SC rejects Karnataka govt's plea against Tejasvi Surya, says 'fight your battles before electorate'
New Delhi: The Supreme Court on Monday dismissed the Karnataka government’s plea challenging the High Court’s decision to quash a criminal case against BJP MP Tejasvi Surya. The case pertained to allegations of spreading fake news related to a farmer’s suicide in Haveri district.
A bench comprising Chief Justice of India B R Gavai and Justice K Vinodchandran expressed strong disapproval of politicising judicial proceedings. “What is this? Don’t politicise the matter. Fight your battles before the electorate. Dismissed with costs,” CJI Gavai remarked while refusing to entertain the state’s petition.
The case arose from a social media post by Surya on November 7, 2024, in which he shared a news article from Kannada media outlets claiming that a farmer named Rudrappa Channappa Balikai had taken his own life after learning that his land had been taken over by the Waqf Board. The post was later deleted when it was clarified that the farmer’s death, which occurred on January 6, 2022, was due to crop loss and financial distress, and had no connection with the Waqf Board.
The Haveri district police had registered a suo-motu case under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS) for promoting enmity or ill-will between different groups through false statements.
However, the Karnataka High Court had quashed the FIR earlier, after which the state appealed to the Supreme Court.
With the apex court’s dismissal, the case stands closed.
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Supreme Court declines fresh curbs on hate speech, says existing laws are enough
New Delhi: The Supreme Court of India on Wednesday refused to issue additional directions to curb hate speech across the country, holding that the existing legal framework is sufficient and that the real issue lies in implementation rather than absence of law.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta said creation of criminal offences falls within the legislative domain and courts cannot legislate or compel Parliament and state legislatures to enact laws.
The Bench observed that constitutional courts can interpret the law and issue directions for enforcement of fundamental rights, but cannot step into the law-making role.
“At the highest, the court may draw attention to the need for reform. The decision whether and in what manner to legislate remains within the exclusive domain of Parliament and the state legislatures,” the court said.
The court held that the field of hate speech is not legally vacant and said concerns arise mainly from poor enforcement of existing provisions.
It also noted that the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, provides a comprehensive mechanism to set criminal law in motion, meaning there is no legislative vacuum.
Referring to remedies already available under the earlier Code of Criminal Procedure (CrPC) and the BNSS, the court said police are duty-bound to register an FIR when a cognisable offence is disclosed, as laid down in the Lalita Kumari judgment.
It said if police fail to register an FIR, an aggrieved person can approach the Superintendent of Police under Section 154(3) of CrPC or Section 173(4) of BNSS, and thereafter move the magistrate under Section 156(3) CrPC or Section 175 BNSS, or file a private complaint under Section 200 CrPC or Section 223 BNSS.
The Bench further held that an order directing investigation under Section 156(3) CrPC does not amount to taking cognisance under Section 190 CrPC or the corresponding Section 210 of BNSS.
Even while declining fresh directions, the court acknowledged the seriousness of the issue.
It observed that hate speech and rumour-mongering directly affect fraternity, dignity and constitutional order.
The Bench urged legislative authorities to consider whether further policy or legal measures are needed in view of changing social challenges, including suggestions made in the 267th Report of the Law Commission in 2017.
The judgment came in a batch of petitions arising from events dating back to 2020, when multiple pleas were filed over alleged communal narratives spread through television channels and social media.
Among the earliest cases were challenges relating to content described as the “Corona Jihad” campaign and a programme aired by Sudarshan TV titled “UPSC Jihad”. During those proceedings, the court had restrained further telecast of the programme.
Later, more petitions were filed over speeches made at religious gatherings described as “Dharam Sansad” events.
These included pleas moved by journalist Qurban Ali and Major General S.G. Vombatkere seeking action against alleged hate speeches made at such forums.
During the pendency of the matter, the Supreme Court in 2023 had issued major directions asking all states and Union Territories to act proactively in cases involving communal hate speeches or remarks hurting religious sentiments.
It had directed police to register FIRs suo motu, without waiting for formal complaints.
Later, contempt petitions were also filed alleging poor implementation of those earlier directions.
