A Delhi court Wednesday dismissed CPM leader Brinda Karat’s application seeking registration of FIR against BJP MPs Anurag Thakur and Parvesh Verma for allegedly making hate speeches.
Additional Chief Metropolitan Magistrate Vishal Pahuja dismissed the application noting that for prosecution of the respondents, prior sanction of competent authority, that is the central government, was required under section 196 CrPC.
During arguments, when Karat’s legal team was asked if they had procured sanction, they replied in the negative. The court noted: “Admittedly, there is no previous sanction obtained by the complainants from the competent authority to prosecute the respondents for offences alleged in the complaint. Hence, in view of the settled position of law… the complaint deserves to be dismissed for being not tenable in the eyes of law. Accordingly, the same stands dismissed.”
The counsel for the complainant had argued that “sanction is only required before taking cognizance by the court and not before passing of order of registration of FIR…”
Karat had approached the court after her written complaints to the Commissioner of Police and the SHO, Parliament Street, failed to elicit a response.
Her complaints against Thakur and Verma were made following the Election Commission’s decision to remove them from the list of star campaigners during the Delhi Assembly elections. Karat had in her complaint alleged that Verma, in a speech on January 27, had threatened protesters in Shaheen Bagh and made communal and false provocative statements.
Similarly, in the case of Thakur, it was argued that he was seen in a speech on the same day while addressing a BJP rally inciting the audience to attack those protesting against CAA-NRC by referring to protesters as traitors.
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