Prior sanction required for direction to register FIR for hate speech, says Delhi court | The Financial Express

Prior sanction required for direction to register FIR for hate speech, says Delhi court

The petition was filed by advocate Satya Prakash Gautam seeking registration of FIR against Swami Ram Bhadracharya for allegedly using “insulting and derogatory” words against Lord Buddha and the Buddhist community.

Prior sanction required for direction to register FIR for hate speech, says Delhi court
Image for representation. (Express graphic)

A Delhi court has junked a plea for the registration of First Information Report (FIR) against a person for allegedly making “insulting and derogatory” comments against the Buddhist community, saying prior sanction for prosecution from the competent authority is required, reports news agency PTI.

The petition was filed by advocate Satya Prakash Gautam seeking registration of FIR against Swami Ram Bhadracharya for allegedly using “insulting and derogatory” words against Lord Buddha and the Buddhist community. The plea further read that the words created an “atmosphere of disharmony” in society.

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“Admittedly, there is no previous sanction obtained by the complainant in this case from the competent authority, hence in view of the settled provision of law… the complaint… stands dismissed being not maintainable due to want of sanction…,” Metropolitan Magistrate Ajeet Narayan said as quoted by PTI. The court order was passed on Friday.

The court also cited a recent Delhi High Court judgment saying that appropriate sanction of the government was needed for probe, and direction of registration of FIR under the provision of the Code of Criminal Procedure (CrPC) in the case of hate speeches, etc. It further said that according to the Supreme Court, it is mandatory to obtain sanction, instead of being directory in nature.

(With PTI inputs)

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First published on: 04-12-2022 at 16:11 IST