3 min readNew DelhiJul 7, 2026 04:22 AM IST
First published on: Jul 6, 2026 at 02:59 PM IST
The Supreme Court Monday refused to entertain a Public Interest Litigation (PIL) seeking its intervention over the alleged “derogatory” remarks by a BJP leader in Mumbai and asked the petitioner to approach the local authorities instead.
A bench of Justices Ahsanuddin Amanullah and Sheel Nagu also cautioned the petitioner from sensationalising such matters, saying “others will get ideas”.
“It’s the responsibility of all counsels. In such sensitive matters, you are also a citizen of India first. You should understand the implications. You are a counsel before the law. You know the ramifications. Don’t sensationalise these things unnecessarily, it will have ramifications,” Justice Amanullah, presiding over the bench, said.
“If one person has made a mistake, pin him down with the full force of the law. Absolutely no issues about it. If you don’t, come to us, our doors are open,” Justice Amanullah added.
The counsel appearing for the petitioner said it was against certain alleged “derogatory” remarks by Bharatiya Janata Party minority morcha leader Nazia Elahi Khan. He expressed the concern that it can disturb communal harmony.
Last month, the police in the Mumbai Metropolitan Region (MMR) registered two FIRs against Khan for allegedly making derogatory remarks about Prophet Muhammad that hurt the sentiments of the Muslim community.
‘There is a procedure’
Justice Amanullah then asked him why he had not approached the jurisdictional court and advised him to trust the system.
“You file a case. Why have you not filed? I fail to understand. Have faith in the system. We are here as a system. We are only the apex. We are here to monitor. It is also an eye-opener for us whether our lower functionaries are working or not,” the judge said.
Justice Amanullah added that “straightaway if you short circuit”, authorities below “will also think everything is being done from the top”.
Justice Amanullah also expressed concern that the tendency to short-circuit procedure and approach the top authorities is on the rise. “This is what is happening. All the situations are going haywire. Because straightaway, if it is short-circuited, everything comes from the top… Every sphere of our society is working (like that)… This is what is happening,” he said.
“It is a very grave case. I agree totally with you, and speaking for myself, I am very sensitive to it… But there is a procedure. Have faith in it. If that procedure doesn’t work, come to us. We are always there, 24×7.”
As the counsel repeated that it may disturb communal harmony, the judge said, “You are right. And it is local. Locally, it is there. You are very correct…(it may) raise passions and all. But then…the law gives you, the constitution gives you the provision, these statutes give you the right to check on that. Don’t short-circuit. Go before that forum.”
Nazia Elahi Khan (left) was booked by the police in the Mumbai Metropolitan Region for allegedly making derogatory remarks about Prophet Muhammad. (File photo). 
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