<p>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.<br /><br /></p>.<p>A bench of Justices R M Lodha and Dipak Misra asked <br /><br />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.<br /><br />“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.<br /><br />Sharma had claimed that various politicians not only make false accusations against one each other but try to pit one community against the other.<br /><br />The court, however, said, “These are matters of perception. Who will determine what constituted hate speech?”<br />The petitioner claimed that politicians violated provisions of the Indian Penal Code and the Representation to People Act.</p>
<p>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.<br /><br /></p>.<p>A bench of Justices R M Lodha and Dipak Misra asked <br /><br />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.<br /><br />“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.<br /><br />Sharma had claimed that various politicians not only make false accusations against one each other but try to pit one community against the other.<br /><br />The court, however, said, “These are matters of perception. Who will determine what constituted hate speech?”<br />The petitioner claimed that politicians violated provisions of the Indian Penal Code and the Representation to People Act.</p>
