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Wednesday, April 01, 2020

Delhi violence: Centre gets four weeks to file response on plea seeking FIR against BJP leaders for hate speech

During the hearing, a bench headed by Chief Justice D N Patel and including Justice C Hari Shankar was told the situation is not "conducive" to file an FIR against the three BJP leaders.

Written by Pritam Pal Singh | New Delhi | Updated: February 27, 2020 4:17:09 pm
delhi violence, northeast delhi riots, delhi high court plea, justice muralidhar delhi high court, kapil mishra hate speech Delhi violence: A school burnt and damaged after it was set on fire by a mob in New Delhi on Wednesday. (Express photo/Praveen Khanna)

The Delhi High Court Thursday granted four weeks time to Centre to file their response to a plea seeking registration of FIRs against BJP leaders — Kapil Mishra, MPs Anurag Thakur and Parvesh Sahib Singh and MLA Abhay Verma — and others for making provocative statements leading to multiple riots and mob attacks in north-east Delhi over CAA.

A bench of Chief Justice D N Patel and Justice C Hari Shankar gave the time to Centre after Solicitor General (SG) Tushar Mehta contended that being the stakeholder “it’s our duty to maintain law and order situation”.

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“Considering the prevailing situation in the city, we (Centre and Delhi Police) have not taken the decision as of now. We have deferred the decision (on lodging of an FIR) as of now and it would be done at the appropriate stage,” the SG said.

Mehta further stated before the bench that decision on lodging of FIR against hate speeches will not be conducive in the present scenario.

“Action will be taken. We are making every effort to bring the situation in Delhi to normal,” Mehta said, adding that “let normalcy be restored”. He urged the court to grant him time to file a detailed reply.

Senior advocates Colin Gonsalves, appearing for social activists— Harsh Mander and Farah Naqvi — who sought lodging of FIRs into hate speeches leading to riots in north-east Delhi, stated that the FIR must be immediately registered against the BJP leaders and they should be in jail.

Considering the gravity of the matter, the bench gave the Centre four weeks time and listed it for further hearing on April 13.

Yesterday the same was heard by a bench of Justices S Muralidhar and Talwant Singh, which has directed Delhi police commissioner to take “conscious decision” of the issue and inform the court today.

Meanwhile, the LG has appointed Solicitor General (SG) Tushar Mehta, three others to represent Delhi police in this case and all other matters arising out of law and order situation in the area of north-east Delhi from February 23 onwards.

The order was passed after Delhi government standing counsel (criminal) Rahul Mehra objected to SG, representing the Delhi police, for which he was mandated under the law.

Meanwhile more numbers of petitions have been filed in HC. Some seek impleadment in the plea by social activits — Harsh Mander and Farah Naqvi. Another petition was also filed seeking lodging of FIR against Cong chief Sonia Gandhi, Rahul, Priyanka, others for alleged hate speech by them.

Plea by Lawyers Voice also seeks FIR against Dy CM Manish Sisodia and AAP MLA Amanatullah Khan for alleged hate speeches.

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