SC declines urgent hearing on PIL over Prophet Muhammad remarks
Synopsis
Key Takeaways
The Supreme Court on Monday, 6 July declined to grant an urgent hearing to a public interest litigation (PIL) seeking action over alleged derogatory remarks against Prophet Muhammad in a viral social media video, directing the petitioner to first exhaust the ordinary legal process and approach police authorities before knocking on the apex court's doors.
What the Bench Said
A Bench comprising Justices Ahsanuddin Amanullah and Sheel Nagu refused to entertain the plea for urgent listing and urged the petitioner to trust the established legal framework. 'The police are there. Have faith in our system. We are only the Apex; we are here to monitor,' the Bench remarked, cautioning that if every grievance bypassed lower authorities to land directly before the Supreme Court, those authorities would lose the incentive to discharge their responsibilities.
Justice Amanullah acknowledged the gravity of the allegations while firmly underlining the primacy of procedure. 'It's a grave thing, I agree with you... speaking for myself, I am very sensitive to it... but then there is a procedure. If that doesn't work, come to us,' he said. The judge also warned against amplifying sensitive communal matters: 'Don't sensationalise these things. If one person has made a mistake, pin him down with the full force of the law.'
What the PIL Seeks
The petition, filed under Article 32 of the Constitution by advocate-on-record Ansar Ahmad Chaudhari, names the Union Ministry of Home Affairs, the Ministry of Electronics and Information Technology (MeitY), YouTube, Facebook, X, and Nazia Elahi Khan as respondents. It seeks court directions to identify, remove, and delete from social media platforms all videos and posts allegedly containing defamatory or offensive remarks against Prophet Muhammad.
Beyond content removal, the plea urges the Centre to frame and implement comprehensive guidelines regulating the publication and dissemination of online content that is deliberately derogatory or insulting towards revered religious figures — including, as stated in the petition, Prophet Muhammad and Bhagwan Shri Ram. It also seeks safeguards to prevent the alleged misuse of digital platforms for outraging religious sentiments and fomenting communal disharmony.
Background: The Viral Podcast Clip
According to the petition, the controversy stems from a viral podcast clip in which respondent Nazia Elahi Khan allegedly made remarks about Prophet Muhammad that the petitioner contends are deeply offensive to the religious sentiments of Muslims. The plea further argues that the interviewer, despite having the opportunity to edit out the allegedly objectionable portion, published the podcast in its entirety, thereby facilitating its wider circulation.
The petition contends that while freedom of speech is a fundamental right under the Constitution, it is subject to reasonable restrictions and does not extend to deliberately offensive remarks against revered religious figures that are capable of disturbing public order and communal harmony.
Prior Legal Action and Timeline
According to the list of dates annexed to the petition, an FIR was registered in Mumbai on 23 June in connection with the alleged remarks. The present PIL was subsequently filed before the Supreme Court on 2 July. The court's refusal to fast-track the matter effectively directs the petitioner back to the ongoing criminal process already set in motion by that FIR.
The matter is likely to return to the Supreme Court if the petitioner finds the police response inadequate — a pathway the Bench itself left open on Monday.