Lawstreet Journal

Cannot Pass Order in Absence of a Definition Of ‘Hate Speech’ By Invoking Art. 226: Karnataka HC [READ ORDER]

Lawstreet Journal 29 May 2020 8:57pm

Image courtesy: Lawstreet Journal Judiciary Cannot Pass Order in Absence of a Definition Of ‘Hate Speech’ By Invoking Art. 226: Karnataka HC [READ ORDER]

On May 13, 2020, a Division Bench of Justices B. V. Nagaraihna and M. G. Uma of the High Court of Karnataka at Bengaluru had in the matter of Campaign against Hate Speech, an Unregistered Organization, and Ors. v. State of Karnataka and Anr. dismissed the writ petition styled as PIL seeking action against media houses and political leaders who had allegedly made hate speech against minority community holding that in the absence of any legislation from legislature defining ‘hate speech’, it cannot pass any other under Article 226 invoking writ jurisdiction. 

 

Background of the Case: 

Counsel for the petitioners had contended that the complaints have been made in the background of COVID-19 which has engulfed the world including India and in the context of the outbreak of COVID-19 pandemic there has been inciteful and irresponsible speeches and reports made by certain political personalities and the same to hate speech and its impact is overwhelming. They had contended that the initiation of action against hate speech has not been taken into consideration by the respondents as there was no registration of complaint filed by the first petitioner before the respondents.

The Additional Solicitor General who had appeared for the respondents had argued that the PIL was not in the public interest and if any of the complainants have been by following the provisions of Criminal Procedure Code, 1973 (Cr.P.C,) and the same have not been acted upon, then they have a remedy under the provisions of Cr.P.C. itself. 

 

Finding of the Court: 

The Court… Continue Reading...


Tagged: Karnataka high court   Karnataka high court  
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