Dr. B.S. CHAUHAN, J. The instant writ petition has been preferred, by an organisation dedicated to the welfare of inter state migrants, in the nature of public interest seeking exercise of this companyrts extraordinary jurisdiction under Article 32 of the Constitution of India, 1950 hereinafter referred to as the Constitution to remedy the companycerns that have arisen because of hate speeches, through the following prayers Issue appropriate writ, order, decree in the nature of mandamus declaring hate derogatory speeches made by people representatives political religious leaders on religion, caste, region and ethnic lines are violative of Articles 14 Equality before Law , 15 Prohibition of discrimination on grounds of religion, race, caste or place of birth , 16 Equality in matters of public employment , 19 Protection of certain rights regarding freedom of speech etc. ,
21 Protection of Life and Personal Liberty of Fundamental Rights read with Article 38 of the Directive Principles of State Policy and Fundamental Duties under Article 51 A a , b , c , e , f , i j of the Constitution and merits stringent pre emptory action on part of the Central and State governments Issue appropriate writ, order, decree in the nature of mandamus declaring hate derogatory speeches made on the lines of religion, caste, race and place of birth region to be an act against the Union of India which undermines the unity and integrity of the companyntry and militates against number discrimination and fraternity Issue appropriate writ, order, decree in the nature of mandamus declaring that Fraternity forms part of Basic Structure of the Constitution Issue appropriate writ, order, decree in the nature of mandamus directing mandatory suo motu registration of FIR against authors of hate derogatory speeches made on the lines of religion, caste, race and place of birth region by the Union and State Governments, in the alternative, companystitution of a companymittee by the Union of India in companysultation with this Court for taking companynizance of hate derogatory speeches delivered within the territory of India with the power to recommend initiation of criminal proceeding against the authors Issue appropriate writ, order, decree in the nature of mandamus directing mandatory imposition of gag order restraining the author of hate derogatory speeches made on the lines of religion, caste, race and place of birth region from addressing the public anywhere within the territory of India till the disposal of the criminal proceeding initiated against him as a necessary pre condition for grant of bail by the Magistrate Issue appropriate writ, order, decree in the nature of mandamus directing speedy disposal of criminal proceedings against authors of hate derogatory speeches made on the lines of religion, caste, race and place of birth region within a period of 6 months Issue appropriate writ, order, decree in the nature of mandamus directing suspension of membership of authors of hate derogatory speeches made on the lines of religion, caste, race and place of birth region from the Union State Legislature and other elected bodies till the final disposal of the criminal proceedings Issue appropriate writ, order, decree in the nature of mandamus directing termination of membership of authors of hate derogatory speech made on the lines of religion, caste, race and place of birth region from the Union State Legislature and other elected bodies if found guilty Issue appropriate writ, order, decree in the nature of mandamus directing de recognition of the political party of authors of hate derogatory speech made on the lines of religion, caste, race and place of birth region by the Election Commission of India where the author is heading the political party in exercise of power vested inter alia under Article 324 of the Constitution read with Sections 29A 5 , 123 3 of the Representation of the People Act, 1951 and Section 16A of the Election Symbols Reservation and Allotment Order, 1968 Issue appropriate writ, order, decree in the nature of mandamus directing the Union of India to have companycurrent jurisdiction to prosecute authors of hate derogatory speeches in addition to the States in terms of the mandate of Articles 227, 355 read with Article 38 of the Constitution which merit stringent pre emptory action on part of the Central Government Issue appropriate writ, order, decree in the nature of mandamus directing the Union of India and respective States to enforce Fundamental Duties under Article 51 A a , b , c , e , f , i j of the Constitution by taking proactive steps in promoting national integration and harmony amongst the citizens of India Issue such other appropriate writ or direction that may be deemed to be just and equitable in the facts and circumstances of the case and in the interest of justice.
