Origin of speech is thought, how do you control it? Supreme Court on PIL against hate speech

The Supreme Court on Tuesday expressed reluctance to entertain yet another petition seeking guidelines to regulate public speeches of constitutional functionaries and senior executive authorities..A Bench of Chief Justice of India (CJI) Surya Kant, Justice BV Nagarathna and Justice Joymalya Bagchi said the petition should not be against a particular individual but against everyone.The Court was hearing a plea moved by activist Roop Rekha Verma for a declaration that public speeches of constitutional functionaries must not result in violation of fundamental rights.CJI Kant objected to the plea, stating it should mention all political parties. "Of course it is in against an individual ..especially at this time ..withdraw this.. File a simple plea on what conditional guardrails has been laid down and how it's violated by political parties," the CJI said..Senior Advocate Kapil Sibal, appearing for the petitioner, earlier submitted that the country's atmosphere was turning toxic. Even as he clarified that the petitioner was not against any particular individual, the CJI Kant said,"Selective chosen few here. It should be against all."On Monday, the top court had declined to entertain petitions seeking action against Assam Chief Minister Himanta Biswa Sarma over remarks allegedly targeting Muslims in the State. CJI Kant-led Bench asked the petitioners to move the High Court..Origin of speech is thought. We must erase those thoughts which goes against the constitutional ethos.Justice BV Nagarathna.Today, however, some discussion also ensued over the trend of hate speeches. Justice Nagarathna said the political parties need to foster fraternity in the country on their own."There has to be restraint on all sides. Political leaders must foster fraternity in the country. Suppose we lay down guidelines..who will follow it," the judge said.Similarly, Justice Bagchi highlighted the earlier guidelines issued by the Court."From Kaushal Kishore to Amish Devgan, how many guidelines have we laid down. Responsibility lies with the political parties to implement as well," he said.CJI Kant also pointed out that public servants are bound by service rules, adding that one has to follow the principles of constitutional morality"When you talk of public figures and public servants.. public servants have to follow. But there are rules such as All India Service Rules etc. Don't go for casually drafted one. We did not entertain one plea (against Himanta Biswa Sarma) yesterday too. We said one has to follow boundary of constitutional morality."Justice Nagarathna also remarked that the thought needs to be corrected to prevent such speeches."Origin of speech is thought. How do you control thought. We must erase those thoughts which goes against the constitutional ethos," she said..The humdrum of politics cannot dim such important issues.Justice Joymalya Bagchi.However, Justice Bagchi also commented that on the importance of the issue."Such petitions, which are so vague, is not expected. Thus is what CJI was saying. Let it not become a populist exercise but a contemplative constitutional exercise. The humdrum of politics cannot dim such important issues," he said..The matter was adjourned today after Sibal sought time to modify the plea..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.