The Supreme Court fixed for final hearing BJP leader Subramanian Swamy‘s plea challenging the constitutional validity of certain IPC provisions on hate speech and writing. “Let the matter be listed for final hearing. Law Commission report be also tagged along with the matter,” a bench of justices Kurian Joseph and A M Khanwilkar said.
The Centre had earlier termed as “not maintainable” and opposed Swamy’s plea saying his petition was not a “writ petition but a personal interest litigation” as NBW has been already been issued against him with regard to the alleged hate speeches.
Swamy had vehemently opposed the contention of Solicitor General and said his plea has already been considered by the previous bench headed by Justice Ranjan Gogoi which has agreed to examine the constitutional validity of 156(3) of IPC and he was not on the issue of bailable warrant.
He had argued that his plea for quashing of NBW was already before the Gauhati High Court. The apex court was hearing Swamy’s plea against the order of a trial court in Assam which issued an NBW against him for failing to appear before it on 19 March, 2015 in a case of alleged hate speech.
On 2 July the same year, the apex court had stayed the execution of the non-bailable arrant issued against him by the Assam court for allegedly delivering a hate speech at a university there. Swamy, who is facing a court case in Karimganj in Assam for allegedly delivering the inflammatory address at Kaziranga University, had sought relief from the apex court in the case. He has also challenged the constitutional validity of Section 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc, and doing acts prejudicial to maintenance of harmony) of the Indian Penal Code.