Jail time is must for repeat offenders: Kerala High Court while hearing PC George hate speech case

The Kerala High Court today expressed that jail time should be made a compulsory punishment for those who repeatedly make caste-based comments or repeatedly engage in hate speech [PC George v. State of Kerala]..Justice PV Kunhikrishnan made the observation while hearing an anticipatory bail plea by Bharatiya Janata Party (BJP) leader PC George in connection with a hate speech case. George has been accused of making derogatory statements against the Muslim community during a televised programme.The Court today reserved orders on the anticipatory bail plea. Notably, the judge also criticised the trend of politicians resorting to such provocative statements."He (George) is an experienced politician, how can he make such comments? ... It's a secular country. Why these people are using this caste-based comments," Justice Kunhikrishnan remarked. .He went on to question why there has been no amendment to the criminal laws to ensure stricter punishments for offenders, who repeatedly engage in hate speech."My doubt is, even after (Bharatiya Nyaya Sanhita) has come, the maximum sentence that is given under Section 196 (offence of promoting enmity) is three years or fine. Why has this not been amended with respect to repeated offenders? In a secular country like ours, why has the Law Commission ignored this even after the new criminal laws were introduced? Our preamble says we are a secular nation. A first-time offender may escape with a fine, but even a second-time offender only gets fined? According to me, there should be a mandatory jail sentence for repeat offenders in cases where caste-based comments are made in a secular state," he said. .There should be a mandatory jail sentence for repeat offenders where caste-based comments are made in a secular state.Justice PV Kunhikrishnan.PC George was booked in a hate speech case recently on allegations that he made derogatory remarks against the Muslim community during a televised debate on January 5.Following a complaint by the Muslim Youth League Municipal Committee, an FIR was registered against him under Sections 196(1)(a) (promoting enmity on religious, racial, or linguistic grounds) and 299 (malicious acts to outrage religious feelings) of the Bharatiya Nyaya Sanhita, 2023 (BNS), along with Section 120(o) (Powers to deal with unlawful assemblies) of the Kerala Police Act.Earlier, the Kottayam Sessions Court had denied him anticipatory bail, prompting George to approach the High Court for relief..The State today maintained that George should not be given the benefit of anticipatory bail when he has repeatedly made provocative comments, despite court orders not to do so."This is not the first time. Scant regard to court orders. Whether this court can exercise this jurisdiction when he's violating the orders repeatedly? Even without registration of crime he's committing crime. Here there is already crimes registered based on the serious allegations against him. Just see the nature, even if he was provoked (in the present case), this is not first time he's committed the offence ... If he is granted bail today with conditions, what is the guarantee that he will follow them this time?” argued Senior Public Prosecutor P Narayanan..In earlier an hearing, the Court had expressed similar concerns over George’s repeated violations of previous bail conditions which barred him from making provocative statements.Senior counsel P Vijayabhanu represented George. In earlier hearings, he had defended his client by stating that the remarks were made in the heat of the moment without any intent to commit an offence. He added that George had apologized immediately afterwards..Meanwhile, advocate S Rajeev, appearing for the complainant, Muhammed Shihab, joined the State in opposing the anticipatory bail plea..Advocates Sruthy N Bhat, PM Rafiq, Ajeesh K Sasi, M Revikrishnan, Rahul Sunil, Sruthy KK, Sohail Ahammed Harris PP, Nanditha S, Aaron Zacharias Benny, and K Aravind Menon also represented PC George..[Read Live Coverage]