BREAKING: Supreme Court Tells Centre, States to Act on Hate Speech Without Eroding Freedom of Expression

New Delhi: The Supreme Court on Monday voiced concern over the unchecked spread of hate speech, urging both the Centre and states to find ways to regulate such content while preserving citizens’ constitutional right of freedom of expression.

‘Why Aren’t People Finding This Jarring?’

A bench of Justices BV Nagarathna and KV Viswanathan, hearing a plea filed by Wajahat Khan, the complainant in the case against social media influencer Sharmistha Panoli said citizens themselves must recognise and reject divisive speech.

“Why aren’t people finding such speech jarring, improper?” Justice Nagarathna observed. 

“There must be some regulation of content, and citizens should restrain themselves from sharing and liking such hate speech.”

Wajahat Khan has been booked in several states for allegedly posting social media content inciting hatred and communal disharmony. 

He is currently in Kolkata police custody for two FIRs filed in West Bengal and remains under arrest since June 9.

The top court, noting the proliferation of FIRs, questioned the utility of repeatedly arresting an accused for the same material.

“What’s the point of more FIRs and putting the person in jail?” the bench asked.

Khan’s lawyers argued the FIRs were retaliatory, following his complaint against Panoli, who was arrested for allegedly hurting religious sentiments after Operation Sindoor. Panoli was subsequently granted interim bail by the Calcutta High Court.

On June 24, the Supreme Court issued notices to the Centre and the states of Assam, Delhi, Haryana, and West Bengal, seeking responses to Khan’s plea for consolidating all FIRs in one jurisdiction.

Khan Offers Apology in Court

During Monday’s hearing, Khan’s counsel informed the court he had expressed remorse over his earlier posts.

“My complaint has come back to bite me. There is no excuse for my conduct. The tweets were old, in reaction to things. I have apologised,” Khan submitted.

SC Calls for Balanced Solutions

The bench asked all parties to suggest mechanisms to curb hate speech without trampling on free speech protections.

“No one wants the state to step in to regulate speech, but there must be some boundaries,” the court said.