SC calls for fraternity in political discourse, refuses PIL on speech guidelines

The Supreme Court of India on Tuesday said that political leaders must promote fraternity in the country even as it declined to hear a public interest litigation PIL seeking guidelines on political speechesA bench led by Chief Justice Surya Kant along with Justices B V Nagarathna and Joymalya Bagchi asked the 12 petitioners to withdraw their plea and file a fresh more neutral petition if they wished to pursue the matter The petition was filed by academician Roop Rekha Verma and others including former civil servants and activists It was argued by senior advocate Kapil SiballdquoAtmosphere has become toxicrdquoSibal told the court that the public atmosphere had become ldquotoxicrdquo due to political speeches and urged the bench to frame guidelines to ensure accountability ldquoItrsquos becoming toxic I am not on any individualrdquo he said clarifying that the plea was not aimed at any one leader as per PTIThe petition was moved in the backdrop of alleged hate speeches by Assam Chief Minister Himanta Biswa Sarma A day earlier another bench had refused to entertain petitions seeking action against him over a viral videoCourt questions selective targetingHowever the bench of Supreme Court expressed concern that the plea appeared to single out certain individualsldquoOf course it is against an individual especially at this time The Chief Justice then asked to withdraw this and instead file a simple plea on what conditional guardrails have been laid down and how political parties are violating themHe added that a petition targeting ldquoselectively chosen fewrdquo would not be acceptable Any challenge he said must be objective and evenhanded ldquoWe are inclined to entertain such a petition We are eagerly waiting for someone with objectivity to come and file onerdquo he remarked as per PTI reportsldquoPolitical leaders must foster fraternityrdquoJustice Nagarathna stressed the broader constitutional value at stake ldquoPolitical leaders must foster fraternity in the countryrdquo she observedShe also raised practical concerns about framing new rules ldquoSuppose we lay down guidelineshellip Who will follow themrdquo she asked She further added that any origin of speech is thought and then asked that how is suppose to regularise or control thoughts We must raise thoughts in line with constitutional valuesrdquo added NagarathnaJustice Bagchi added that while the court can pass orders ensuring implementation is often difficult He pointed out that the Supreme Court has already laid down principles on hate speech and free expression in earlier judgments ldquoResponsibility lies with the political parties as well He is a member of the party a leaderrdquo he saidSibal argued that while the Election Commissionrsquos Model Code of Conduct MCC applies during elections speeches made before the MCC period often continue to circulate on social media even after it comes into force ldquoIn the digital world when the MCC comes into force these speeches are repeated What is the responsibility of the media in such cases so that the democratic atmosphere is not vitiatedrdquo he askedHowever the Chief Justice noted that public servants are already governed by service rules including the All India Services Rules and cautioned against casually drafted pleasWhile declining to entertain the present PIL the court indicated it is open to examining a properly framed neutral petition addressing broader issues of political speech and constitutional values For now the bench made it clear that maintaining fraternity is a responsibility that lies primarily with political leaders and parties themselves