PIL Filed In Karnataka High Court Seeking Action Against Ministers, MLAs For Alleged Hate Speech

The petition filed through Advocate R Kothwal states that, "This petition is filed in opposition to the unprecedented levels of hate speech against the minority Muslims of the state, this violent rhetoric has reached a dangerous new pitch stoking communal tension across the state."

The plea cites the order of the Supreme Court in the case of Tehseen Poonawalla v. Union of India, wherein the court condemned the sweeping phenomenon of lynching and mob violence in the country and had issued several directions and measures which were 'preventive', 'remedial' and 'punitive' for the Central and State Government as well as law enforcement agencies.

The respondents in the plea include KS Eshwarappa (Minister for Rural Development and Panchayat Raj), MP Renukacharya (MLA, Political Secretary to Chief Minister of Karnataka), CT Ravi (National General Secretary of BJP), Pratap Simha (Lok Sabha MP), Rishikumara Swamy, Pramodh Mutalik, Basangouda R Patil (Yatnal), Shobha Karanjadale, Tejasvi Surya, and Sullibelle Chakrabarthy. The plea relies on various media reports to highlight the alleged hate speeches delivered by these respondents.

The plea states that nothing is being done by the state of Karnataka about systematic forms of atomized and targeted violence against Muslims fuelled by hate speeches in the state. Further, it is said, "No measures have been taken by the Karnataka Police to spread awareness that mob violence and lynching shall invite serious consequences as per the Preventive Measures given in Tehseen Poonawalla v Union of India, neither has deterred individuals advocating inciteful and irresponsible hate speeches made by political personalities against minorities in particular against Muslims."

It is also stated that the economic boycott of people and businesses belonging to minority communities is a direct attack on the Constitutional concept, violating the very tenets of the Constitutional guarantees of brotherhood, unity and integrity of our democratic Nation.

It adds ,"Such calls for social and economic boycott is a clear social disability imposed on a certain class of persons promoting and propagating untouchability which is violation of Article 17 of the constitution of India, that is - it is illegal to practice untouchability in any form."

The plea prays for direction to the State of Karnataka to broadcast on television, radio and other media platforms and also on official websites of the Home Department and the Karnataka Police and create awareness that hate speech, mob violence and mob lynching shall invite serious consequences as per the Preventive Measures given by the Supreme Court in the case of Tehseen Poonawalla vs Union of India. Further to direct the state government to designate courts in each districts to try hate speech and lynching cases on a day to day basis.

Case Title: Mohammed Khaleelulla v State of Karnataka

Case No: FR NO WP 6872/2022