New Delhi: The Supreme Court has criticised a lawyer for directly filing a public interest litigation over alleged derogatory remarks against Prophet Muhammad by BJP Minority Morcha leader Nazia Elahi Khan, warning against turning such sensitive issues into emotionally charged disputes. The court questioned why the petitioner had bypassed the Mumbai court despite criminal proceedings already being initiated in the matter.
A Bench headed by Justice Ahsanuddin Amanullah observed that lawyers must understand the consequences of unnecessarily emotionalising issues involving religious sentiments, stressing that such matters could have far-reaching repercussions. The court said judges were equally conscious of the sensitivity of the issue but insisted that legal remedies must be pursued through the proper judicial process rather than by seeking shortcuts through the Supreme Court.
When the petitioner's counsel argued that the alleged remarks had hurt the religious sentiments of Muslims and threatened communal harmony, the Bench acknowledged the seriousness of the allegations but urged faith in the country's legal institutions. It remarked that attempts to bypass established judicial mechanisms only burden constitutional institutions and undermine the legal process.
The court noted that two FIRs had already been registered by the Mumbai Metropolitan Region Police against Nazia Elahi Khan over the alleged remarks insulting Prophet Muhammad. It held that the petitioner should first approach the competent Mumbai court, which has jurisdiction over the case, and seek relief there before moving the Supreme Court if necessary.
The Bench reiterated that alleged violations of law should be addressed through the ordinary judicial process and cautioned against allowing emotionally sensitive issues to be litigated in a manner that could aggravate tensions.