The Supreme Court today adjourned the hearing in a plea seeking directions for devising a strategy to tackle lynching and mob violence following hate speech incidents in the country for next week on Tuesday.

The Bench of Justice Sanjiv Khanna and Justice Dipankar Datta was considering a batch of petitions concerning the incidence of hate speech in the country.

Meanwhile, the Madhya Pradesh Government has filed an affidavit in court stating that for effective prevention of hate speech and hate crimes, the Home Department, Government of MP, by its order on November 20, 2023, has appointed the Superintendent of Police of the Districts of each District and the Deputy Commissioner of Police (DCP) of each Commissionarate as Nodal Officers, and all anti-social elements and unruly youths of the area are being monitored through all the Nodal Officers/ SHO/ Chowki Incharge.

"Social Media Cell has been constituted for constant monitoring on Social Media, and the Deputy Superintendent of Police level Officer has been appointed as it's Nodal Officer. Aforesaid Cell has been ordered to keep watch on the Social Media Platform constantly and in the event of finding an Video/Post related to Hate Speech on Social Media, directions have been issued for removing the same and for taking action against the concerned persons", the affidavit read.

It further stated, "Social Media Cell has been constituted for constant monitoring on Social Media, and the Deputy Superintendent of Police level Officer has been appointed as its Nodal Officer. The Cell has been ordered to keep watch on the Social Media Platform constantly and in the event of finding an Video/Post related to Hate Speech on Social media, directions have been issued for removing the same and for taking action against the concerned persons."

The state government also stated that, if any incident occurs in a district under Sections 153A, 153B, 295A, and 505 IPC, then, on not receiving any complaint for taking effective action on such incidents, it has been directed to conduct proceedings by taking Suo Motu Action. "The Cyber Cell, constituted at District Headquarter Level, has been directed to keep constant watch on the social media platform and to inform the Senior Officers immediately in the event of uploading any video/ reel related to hate speech, so that, on receiving information of such hate speech/ crime, the immediate action could be taken against the concerned persons as per law," it stated.

The affidavit has been filed in compliance with the Apex Court’s directions in the order dated August 25, 2023, in the petition filed by Advocate Ashwini Kumar Upadhyay about incidents of hate speech.

In November 2023, the Court had clarified that it would not be adjudicating on individual matters related to hate speeches and orally asked the concerned parties to approach the respective High Courts for such issues. The Court had specified that its role would be limited to devising a mechanism for the effective implementation of measures in this regard. The clarification was made while the court declined to consider the other listed matters in the batch, asserting that it could only proceed once comprehensive information on compliance from all states had been received.

The Bench had accordingly ordered, "Union of India has filed status report dated 28th November 2023, giving a list of 28 States and Union Territories who have pointed Nodal officers. During the course of the hearing today, the learned Counsel appearing for the State of West Bengal has stated that a Nodal officer has been appointed in the said State. Court notice is issued to the standing counsel for the States of Gujarat, Kerala, Nagaland and Tamil Nadu to indicate whether they have appointed nodal counsels."

Pertinently, the Court, in its order dated August 25, 2023, had noted, “the Learned Additional Solicitor General states that the Home Ministry will ascertain and get information from the State Government(s) regarding appointment of the Nodal Officer(s), and status report will be filed within a period of three weeks from today. In case, any State government does not furnish information/ details, the said factum will be stated”

For the background, in the matter of Poonawalla, a bench of the then Chief Justice of India, Dipak Misra, Justice A.M. Khanwilkar, and the present Chief Justice of India, D.Y. Chandrachud had pronounced a detailed judgment on the issue. The batch of petitions required a constitutional framework to deal with cow vigilantism and other incidents of lynching or targeted violence and the commission of offences affecting the human body and against private and public property by mobs under the garb of self-assumed and self-appointed protectors of law.

Cause Title: Ashwini Kumar Upadhyay v. Union Of India & Ors. and connected matters [W.P.(C) No. 943/2021]

Justice Sanjiv KhannaJustice Dipankar DattaHate SpeechAshwini Kumar Upadhyay

Sukriti Mishra