The Orissa High Court, in a nuanced judgment, has permitted public speaker and activist Puspendra Kulasrestha to participate in a seminar in Sambalpur, albeit with strict conditions aimed at preserving communal harmony and national security. The court’s decision comes with the explicit directive that Kulasrestha
“shall not speak anything against any other religion” and that “his speech should not be aired by any media house in the country.”
Justice S K Panigrahi of the single-judge bench laid down these conditions while addressing a petition filed by Radha Sriniwas Sewa Trust, which had challenged the Sambalpur district administration’s order prohibiting a public meeting on national integration and security. Advocate Anirudha Sangnaria represented the trust, while state counsel G R Mohapatra raised concerns about the potential for communal unrest, citing Sambalpur’s history of such disturbances.
The state’s apprehensions were rooted in Kulasrestha’s previous speeches, which, according to their submission,
“are mostly aggressive in nature and always create hatred against a particular religion.”
The fear was that his presence and speech might
“trigger, create and revive tension in Sambalpur town.”
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However, Justice Panigrahi, in his judgment, emphasized the sanctity of the right to freedom of speech and expression, stating,
“This court is of the view that the right to freedom of speech and expression cannot be curtailed merely on apprehension, unless such specific instances are cited before the court to ban a person’s speech.”
The court’s decision reflects a delicate balance between upholding fundamental rights and ensuring the maintenance of public order. The seminar, organized by Sanatan Surakhya Manch in association with Radha Sriniwas Sewa Trust, was initially scheduled for Sunday, November 5, but was subsequently canceled.
This ruling underscores the judiciary’s role in safeguarding constitutional liberties while also taking into account the responsibilities that accompany the exercise of these freedoms. The Orissa High Court’s conditions for Kulasrestha’s participation in the seminar serve as a reminder of the need for speech that contributes to the nation’s unity and peace, rather than division and discord.
