B.S.CHAUHAN, M.Y.EQBAL, A.K.SIKRI
Pravasi Bhalai Sangathan – Appellant
Versus
Union of India – Respondent
JUDGMENT : -
B.S. CHAUHAN, J.
1. The instant writ petition has been preferred, by an organisation dedicated to the welfare of inter-state migrants, in the nature of public interest seeking exercise of this court’s extraordinary jurisdiction under Article 32 of the Constitution of India, 1950 (hereinafter referred to as the ‘Constitution’) to remedy the concerns that have arisen because of “hate speeches”, through the following prayers:
a. Issue appropriate writ, order, decree in the nature of mandamus declaring hate/derogatory speeches made by people representatives/political/religious leaders on religion, caste, region and ethnic lines are violative of Articles 14 (Equality before Law), 15 (Prohibition of discrimination on grounds of religion, race, caste or place of birth), 16 (Equality in matters of public employment), 19 (Protection of certain rights regarding freedom of speech etc.), 21 (Protection of Life and Personal Liberty) of Fundamental Rights read with Article 38 of the Directive Principles of State Policy and Fundamental Duties under Article 51-A(a), (b), (c), (e), (f), (i) & (j) of the Constitution and merits stringent pre-emptory action on part of the Central and State
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