The Delhi High Court in the matter of Swararaj @ Raj Shrikant Thackeray and Ant v/s State and Anr observed that religion and faith are not as fragile as human beings and religious feelings and sentiments therefore cannot be hurt or provoked by the speech of a person.

Background–

7 cases were filed against Maharashtra Navnirman Sena chief Raj Thackeray for allegedly making a provocative speech including the offense of sedition. The complaints were filed in different cities however the Supreme Court in 2010 had transferred the proceedings to the Tis Hazari courts in Delhi.

The chief of the said party had made certain comments in 2008 regarding the chhath pooja festival which allegedly hurt the religious sentiments of people belonging to that community who celebrates it 

It was alleged that the speech was shown in various news channels which was allegedly provocative.

Held– 

Justice Jasmeet Singh said that India is a unique country due to its various religions, faiths and languages which coexist and the unity lies in coexistence. The court observed that religious feelings or sentiments cannot be so weak or fragile as to be hurt or provoked by a speech of an individual.

The court further said that faith and religion are more resilient and therefore they cannot be hurt or provoked by views or investigation by an individual person.

The court quashed the summons against the petitioner.

The court further observed that in other cases against the said chief, no enquiry was conducted before issuing a summons.