SDPI general secretary gets six months in jail over 2015 inflammatory speech

The Principal Civil Judge and JMFC Court in Belthangady, Karnataka, on Tuesday sentenced Riyaz Farangipete, the national general secretary of the Social Democratic Party of India (SDPI), to six months of simple imprisonment and imposed a fine of ₹10,000 for delivering an inflammatory speech in July 2015.

Magistrate Ramalingappa, who presided over the case, found Farangipete guilty of the offence under Section 153A of the Indian Penal Code, which deals with promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.

After pronouncing the sentence, the magistrate remanded Farangipete to judicial custody. A warrant indicating the term of imprisonment was sent to the Prison Department, according to court officials.

The case dates back to a protest meet organised by the Popular Front of India (PFI) in Belthangady on July 23, 2015. According to the chargesheet, Farangipete, in his speech, said if assaults on Muslims continued in the name of cows, then PFI activists would slaughter cows in public and sell beef. He allegedly added that during the upcoming Bakrid, PFI activists would sell beef in front of the Belthangady bus stand and would teach a fitting lesson to those who came to prevent it.

The police considered the speech inflammatory and, after obtaining sanction from the government, filed a chargesheet against Farangipete under Sections 153A and 295A of the IPC. Section 295A deals with deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.

In his 33-page judgment, the magistrate said Farangipete's speech had the potential to disturb peace among communities. Although no communal violence occurred as a result, the potential damage from the public speech could not be ignored. The court further observed that the offence could not be considered trivial, and since the accused was found to have deliberately made the inflammatory public speech, issuing a mere warning would not be sufficient.

The judgment highlights the legal consequences of hate speech and the duty of courts to uphold communal harmony. Legal experts note that Section 153A is often invoked in cases where speeches or writings have the potential to create unrest between communities, even if no actual violence takes place.

Riyaz Farangipete has been a prominent leader of the SDPI, which is the political wing of the PFI. The PFI and several of its leaders have faced multiple legal cases across the country in recent years. The SDPI has contested elections in Karnataka and other states, and this conviction may have political implications for the party.

The court's decision comes after a lengthy trial process, with the prosecution presenting evidence and witnesses to establish Farangipete's role in the speech. The defence argued that the remarks were taken out of context, but the court found sufficient grounds to convict him.

The sentence of six months is relatively moderate compared to the maximum punishment of three years prescribed under Section 153A. The fine of ₹10,000 is also within the court's discretion. Farangipete has the option to appeal against the judgment in a higher court.

This case is part of a broader pattern of legal scrutiny of speeches made by leaders of various religious and political organisations in India. Courts have consistently held that the right to free speech under Article 19(1)(a) is not absolute and can be restricted to maintain public order and harmony.