SC to hear petition on hate FIRs: We wish peace… pressure on us, we cannot handle

S A Bobde urged the court to list it for urgent hearing, claiming that about 10 people were dying on an average everyday in Delhi because of the communal violence.

SC on delhi violence, sc on delhi riots, kapil misgra, kapil mishra hate speech,

Forty-six people have died so far in the violence that broke out in Northeast Delhi last week. (Express photo)

As it agreed to hear Wednesday a plea seeking registration of FIRs against political leaders and others over hate speeches, the Supreme Court Monday gave vent to its anguish, saying “we wish peace” but “courts come into the scene”, as in the recent communal clashes in Delhi, “after the thing is done” and “we cannot prevent” their occurrence.

Chief Justice of India S A Bobde, heading a bench that also comprised Justices B R Gavai and Surya Kant, told senior advocate Colin Gonsalves: “People think this (courts) can stop rioting… We can only deal with it after it has occurred… The kind of pressure on us, we cannot handle… We wish peace… But we know there are some limitations on judicial power.” The remarks came after Gonsalves told the bench that some political leaders were going around making provocative speeches. He urged the court to list it for urgent hearing, claiming that about 10 people were dying on an average everyday in Delhi because of the communal violence.

Speaking on the pressure on the courts, the CJI said “it’s as if the court is responsible”. Gonsalves said no one was blaming the courts.

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The CJI then said “we also read newspapers… we are responding to the kind of comments”.

Pointing out that the Delhi High Court was seized of the matter, the bench wondered how it could entertain a similar plea without the HC passing some order on the matter before it. “In the absence of an order, what can we do,” the CJI asked.

Gonsalves said the HC had adjourned the matter for four weeks which was a “little disappointing for us”.

Read| The Delhi darkness: Our rulers want an India that thrives on cruelty, fear, division, violence

On February 27, the HC bench of Chief Justice D N Patel and Justice C Hari Shankar granted the Centre four weeks to file a counter-affidavit to the plea by activists Harsh Mander and Farah Naqvi on registration of FIRs against BJP leaders Kapil Mishra, Anurag Thakur, Parvesh Sahib Singh and Abhay Verma and others over their hate speeches.

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A day prior to that, a \HC bench headed by Justice S Muralidhar had directed Delhi Police to register FIRs against the four BJP leaders and others within 24 hours. That same day, the government notified the transfer of Justice Muralidhar to the Punjab and Haryana High Court.

The Delhi Police and the Centre told the High Court on February 27 that the “prevailing situation” was not “conducive” to lodge the FIRs.

Ananthakrishnan G

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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