Thread by @barandbench

Maharashtra Hate Speech case in #SupremeCourt

Justice KM Joseph: Centre has to do something so that this does not happen

SG: When secular state does this then freedom of speech petitions will flood the country

SG: If someone is prevented to voice their view then there will be prevention of Article 19(1)(a) ...barring law and order situation

SC: Did they get permission to hold meeting?

SG: they did not..

SC: Then how can they hold meeting..

SG: No they cannot

SG: The court has to be very careful in a pre-censorship order..

Justice JB Pardiwala: we may be reluctant to grant a relief that this procession is not held.. but it should be ensured that during this rally no rash statements are made and steps are taken and vigil is kept

SG: The petitioner is from Kerala.. how will they know about speeches made in Maharashtra

Justice Pardiwala: let the authority take a call..

SG: To get a speech vetted before being spoken may not be possible

Justice Joseph: see what happened in Uttarakhand and then state took action. If there is a replica of what happened then we cannot allow this.. please read what is written

SG: Yes it is distasteful

Sr Adv Kapil Sibal: distasteful is not the word #hatespeech

SG: If hate speech is made then action will be taken..

SC: We will say that if anyone makes hate speech in defiance of law then action shall be taken #hatespeech

Sibal: last Sunday only statements were made by the MLA.. the same Hindu Samaj is holding the event...

SG: They do not want pre-censorship but also pre-arrest...

#hatespeech

Sibal: When permission is granted they should look at what happened last Sunday and even then if permission is given then fine I will not stand in the way. Permission given should also be video recorded

SG: My public spirited petitioner can record !

SG: your lordships would be pre-judging if you say this. this forum is being misused. we are also not expressing many things. #hatespeech

SC: We will add that officers will mindful of their duties and powers while granting the permission. Videography also we will allow.

SG: Whatever to be required before granting permission will be given..

SC: who will videograph this?

SG: let the public spirited person do it who abuse the jurisdiction of this court. there is tehseen poonawalla case guidelines are there and now selective cases are being filed here and can this august forum be abused like this

Justice Joseph: this is because we are the only constitutional forum

SG: This does not justify people coming selectively

#hatespeech

ORDER #supremecourt #hatespeech

1. we record submission of SG Mehta that if permission is applied for Sakaal Hindu Samaj for holding the apprehended meeting on 5.2.2023, and if permission granted.. it will be subject to condition that nobody will make any hate speech

ORDER #supremecourt #hatespeech

1. ..in defiance of law and in violation of public order
2. Sr Adv Sibal drew our attention to Section 151 CrPC

SC: 3. in case permission is granted and in case power under 151 crpc power is invoked... it will be the duty of the police to invoke the power and act under the mandate of the section #supremecourt #hatespeech

SC: 4. having regard to what happened on January 29, the meeting may be videographed and the same shall be presented to the Supreme Court. We accept this request as well. #supremecourt #hatespeech

SC: SG Mehta pointed out that powers of police will not be confined to 151 crpc and be in accordance with law. #supremecourt #hatespeech

SG: i am thankful that there are no prayers that the speeches made be vetted first by them (petitioners) ! #hatespeech

SC: We direct that the videography of the event is conducted under the supervision of the police inspector of the concerned area and submitted to the #Supremecourt #hatespeech

Sibal: they may change the date of the event.

SG: Every apprehension like this cannot be looked into by the court

SC: SG Mehta assures that a statement will be filed on what transpired during January 29, 2023 #hatespeech