The Supreme Court on Monday declined to urgently hear a public interest litigation (PIL) seeking action over alleged derogatory remarks made by BJP Minority Morcha leader and social media influencer Nazia Elahi Khan against Prophet Muhammad. Instead, the court advised the petitioner to first approach the police and follow the legal process before seeking intervention from the apex court.
A Bench of Justice Ahsanuddin Amanullah and Justice Sheel Nagu refused an oral request for urgent listing made by Advocate Rajat Kumar on behalf of advocate-on-record Ansar Ahmad Chaudhary. Kumar argued that the alleged remarks had the potential to trigger communal disharmony. The Bench, however, stressed that litigants should not bypass established legal procedures by directly approaching the Supreme Court, Live Law and Bar & Bench report.
SC Stresses Faith In Legal Process
Questioning the growing tendency to seek immediate intervention from the apex court, Justice Amanullah said citizens must have faith in the legal system and allow local authorities to act first.
“Have you filed a case? The police is there. Have faith in our system. We are only the apex, we are here to monitor. It is also an eye-opener for us whether our lower functionaries are working or not. If everything is short-circuited here, they will also raise hands... all institutions are going haywire because everything comes from the top,” the judge observed.
The Bench also cautioned against sensationalising sensitive issues. Justice Amanullah acknowledged the seriousness of the matter but said legal remedies must first be exhausted.
“It’s a grave thing, I agree with you... but then there is a procedure. If that doesn’t work, come to us. In sensitive matters, you are also a citizen of India first, you must understand the implications. You are a counsel. You know the law. You understand the consequences. Don’t sensationalise these things. If one person has made a mistake, pin him down with the full force of the law,” he said.
PIL Seeks Guidelines, Removal Of Content
The PIL has named the Union Government’s Home Department, the Ministry of Electronics and Information Technology (MeitY), YouTube, Facebook, X and Nazia Elahi Khan as respondents.
It seeks directions to frame and implement guidelines to regulate and prevent the publication and circulation of online content that is deliberately derogatory or insulting towards revered religious figures, including Prophet Muhammad and Bhagwan Shri Ram. The petition also seeks safeguards to prevent the misuse of digital platforms for hurting religious sentiments and promoting communal disharmony.
Additionally, the petitioner has sought directions for authorities to identify, remove and delete the alleged defamatory videos and similar content from social media platforms, including YouTube, Facebook, Instagram and X, to prevent any untoward incidents arising from their circulation.
According to reports, Khan allegedly made derogatory remarks about Prophet Muhammad and his family during a podcast in June. Clips from the podcast later went viral on social media, following which multiple FIRs were registered against her. As reported by The Indian Express, police in the Mumbai Metropolitan Region (MMR) registered two FIRs against Khan last month in connection with the alleged remarks.
