Delhi Riots: HC Questions Need for Hate-Speech Petitions as Similar Case Pending in Supreme Court

The Delhi High Court on Friday questioned petitioners seeking FIRs against political leaders and an independent SIT probe into the 2020 Delhi riots for not approaching the Supreme Court, which is already hearing a similar case.

The bench said there was no need for parallel proceedings when the same relief was being sought before the apex court on identical grounds.

"As of date we are asking, would it not be advisable that you people also go to the Supreme Court and make your submissions there. Because you all are seeking the same relief on the basis of the same material. Why should there be two hearings in the same matter, this is what we are asking.

"You all can be impleaded there and argue your case on the same material. Why keep it pending here," the bench of Justices Vivek Chaudhary and Manoj Jain said.

During the hearing, prosecutor Rajat Nair, appearing for Delhi Police, noted that a petition by CPI(M) leader Brinda Karat seeking similar directions was dismissed by a magistrate and later by a single-judge bench of the high court. He pointed out that the order was now pending before the Supreme Court and that the relief sought in the current batch of petitions overlapped with that matter.

Senior advocate Colin Gonsalves, representing petitioner Shaikh Mujtaba Farooq, argued that his prayer for an independent SIT consisting of officers from outside the state could only be granted by a constitutional court.

The matter has now been listed for further hearing on 11 December.

The petitions relate to the communal violence in Northeast Delhi on 24 February 2020 during protests over the Citizenship Amendment Act, which resulted in 53 deaths and injuries to around 700 people. Multiple petitions before the court seek FIRs against political leaders, formation of an SIT and accountability of police officers.

Some petitions seek action against BJP leaders for alleged hate speeches, while others demand police action against leaders from Congress, AAP, AIMIM and civil society figures. Another plea has sought an NIA probe under the UAPA to trace the alleged “anti-national forces” behind the protests.

The police have maintained that three SITs under the Crime Branch are already investigating the matter and that there is no evidence so far linking its officers or political leaders to instigating the violence. They have called the riots a planned "conspiracy to destabilise the harmony in the society".

According to the police, 757 FIRs were registered, with investigations ongoing in 273 cases and trial under way in 250.

The Supreme Court had earlier, in December 2021, directed the Delhi High Court to decide expeditiously – preferably within three months – a plea seeking registration of FIRs against those accused of delivering hate speeches linked to the riots.

(with PTI links)