Institute of Legal and Management Studies

The Supreme Court today (August 4) refused to entertain a petition seeking an independent investigation against the alleged hate speech given by MNS President Raj Thackery, which led to violence against Hindi-speaking employees in Mumbai. The Court has granted liberty to the petitioner to approach the Bombay High Court.

The bench of CJI BR Gavai and Justice K Vinod Chandran was hearing the writ petition under Article 32 filed by the National President of Uttar Bhartiya Vikas Sena, Sunil Shukla.

Refusing to entertain the matter, the bench asked the petitioner to approach the High Court.

Shukla said he is based in Mumbai and is the leader of a registered political party working for the interests of marginalised North Indian residents in Maharashtra.

The petition sought (1) protection to himself and family against ongoing threats; (2) direction to ECI to consider derecognition of Maharashtra Navnirman Sena (MNS); (3) independent investigation into the hate speech and violence incident or constitution of an SIT; (4) restrain Raj Thackery from delivering further speeches which may be inciteful till the investigation is not completed.

The plea states that on the occasion of Gudi Padwa, during a rally, MNS President Raj Thackery " delivered an inflammatory speech which incited violence against North Indians working in public-facing jobs for speaking Hindi. This speech was broadcast on ABP Maza and led to violent attacks on Hindi-speaking employees at multiple locations in Mumbai, including Powai and D-Mart in Versova."

The petition also mentions previous instances of harassment faced by Shukla :

"Prior to such speech too, the Petitioner received serious threats, including a chilling message on Twitter that openly incited his murder, and over 100 anonymous phone calls threatening his life.On 6th October 2024, a group of approximately 30 individuals affiliated with MNS attempted to ransack the office premises of the Petitioner's political party."

Despite making representations to the Maharashtra Chief Minister, DGP, Commissioner of Police and ECI, the plea stresses that no FIRa has been registered against the accused persons.

According to the petition, the conduct of MNS President and its party members " clearly attract provisions of the Indian Penal Code, including Sections 153A, 295A, 504, 506, and 120B, as well as Section 125 of the Representation of the People Act, 1951, for promoting enmity on grounds of language and region."

The reliefs sought by the petitioner concerning the State of Maharashtra (Respondent no.2); Police Commissioner ( Respondent no.3); ECI (Respondent no. 4), and Raj Thackery (Respondent no.5) are :

a) Issue a writ of mandamus or any appropriate direction to the Respondents No. 2 and 3 to provide immediate police protection to the Petitioner and his family and register FIRs and initiate criminal investigation under relevant Sections of IPC and other applicable laws based on the Petitioner's complaints; and

b) Issue appropriate directions to Respondent No. 4 the Election Commission of India to consider taking action under the Representation of the People Act, 1951, including derecognition of Maharashtra Navnirman Sena (MNS) for promoting hatred and enmity; and

c) Direct that the investigation into the incidents of hate speech, threats, and physical violence be carried out by an independent agency or SIT, to ensure a fair and impartial probe; and

d) Restrain Respondent No. 5, during the pendency of investigation, from making any further provocative or inciteful public statements likely to disturb public order;

Counsels for the petitioner : Advocates Abid Ali Beeran, Sriram Parakkat, Anandhu S Nair, Maneesha Sunil Kumar, AOR Sriram P.

Case Details : SUNIL SHUKLA vs. UNION OF INDIA | W.P.(C) No. 000316 / 2025