The Supreme Court has dismissed a batch of petitions seeking contempt action against the police over its failure to suo motu register First Information Reports (FIRs) in cases of alleged hate speech.
The Bench of Justice Vikram Nath and Justice Sandeep Mehta clarified that contempt jurisdiction could not be invoked unless there was clear and wilful disobedience of judicial directions. If a complainant has not first approached the police authorities or placed relevant material before them, it would be legally untenable to allege non-compliance or institutional inaction, it noted.
The order was passed on a batch of contempt petitions alleging violation of earlier Supreme Court directions issued in October 2022 and April 2023, which had called upon law enforcement agencies to act promptly against hate speech offences. The petitioners argued that these directions imposed an obligation on the police to register FIRs suo motu, adding that failure to do so constituted contempt.
Rejecting this contention, the Court held that such an interpretation was overly expansive and inconsistent with the scope of contempt jurisdiction. It clarified that the earlier directions were intended to reiterate the statutory duties of the police under criminal law and ensure timely action in appropriate cases, but did not create an automatic or absolute mandate triggering contempt in every instance of non-registration.
The Court emphasised that the essential requirement for invoking contempt powers was the existence of deliberate or wilful disobedience. In the absence of any prior complaint, representation, or material placed before the authorities, such disobedience could not be presumed. The Court noted that the element of hesitation or failure to act despite knowledge of a cognisable offence was a necessary precondition for initiating contempt proceedings.
Disposing of the contempt petitions, the Bench declined to issue any further general directions. It observed that the creation or expansion of criminal offences fell within the legislative domain and that the existing statutory framework governing hate speech was adequate. The question of introducing additional legal provisions or amendments was left to the consideration of the Union and State legislatures.
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