Take ‘conscious’ call on FIRs against 3 BJP netas after verifying hate videos, asks HC
The Supreme Court on Wednesday pulled up the Delhi Police for failing to act “professionally” and check “unfortunate incidents” of violence in north-east Delhi even as the Delhi High Court directed the police to take “conscious decision” with respect to lodging of FIRs against alleged hate speeches by three BJP leaders in connection with the CAA violence.
The three BJP leaders are — Kapil Mishra, Anurag Thakur and Parvesh Verma.
A High Court Bench of Justices S Muralidhar and Anup J Bhambhani took on record the assurance by Special Commissioner Praveer Ranjan that he will sit with the Police Commissioner on Wednesday itself and view all video clips of their alleged hate speeches and take a conscious decision on lodging of FIRs.
The high court also issued notices to the parties concerned on the plea filed by the Centre seeking to be impleaded in the case. The matter will be heard further on Thursday.
Earlier, when the High Court asked Solicitor General Tushar Mehta to advice the Police Commissioner on lodging of FIRs against alleged hate speeches by the three BJP leaders, the SG pleaded that the court should wait for the response of the authorities concerned on the issue of lodging FIRs against alleged hate speeches by the BJP leaders.
The HC was hearing a plea seeking lodging of FIRs and arrests of those involved in the ongoing communal violence in parts of north-east Delhi over the Citizenship (Amendment) Act. The hearing will continue at 2.30 pm.
During the hearing, the court asked Mehta and Deputy Commissioner of Police (Crime Branch) Rajesh Deo if they had seen the video clip of BJP leader Kapil Mishra making alleged hate speeches.
While the solicitor general maintained that he does not watch television and has not seen those clips, Deo said he has watched the video of BJP leaders Anurag Thakur and Parvesh Verma but has not seen that of Mishra.
On the submission made by the police officer, Justice Muralidhar remarked, “I am really amazed at the state of affairs of the Delhi Police and asked the court staff to play Mishra’s video clip in the courtroom.”
When the gathering in the jam-packed courtroom started hooting, the Bench asked them to maintain decorum or else it will hold an in-camera proceedings.
At the outset, the hearing witnessed heated arguments between Solicitor General Mehta and Delhi Government counsel Rahul Mehra, who raised objection over the appearance of the law officer on behalf of the Police Commissioner.
Mehra said the issue has been settled by the Constitution Bench of the Supreme Court on the powers of the Centre and the Delhi Government and everyone should respect the Rule of Law of the country. Mehta contended that the Union of India is also a stakeholder in the matter and he has been instructed by the LG to appear.
“Don’t create an ugly scene here. I am not addressing a rally. I am addressing the lordships here,” he said, who was then allowed to advance arguments in the matter.
The SG urged the court to implead the Centre as a party in the petition as the issue involves law and order and requested that the matter be heard on Thursday. He also said the statements by BJP leaders Verma and Thakur were made several days back and it was not urgent to be heard today.
The court observed, “Does that not make it even more urgent. When the Commissioner was made aware of such statements, does he need someone to approach him to take action. As a law officer you answer whether this prayer (for lodging FIRs against three BJP leaders) is not urgent.”
Mehta replied, “I am not saying it is not urgent, but it can wait till tomorrow.”
Meanwhile, the Supreme Court chastised the Delhi Police for failing to act “professionally” and check “unfortunate incidents” of violence in north-east Delhi. The apex court lashed out at the law enforcing agencies for allowing the “instigators of violence” to get away and said they should act “independently” as per law without waiting for somebody’s nod.
“If somebody makes an inflammatory remark, police has to take action,” it said.
Though the top court did not look into the applications on the violence, it said there was a need for “conducive environment” to go into the matters related to Shaheen Bagh protests.
A Bench comprising Justices Sanjay Kishan Kaul and KM Joseph said it will not expand the scope of petitions filed in connection with Shaheen Bagh protests against the Citizenship (Amendment) Act (CAA), by looking into the pleas on violence.
“We will not go beyond the scope of the petition before us. Several unfortunate incidents have taken place. The question before us is that whether the people aggrieved can sit at a place called Shaheen Bagh. We will hear only this issue,” the Bench said.
“We are not going into the applications related to the issue of violence. It is for the high court to look into the matter,” it said.
The Bench stated, however, that it is not precluding anyone from availing any remedy as per law.
Tushar Mehta informed the apex court that the Delhi High Court has heard pleas connected with the violence in the national Capital and had listed them for further hearing in the afternoon.
After the applications were disposed of, there was a sharp exchange of words between the Bench and the Solicitor General, when Justice Joseph said he wanted to say something on the issue of violence.
Mehta urged the Bench not to make any adverse observations relating to the violence as it will demoralise the police force.
Justice Joseph said, “I will make the remarks as my loyalty is to the institution. I will fail in my duty towards the institution and as a judge, if I don’t speak up my mind on the issue”.
He added, “There was lack of independence and professionalism on part of the police. Unless you allow the police to act. Look at how police acts in the UK and the USA. Do they require somebody’s nod to act as per law. If somebody makes an inflammatory remark, police has to take action. The guidelines in the Prakash Singh judgment needs to be followed.”