Delhi Riots: HC To Hear From Feb 8 Pleas Alleging Hate Speeches

The pleas, which were earlier heard by a bench of Chief Justice D N Patel and Jyoti Singh, have now been transferred to a bench of Justices Siddharth Mridul and Anup Jairam Bhambhani through an administrative order of January 28.

“We will start the hearing from Tuesday (February 8). Colate the issues which are over and which are still alive and give it us,” the bench headed by Justice Mridul said.

The high court noted that the Supreme Court, in an order of December 17, 2021, has asked it to dispose of expeditiously, preferably within three months, a plea seeking registration of FIR against some politicians for their alleged hate speeches, which purportedly led to the riots in north-east Delhi last year.

“We are on a clock. Their (Supreme Court) wishes are commands for us. The intent is to dispose of the matter expeditiously,” Justice Mridul responded when Additional Solicitor General Aman Lekhi said that the apex court has not put the high court to clock.

Justice Bhambhani said the court has to see which of the prayer in which of the petitions survive as it “do not want to flag a dead horse” and will also see how a PIL is maintainable in a criminal matter.

Advocate Rajat Nair, representing Delhi Police, said the investigation of most of the cases is complete, a charge sheet has been filed and, one or two cases have resulted in the conviction of the accused.

He further said that the trial is at advanced stages in some cases, pointing to the progress made in the last two years.

Delhi Police, in an affidavit filed on January 27, told the high court that the authorities acted promptly, vigilantly, and effectively without any fear or favour and in a professional manner to control law and order situation in the affected areas and to save life and property of people during the riots.

It has been said that as and when the protestors tried to infringe the law and failed to obey directions of enforcement agencies, appropriate legal action was taken against the miscreants.

The police have said that due to the measures taken by it, the violence could be contained in a few days and was confined to a limited area and the investigation of these cases is being carried out professionally and scientifically under the monitoring of senior officers.

It has also informed the high court that out of 758 cases, charge sheets have been filed in 367, investigation pending in 384, the cancellation report for closure of cases have been filed in courts in three and four have been quashed by the high court.

“Out of 758 cases registered, 695 cases are being investigated by North-East District police. 62 cases that pertained to major incidents like murders etc were transferred to the Crime Branch, which had undertaken an investigation in the said cases by employing three dedicated Special Investigating Teams (SITs), being continuously monitored by the superior officers. One case of larger conspiracy behind the engineering of the communal riots in Delhi is being investigated in Special Cell,” said the affidavit, filed through advocates Amit Mahajan and Rajat Nair.

The affidavit was filed in pursuance of the court’s November 25, 2021 order directing the police to give the latest status of criminal cases arising from the riots that broke out in northeast Delhi in 2020 between protesters against the CAA and its supporters killing 53 people and injuring 700.

The court is seized of several petitions including a plea which has alleged that Congress leaders, including Rahul Gandhi, Sonia Gandhi, and Priyanka Gandhi Vadra, as well as AAP leaders Manish Sisodia and Amanatullah Khan, and AIMIM MLA Waris Pathan gave hate speeches.

The court has also been hearing a PIL by Delhi resident Ajay Gautam seeking an NIA probe under the Unlawful Activities (Prevention) Act (UAPA) into the violence.

The petition has urged the court to direct the Centre to order the National Investigation Agency (NIA) to find out the "anti-national forces" behind the agitations and to probe the role of People's Front of India (PFI) that is alleged, "funding, motivating and supporting the protests".

Apart from seeking action against those who allegedly gave the hate speeches, some pleas have also sought other reliefs, which include setting up of an SIT, FIRs against police officers who were allegedly involved in the violence, and disclosure of persons arrested and detained.

In its response to these prayers, police had earlier said it had already created three special investigation teams (SIT) under the crime branch and there was no evidence till now that its officers were involved in the violence.

The police, in its affidavit earlier, had said that investigations into the riots have not revealed any evidence till now that political leaders instigated or participated in the violence.

It had said its prima facie investigations revealed that this was not a case of any sporadic or spontaneous violence "but appears to be a part of a well thought of conspiracy to destabilise the harmony in the society".

With PTI inputs.