Politics
Hate Speech Case In Supreme Court: Solicitor General Cites DMK's Anti-Brahmin Rhetoric And Kerala Anti-Blasphemy Rallies
Supreme Court of India (Narendra Bisht/The India Today Group/Getty Images)
On Wednesday, 29 March, the Supreme Court was hearing a contempt petition related to alleged hate speech made against Muslims in rallies across Maharashtra.
As per updates being published on the hearing on social media, the bench of Justices KM Joseph and BV Nagarathna criticized hate speeches and urged for a separation of politics and religion. They remarked that if politicians cease to use religion in politics, such speeches will diminish.
However, the hearing attracted special attention on the web when Solicitor General Tushar Mehta urged the bench to look at some other instances of hate speech as well.
As per this thread by legal news portal, Bar and Bench, the Solicitor General said: 'Leader of DMK party says that if you want equality you should butcher all the Brahmins'.
This was followed by an update which read: "Justice Joseph smiles".
The conversation following this is reproduced verbatim from the Bar and Bench Twitter thread:
"SG: This is not a matter which should be laughed at
"Justice Nagarathna; what made him say that?
"Justice Joseph: do you know who is Periyar?
"SG; Just because it is a hate speech cannot be pardoned because it is said by someone famous"
Following this, the Solicitor General also mentioned other instances of hate speech against Hindus and Christians and wondered why the apex court had not taken suo moto cognisance of them.
To this, the counsel for petitioner said that "such submissions cannot befit the office of the Solicitor General and we cannot engage in such whataboutery".
As the hearing progressed the bench eventually asked for the case to be listed on 28 April, 2023 and also asked the Maharashtra government to file its response by that day.
When the Additional Solicitor General asked why it was necessary to keep the sword of contempt hanging over the Maharashtra government till then, the bench was reported to say that it was for the sake of rule of law.
Following this, when Justice Joseph remarked that 'action has an equal reaction', Solicitor General Tushar Mehta reportedly pleaded: "please please please do not do this and this will be a justification of the clip. No no."
The clip being referred to is an instance of a hate speech which the Solicitor General wanted included in the original petition.
Following a year when multiple Hindus were killed for the perceived crime of blasphemy, and a year in which radical Islamic organisations took out rallies throughout India where calls for beheading were raised, the apex court's consistent choice to look the other way stands out as an anomaly.
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