Northeast Delhi violence: HC asks petitioners to implead political leaders, others as 'party' in hate speech matter

The Delhi High Court on Tuesday asked the petitioners seeking registration of FIRs in hate speeches, to implead the individuals as party including political leaders, officials against in relation to Northeast Delhi violence held in February 2020.

The Bench of Justice Siddharth Mridul and Justice Anup Jairam Bhambhani on Tuesday asked several petitioners to move an application including name of individuals and implead as party while hearing a batch of petitions connecting with the 2020 violence in Northeast Delhi and alleged hate speeches by leaders which led to violence in the backdrop of protests against the Citizenship (Amendment) Act.

The court examined several petitions including petitions which alleged that the speeches of political leaders including Sonia Gandhi, Rahul Gandhi, Priyanka Gandhi Vadra, Anurag Thakur, Kapil Mishra, Pravesh Verma, and others gave hate speeches. Petitions sought necessary action against political leaders if it is found their speech had any nexus with the violence.

Senior Advocate Colin Gansolvis appeared for a petitioner said he is agree to implead some leaders whose petitions seeking action as a party and, on the other side Senior Advocate Sonia Mathur appeared for a petitioner also said she will also implead some political leaders as a party.

The bench deferred the matter for February 16, 2022, for further hearing.

Meanwhile, ASG Aman Lekhi appearing for Union of said, "Regarding compensation to be paid issue, I need to bring on the facts as that would have a bearing. Secondly, demanding an ex-facie amount is a matter of policy. There is an assumption that the petitioners are victims, Lekhi said. On that Justice Mridul said, yes, You can place the relevant material on record."

One of the petitioners, Ajay Gautam appeared in person submitted that the Delhi riots had not taken place over the night so national security issues were involved in the matter. His 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) which 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 earlier 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.

Delhi Police in its fresh status report in Delhi High Court with regards to all 758 FIRs in connection with Northeast Delhi violence, along with the detail of present stages before the trial court, following court direction passed of the last date of hearing.

The status report states that 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, where 3 dedicated 'Special Investigating Teams' investigated these cases under continuous monitoring of superior officers. 01 case pertaining to the larger conspiracy behind the engineering of the communal riots in Delhi is being investigated by the Special Cell.

Delhi Police also submitted that the FIRs arising out of or registered in connection with the riots which took place in North-East District in February-March 2020, have been or are being investigated promptly, diligently, and in accordance with law by the Delhi Police, which is now under trial in courts.

It was also submitted that the investigations carried out by the state police are credible, fair, honest, impartial, and complete in all aspects.

Status report of Delhi Police further submitted that apart from bald, fanciful, and uncorroborated assertions and allegations made in the present batch of petitions, which are motivated and made for reasons extraneous to the process contemplated under CrPC, there exists not even an iota of substance in the present petitions, which are required to be dismissed only on the ground that the investigations and the process of law in connection with the aforesaid FIRs are at an advanced stage and no ground/ circumstances for transferring of the case to a new SIT exists.

Around 53 people lost their lives in the violence that erupted in northeast Delhi after clashes between two opposing factions over the Citizenship Amendment Act (CAA).

( With inputs from ANI )

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