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New Delhi: The Supreme Court on Monday, July 6, declined to hear an urgent listing of a public interest litigation (PIL) challenging objectionable and derogatory comments made against Prophet Muhammad by Bharatiya Janata Party (BJP) Minority Morcha leader Nazia Elahi Khan.

A bench of Justices Ahsanuddin Amanullah and Sheel Nagu told the petitioner that although the issue was “very grave,” he must first approach the police. The Court criticised the increase in filing petitions bypassing due procedure laid out by law. The orally mentioned public interest petition read by the petitioner’s counsel stated that Khan’s alleged remarks may “disturb the communal harmony across the country.”

Have faith in the system: SC

“So you file a PIL? Why come here? Have you filed a complaint with the police?” questioned Justice Amanullah. “Have faith in the system.”

The judge told the counsel that the court serves as a monitoring body at the apex and cannot serve as a substitute for other authorities. “It is also an eye-opener for us whether our lower functionaries are working or not,” said Justice Amanullah. “If everything is short-circuited here, they will also raise hands that okay…that is what is happening…all institutions are going haywire because everything comes from the top.”

He urged the lawyers not to sensationalise such matters. “You are a counsel…You know the law. You understand the consequences. Don’t sensationalize these things. If one person has made a mistake, pin him down with the full force of the law.”

He added that the issue can be raised if normal legal procedure does not result in appropriate action.

“It’s a grave thing, I agree with you, peaking for myself, I am very sensitive to it. But then there is a procedure. If that doesn’t work, come to us,” the judge said.