a very strong exception to some of the most vitriolic hate speeches which some of our political and religious leaders have made it the order of the day which is bound to spread hatred among people following different religions as we have been seeing also for ourselves since last several years without any fear of any kind to deliver time and again with impunity yet roam freely totally unaccounted, unchecked, unhindered and unpunished as if it was a basic fundamental right guaranteed to them by our Constitution to deliver such hate speeches!

It is because of such leaders that the seeds of communalism are going deeper down the lane and we are going to reap the harvest if they are not checked soon and are not held accountable by sending them to jail and prosecuting them for delivering hate speeches so openly without any fear as if they are above the law of the land! They very conveniently chose to gloss over the age old time tested dictum that:
United we stand and divided we fall! They also gloss over what Deanswift had once very famously said that:
We have just enough religion to make us hate one another but not enough to make us love one another.

In the fitness of things we see that the Supreme Court of India in a most laudable, landmark, learned and latest judgment titled Shaheen Abdulla vs Union of India & Ors in Writ Petition(s)(Civil) No.940/2022 delivered as recently as on October 21, 2022 has made it abundantly clear reminding that there cannot be fraternity unless members from different religions/castes are able to co-exist harmoniously. The root cause of all problems is dirty politics. India got divided in 1947 only and only because of divisive politics encouraged by Britishers whose favourite slogan was Divide and Rule as they never favoured a united India.

Now it is politicians who never want India to stay united and pick up one cause or the other to boost their own narrow vested political interest at the cost of our national interests being most easily compromised by shamelessly being blind followers of Britishers! What a national tragedy that these very politicians who swear to protect national unity have just no compunction in raking up controversial issues and delivering hate speeches and feeling most elated when big business tycoons like Vijay Mallya, Nirav Modi among many others very conveniently siphoning of lakhs of crores of rupees with full active help from many big political leaders and then settling down most comfortably in England also called United Kingdom and also called Great Britain which split us in 1947 and leading a most luxurious life there with court cases dragging for decades and decades!

Anyway, coming back to the key issue, this brief, brilliant, bold and balanced judgment authored by the Bench of Apex Court comprising of Hon’ble Mr Justice KM Joseph and Hon’ble Mr Justice Hrishikesh Roy sets the ball rolling by first and foremost putting forth in the opening para that:
Heard Mr. Kapil Sibal, learned senior counsel for the petitioner. We all know the impeccable reputation of Kapil Sibal who has already some time back completed 50 years of distinguished practice in Supreme Court with distinction! My elder brother Lt Colonel Rajeev Sirohi celebrated his 50th birthday just recently on October 21, 2022 and I was most happy that my big brother has completed half a century and what to talk about this senior lawyer named Kapil Sibal who has already completed 50 years of most distinguished practice in Supreme Court and also is former Union Law Minister of India and so whatever he says has to be taken most seriously! Even his worst critics cannot ever dare to take lightly whatever he says or does!

Needless to say, it is this same Kapil Sibal who had as Union Law Minister very strongly recommended a High Court Bench to be created in Meerut in West UP so that the 10 crore people of this region irrespective of their religion, caste or creed or sex benefit equally but the then UPA regime kicked away his recommendations and instead created two High Court Benches for just 4 and 8 districts at Dharwad and Gulbarga respectively in 2013 in Karnataka which has just 6 crore population! Even the NDA regime in last 8 years has sought to endorse what was done in UPA regime and till now has been of the strong view that Meerut where PM Narendra Damodardas Modi so happily visited Lord Augharnath temple just couple of months back which was closed for citizens like me for full 3 hours or even more is just not fit for High Court Bench nor Mathura also in West UP which is famous for being Lord Krishna city as they are all considered legally most worthless cities just not fit to be given a High Court Bench under any circumstances fit only to perform just puja and only one city famous as Nawab City known as Lucknow just 200 km away is best suited for High Court Bench which was created by the greatest barrister on earth named Pandit Jawaharlal Nehru way back in 1948 and the people of West UP of all religions and all communities are made to travel shamelessly, senselessly and stupidly not just till Lucknow which is 200 km before Allahabad but right up till Allahabad itself which is about 800 km away from most of the districts of West UP!

Kapil Sibal may not have visited Lord Augharnath temple but what he wanted to do for West UP by creating a High Court Bench here is worth saluting taking into consideration the irrefutable fact that the lawyers of West UP irrespective of religion, caste, creed or sex have united in waging relentless struggle for a High Court Bench and constituting a Central Action Committee for this purpose a long time back and even going on strike for 6 months in 2001, 4 to 5 months as in 2014-15, one month hunger strike as in 1978 and strike for weeks and weeks in 2009 and many other years apart from strike every Saturday since May 1981 till now and even on Wednesday many times which was discontinued some time back to ensure that litigants don’t suffer yet NDA regime led by our PM Narendra Damodardas Modi has not found such Hindu holy cities like Meerut or Mathura or any other holy city in West UP to be fit to be given a High Court Bench! Nothing on earth can be more disgraceful than this.

Even Ayodhya which is famous for Lord Ram abode who symbolized justice is just considered legally most worthless for a High Court Bench just like Meerut, Mathura, Varanasi and Gorakhpur! UP CM Yogi Adityanath in his personal capacity raised demand for High Court Bench in Gorakhpur in Parliament in 1998-99 and even in 2015 brought a private members Bill in Parliament in its support but Centre is dead against the creation of the same as it is considered to be again legally most worthless! Kapil Sibal rules in heart of every person who favoured and this was acknowledged even by former Union Minister RPN Singh who is now in BJP that Kapil Sibal had very strongly recommended for a High Court Bench to be created for West UP in Meerut but Centre in last 75 years has been deadly opposed to it even though Justice Jaswant Singh Commission headed by former Justice Jaswant Singh too recommended 3 High Court Benches for UP!

Anyway, let us concentrate on key issue! This I mentioned to show just how much Kapil Sibal favours development for all without any discrimination on basis of religion or community or creed or sex and who can be a bigger devotee of Lord Shiv than him who without worshipping him done what Lord Augharnath best likes to do good for all! He always take independent stand and that is why he has left even Congress party after being a part of it for more than 30 years and is now an independent MP of Rajya Sabha!

To put things in perspective, the Bench of Apex Court then envisages in the next para that:
The complaint which has been raised in the instant writ petition appears to be very serious. It relates to the growing climate of hate in the country. This is attributable according to the petitioner to an unending flow of what is described as hate speeches being made by various persons against the Muslim community. The instances are chronicled, though in an abridged form, in the writ petition. The complaint of the petitioner is one of despondency and angst arising from the perception that despite suitable provisions in penal law being available, there is inaction or rather total inaction.

Most significantly, what truly captivates one’s mind and what should never be glossed over is what is then stated in the next para that:
The Constitution of India envisages Bharat as a secular nation and fraternity assuring the dignity of the individual and unity and the integrity of the country is the guiding principle enshrined in the Preamble. There cannot be fraternity unless members of community drawn from different religions or castes of the country are able to live in harmony. The petitioners points out that there are appropriate provisions such as Sections 153A, 153B, 505, and 295A of the Indian Penal Code. He voices his concern that no action has been taken even after this Court has been approached in the matter and the transgressions have only increased.

Equally significant is what is then stated in the next para of this learned judgment which forms the cornerstone of this learned judgment that:
We feel that this Court is charged with the duty to protect the fundamental rights and also preserve the constitutional values and the secular democratic character of the nation and in particular, the rule of law. If courts don’t speak up then who else will? If courts shut their eyes then who will control these hate speeches and those who deliver such hate speeches will roam free and be at large without any fear of being prosecuted and due to this others too will be abetted to follow the same course!

Furthermore, the Bench then states that:
The matter needs examination, and some form of interim directions. Issue notice.

Going ahead, the Bench then propounds in the next para directing that, Respondent No.2-Commissioner of Police, New Delhi, Respondent No.3-Director General of Police Uttarakhand and Respondent No.4- Director General of Police, Uttar Pradesh will file a report as to what action has been taken in regard to such acts as are the subject matter of this writ petition within their jurisdiction.

Most commendably, the Bench then minces no words to make it indubitably clear that:
Respondent Nos. 2 to 4 shall ensure that immediately as and when any speech or any action takes place which attracts offences such as Sections 153A, 153B and 295A and 505 of the IPC etc., suo moto action will be taken to register cases even if no complaint is forthcoming and proceed against the offenders in accordance with law. Respondent Nos.2 to 4 will therefore issue direction(s) to their subordinates so that appropriate action in law will be taken at the earliest.

Most forthrightly, the Bench then further hastens to add that:
We make it clear that any hesitation to act in accordance with this direction will be viewed as contempt of this Court and appropriate action will be taken against the erring officers.

Last but not the least, the Bench then also most laudably concludes by holding in the final para that:
We further make it clear that such action will be taken irrespective of the religion that the maker of the speech or the person who commit such act belongs to, so that the secular character of Bharat as is envisaged by the Preamble, is preserved and protected.

To conclude, I am just falling short of words to express my deepest sense of satisfaction which I am experiencing for myself after going through this best judgment that I have ever read in my life! It is short but enough to convey the real intent!

The bottom-line of this notable judgment is that there must be zero tolerance for all those who dare to indulge in hate speech and they must be promptly arrested by police by taking suo motu action without waiting for any complaint as we usually see the modus operandi with which police operates in such cases which gives them adequate time to escape easily! It certainly merits no reiteration that this hogwash must stop once and for all forthwith as directed so very commendably, cogently and convincingly by the Apex Court in this leading case!

Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi,  82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh