Justice Rajesh Dayal Khare of the Allahabad high court held that it is for the state to screen a suspected speech or a TV telecast and ascertain if a particular speech has the potential to rake up anti-national feelings, and file a detailed affidavit on the same.
Taking an advanced step for upholding the right of free speech and assembly, which are curtailed by the state if it suspects a person is indulging in ‘terror’ activities and designing for 'waging a war' against the state, the Allahabad high court has ruled that a speech that doesn’t “incite” people to resort to violence can't be treated as an act of terrorism.
Justice Rajesh Dayal Khare held that it is for the state to screen a suspected speech or a TV telecast and ascertain if a particular speech has the potential to rake up anti-national feelings, and file a detailed affidavit on the same.
The judgment has come in an appeal filed by Dr Zakir Abdul Karim Naik, challenging a case initiated by the Uttar Pradesh in 2006 following a speech he made to a congregation in Bangalore along with Sri Sri Ravi Shankar on January 21, 2006, and which was telecast on Peace TV.
The UP government said his speech propagated violence and exhorted Muslims to wage war against the State by indulging in acts of terror.
Relying on judgments pronounced by the Supreme Court and a US court, the Allahabad high court underlined that mere association with a terror group or a particular ideology doesn't make a person a terrorist.
Naik’s lawyer said his client is president of the Mumbai-based Islamic Research Foundation, which clarifies viewpoints about Islam based on the Holy Quran and authentic Hadiths (sayings of the Prophet).
Naik’s lawyer said Naik has been delivering public talks even in foreign countries for the last 15 years and has been invited as a State guest in many countries.
The complaint has alleged that Naik had “hurt the religious sentiments of a particular community” and published and distributed a pamphlet with inciting messages to provoke hatred and ill-will amongst the different communities.
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