Fringe elements making hate speeches, State impotent: SC

New Delhi: The Supreme Court on Wednesday made some strong observations as it heard a contempt plea seeking directions to regulate hate speech.

A bench of Justice KM Joseph and Justice BV Nagarathna noted that hate speech is a vicious circle and the state governments have become 'impotent' and do not act in time. Hate speeches will end the moment politics and religion are segregated, the bench observed.

"When politicians stop using religion, all this will stop. We have said in our recent verdict also that mixing politics with religion is dangerous for democracy," Justice Joseph said.

"Everyday fringe elements are making speeches to vilify others including on TV and public forums," the bench noted.

Citing the examples of speeches of Jawaharlal Nehru, Atal Bihari Vajpayee, Justice Nagarathna said, "Where are we going? We had orators like Nehru and Vajpayee. People from rural areas used to come to listen to them. Now fringe elements from all sides are making these statements and we are now asked to take contempt action against these people."

"State is impotent. It does not act in time. If you want us to react, we will say. Why do we have State?" Justice Joseph said.

Solicitor General Tushar Mehta in his submission said the petitioner should add some more hate speeches made in Tamil Nadu and Kerala to the case. "Leader of DMK party says that if you want equality you should butcher all the Brahmins," the solicitor general said. "Just because it is said by someone famous, a hate speech can not be pardoned," Tushar Mehta said.

The bench referred to those speeches and said "every action has an equal reaction" and added, "We are following the Constitution and orders in every case are bricks in the structure of rule of law. We are hearing the contempt petition because states are not taking action in time. This is because the state has become impotent, powerless and does not act in time. Why should we have a state at all if it is silent?"

"Can't say that about any state but Centre is not. The Centre has banned PFI. Please issue notice to the state of Kerala so that they can respond to this," Solicitor General Tushar Mehta said.