Supreme Court Sets Date for Hearing on Alleged Hate Speeches by BJP Leaders
In a recent development, the Supreme Court has postponed the hearing of the petition filed by CPI(M) leader Brinda Karat. The plea seeks the registration of an FIR against BJP leaders Anurag Thakur and Parvesh Verma for their alleged hate speeches during the 2020 Delhi riots. The hearing has been rescheduled to October 3.
The decision came after Additional Solicitor General SV Raju, representing the Delhi Police, submitted a request for adjournment. The bench, comprising Justices Abhay S Oka and Pankaj Mithal, stated,
“A prayer for adjournment made by the respondent is opposed by counsel for the petitioners. Notice has been issued. This petition will have to be heard. For that purpose, it shall be listed on October 3. No further adjournment will be granted to the respondent.”
This marks the third adjournment since the court agreed to hear Karat and Tiwari’s plea. Previously, the Delhi police commissioner was granted additional time to file a counter affidavit in response to the special leave petition. Last month, the hearing was adjourned again after the Delhi police circulated a letter requesting a postponement.
During the hearing, the Additional Solicitor-General brought a January 9 order to the court’s attention. This order had initially directed the plea to be placed before the Chief Justice of India to determine if it should be tagged with other petitions seeking action against hate speech. However, the counsel for the petitioners argued that Karat and Tiwari’s plea was distinct from the other hate speech petitions.
The bench also highlighted,
“Our attention is invited to an order passed by this court on January 9. If appropriate directions have not been sought till today in terms of this order, the registry will seek necessary directions from the Chief Justice of India.”
The backdrop of this case involves the Delhi High Court’s dismissal of a plea challenging the trial court’s refusal to direct the registration of an FIR against Thakur and Verma for their alleged hate speeches. The High Court had noted that the Delhi police conducted a preliminary inquiry and informed the trial court that no cognisable offence was apparent. For any investigation to proceed, the trial court needed to take cognisance of the facts and evidence, which was not permissible without valid sanction.
The two leaders allegedly made these speeches during the Delhi assembly elections in 2020 amidst the ongoing anti-Citizenship Amendment Act (CAA) protests in the city.
The case, titled “Brinda Karat & Anr. v. State of NCT of Delhi & Anr.”, is a Special Leave Petition (Criminal) No. 5107 of 2023.
Stay tuned for further updates on this developing story.
