(1.) The shloka from Bhagwad Gita succinctly states - whatever action is performed by a leader, common men follow in his footsteps; and whatever standards he sets by his acts, are pursued by his subjects. "With great power comes great responsibilities" - goes another popular quote. The persons who are mass leaders and occupy high offices must conduct themselves with utmost integrity and responsibility. Leaders elected in a democracy like that of India, owe their responsibility not only towards the electorate in their own constituency, but also towards the society/nation as a whole and ultimately to the Constitution. It is they who are the role models for the ordinary masses. Thus, it does not befit or behove the leaders to indulge in acts or speeches that cause rifts amongst communities, create tensions, and disrupt the social fabric in the society.
(2.) Hate speeches especially delivered by elected representatives, political and religious leaders based on religion, caste, region or ethnicity militate against the concept of fraternity, bulldoze the constitutional ethos, and violates Articles 14, 15, 19, 21 read with Article 38 of the Constitution and is in blatant derogation of the fundamental duties prescribed under Article 51-A (a), (b), (c), (e), (f), (i), (j) of the Constitution and therefore warrant stringent peremptory action on the part of Central and State Governments.
(3.) The instant petition arises out of the impugned order of dismissal of Application of Petitioners under Sec. 156 (3) of Code of Criminal Procedure, 1973 (hereinafter referred to as the "Code") dtd. 26/8/2020 passed in Ct. Case No. 04/2020 titled Brinda Karat and Anr. v. State, by the Court of the Ld. Additional Chief Metropolitan Magistrate (I), Rouse Avenue Courts, Delhi (hereinafter referred to as the "ACMM"). By way of the instant petition, the petitioners have prayed as under: