The Supreme Court on Monday refused to entertain a public interest litigation seeking mandamus to politicians to file an undertaking before the Election Commission that they would not use hate speech, creating enmity between communities, during elections.
A bench of Justices R M Lodha and Dipak Misra asked
how the court could issue direction on a petition filed under Article 32 (writ jurisdiction), as there was no violation of any fundamental right of the petitioner.
“Freedom of expression is a precious right given in Constitution. Don’t curtail it. Our Constitution does not empower you to put restrictions on it,” the court told petitioner Manohar Lal Sharma.
Sharma had claimed that various politicians not only make false accusations against one each other but try to pit one community against the other.
The court, however, said, “These are matters of perception. Who will determine what constituted hate speech?”
The petitioner claimed that politicians violated provisions of the Indian Penal Code and the Representation to People Act.
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