Constitutional Functionaries cannot weaponise speech against Communities, says Apex Court

The Supreme Court has underscored that public figures, particularly those holding high constitutional office, cannot single out any community on the basis of religion, caste, language or region, declaring such conduct incompatible with constitutional values. The observation came while disposing of a plea seeking a stay on the release of the Netflix film Ghooskhor Pandat, with the Court ultimately allowing the project to proceed and signaling closure to the controversy.

The matter arose from objections to the upcoming crime thriller, which petitioners claimed could offend communal sensitivities. A Bench of Justice B.V. Nagarathna and Justice Ujjal Bhuyan considered submissions and placed on record an affidavit by filmmaker Neeraj Pandey addressing the concerns raised.

While declining to halt the release, the Court used the occasion to reflect on broader constitutional principles, particularly the balance between free expression and the prohibition against hate or divisive content. The judges reiterated that artistic and creative freedoms are protected, but not at the cost of undermining the dignity or unity of any section of society.

In a separate but concurring opinion, Justice Bhuyan emphasized that fraternity, as enshrined in the Preamble, is foundational to national integrity. He observed that “it is constitutionally impermissible for anybody, be it the State or non-state actors, through any medium… to vilify and denigrate any community.” The Court further stressed that this restraint applies with greater force to constitutional functionaries who have sworn to uphold the Constitution.

While affirming the centrality of free speech under Article 19, the judgment clarified that constitutional protections do not extend to expressions that erode communal harmony. With the filmmaker’s assurances on record, the Bench disposed of the plea and declined to interfere with the film’s release.

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