Bengaluru Court Dismisses Plea Seeking Action Against PM Narendra Modi Over Alleged Hate Speech Against Muslim Community

A Court in Bengaluru while dismissing the private complaint filed against Prime Minister Narendra Modi, for his alleged hate speech in Rajasthan against the Muslim community, made during the Lok Sabha campaigning, observed “Muslims in India are also citizens of this secular country under the Indian Constitution. If so, they are not the 'Infiltrators' to this country.”

Magistrate K.N.Shivakumar in its detailed order rejected the contention of the complainant activist Ziaurrahaman Nomani that the derogatory speech at Banswara in Rajasthan on April 21, instigated people to treat the community members as intruding usurpers who have taken away the wealth of this nation for themselves by using words 'Infiltrators' & phrase 'those having more children'.

He said “He (Modi) has not referred the said words to any person or persons of Muslim religion or community or any other religion or community for that matter. Such 'Infiltrators' may be from Pakistan or Bangladesh or China or Srilanka and may be of different religions, but not Indian Muslims. Moreso, nowhere in either our Constitution or any other law in India, it is provided that only persons from Muslim community should have more children.”

“There are several instances of Hindu communities, tribal communities & persons of other religions having more children like the Muslims. That being the case, how can it be inferred that said phrase refers to only Muslim community? Therefore even the words used in the alleged speech also would not tend to promote any such religious or communal disharmony or hatred or feeling of enmity between the Hindus & the Muslims as alleged in the complaint,” he added.

The complaint was filed for the offences under Section 153A, 153B, 295A, 503, 504 and 505(2) of IPC. The court on analysing the speech said: “It is referring to criticising an alleged election manifesto of another political party( Congress party), which may be a rival political party to Bharatiya Janatha Party and refers to criticising a statement alleged to have been made by the Ex- Prime minister Mr. Dr. Manmohan Singh, who is a congress leader.”

Noting that the intention to promote disharmony among different religions/communities such intention shall be gathered or judged not only from the words used in a particular part of such speech, but from the whole speech.

The court said, “Prima-facie no such intention to harm or degrade the Muslim religion or religious feelings of Muslim community or any other religion or community for that matter could be gathered.”

It held “In the entire speech no words or phrases that would lower or degrade any religion or community or the customs, beliefs, practices of any such religion or community including Muslim religion/community were used. Rather in his speech he was trying to convey what special schemes & programs were made by their Government for the upliftment of women, children, tribal and minority communities. That being the case, how come it be considered that said speech could promote religious disharmony or hatred or feeling of enmity between Muslim community & any other religion and how come any such intention be attached to said speech.”

It added that at the most it could be considered as a speech that would cause or tend to cause hatred or enmity between two political parties or political classes on the basis of a political thesis, which cannot attract any such offences under Sections 153A, 153B & 505(2) of IPC.

Stating that the said gathering might have citizens belonging to different religions, communities, classes & castes including the Muslim community, the court said, “That being the case how come said speech be considered to be promoting any such religious or communal hatred or disharmony, feeling of enmity among different religions or communities including the Hindu & Muslim religions.”

Accordingly, it dismissed the complaint.

Case Title: ZIAURRAHAMAN NOMANI Versus NARENDRA DAMODARDAS MODI

Case No: PCR 7024/2024.

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