Hate speech case: If said with smile, no criminality, says Delhi HC Sofi Ahsan March 26, 2022 https://indianexpress.com/article/cities/delhi/hate-speech-case-if-said-with-smile-no-criminality-says-hc-7836774/
The court was hearing CPI(M) leader Brinda Karat’s petition against a lower court order in which the prayer for registration of FIR against Union Minister Anurag Thakur and MP Parvesh Verma for their alleged hate speech was declined.
“Were they election speeches? Was that an election speech or speech in ordinary time? If any speech is given during election time, then it’s a different thing. If you’re giving a speech in the ordinary course, then it is instigating something. In the election speech, so many things are said by politicians to politicians… that is also a wrong but I have to see the criminality of the act,” said the court... It added that otherwise thousands of FIRs may be lodged against all politicians during elections: “If you’re saying something with a smile then there is no criminality, if you’re saying something offensively then criminality. You have to check and balance. Otherwise, I think 1,000 FIRs may be lodged against all politicians during elections.”
“Because we are also in democratic … you also have the right to speech and all these things.