The Supreme Court on Monday, while hearing a plea filed by Bharatiya Janata Party leader Subramanian Swamy, said it cannot decriminalise hate speech, and said the petition must be heard in the High Court first. Swamy had challenged sections of the Indian Penal Code that deal with hate speech and said that their provisions are vaguely worded and prone to misuse.

He also said there needs to be a distinction between incitement or advocacy, and expressing one’s opinion. IANS reported that Swamy told the court, “When the matter is about the fundamental right or the constitutionality of a penal provision, the question is whether I should be denied my fundamental right of freedom of speech and expression.”

However, the apex court favoured retaining the provisions to deal with such offences, and questioned how they can be scrapped by being declared unconstitutional. The bench comprising Justices AR Dave and AK Goel asked, “How can there be no law to punish the offence?”

Swamy had filed the plea after, in 2015, he was charged with promoting enmity between groups because he said mosques were buildings with no sentiments attached to them.