"That the challenge of the constitutionality of section 153A of the IPC on the ground that it violates the guarantee of the freedom of speech and expression must be rejected because the section seeks to punish only (a) such acts which have the tendency to promote enmity or hatred between different classes (b) such as which are prejudicial to the maintenance of the harmony between different classes and which have tendency to disturb public tranquility,” said the affidavit filed by an Under Secretary in the Home Ministry.
"These acts are clearly calculated to disturb public order and show the limitation imposed by section 153A are in the interest of public order. Article 19(2) would, therefore, save section 153A as being within the scope of permissible legislative restriction on the fundamental right guaranteed under Article 19 (1)(a)," the affidavit said.
The affidavit has also referred to a book written by the BJP leader. It said,"The petitioner has written a book named Terrorism in India where he has made hate speeches against the community of India. The book-its theme, its language, innuendos, similes it employs and the moral of its story, if any in order to ascertain whether the offending passages read in the context of the book as a whole fall within the mischief of section 153A.”
"The book (is) to be considered in all its aspect as it contains matter which 'promotes feelings of enmity and hatred between Hindus and Muslims in India,” it said. Therefore, the petitioner has violated the sections of IPC," the MHA said in its affidavit.
Swamy, who is facing a court case in Karimganj in Assam for allegedly delivering an inflammatory address at Kaziranga University, sought relief from the Apex Court in the case.

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