Prior Sanction Required For Case Against Hate Speech, Says Court

A court in Delhi has dismissed a plea for registration of an FIR against a person for allegedly making derogatory comments against the Buddhist community, saying prior sanction for prosecution from the competent authority is required for the court's direction.

The court was hearing a plea 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 against the Buddhist community, which created an atmosphere of disharmony in the society".

"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 in an order passed on Friday.

The court said that according to a recent judgement of the Delhi High Court, appropriate sanction of the government was required for investigation and direction of registration of FIR under the provision of the Code of Criminal Procedure (CrPC) in the case of hate speeches, etc.

The court also said that according to the Supreme Court, the requirement for obtaining sanction, instead of being directory in nature, was a mandatory requirement.

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