The Supreme Court on Wednesday ordered the matter relating to Delhi riots to be listed before Chief Justice of Delhi High Court on March 6.
The Chief Justice of India S A Bobde said that the Delhi High Court is requested to decide the matter as expeditiously as possible.
The Supreme Court was hearing a plea seeking lodging of FIRs against BJP leaders and others for their purported hate speeches which allegedly led to recent violence in Delhi.
The plea filed by some riot victims was mentioned for urgent listing before a bench headed by Chief Justice , which said it would be heard on Wednesday.
Taking up the High Court, CJI Bobde said, "Their prayer (petitioners) to hear the matter on time is justified. In riots, violence cannot be curbed by courts. But just because there is no violence it does not mean that courts can give such long adjournments."
Senior advocate Colin Gonsalves, appearing for the petitioners, told the bench on Monday that the Delhi High Court has deferred the pleas on Delhi violence for four weeks despite the fact that people are still dying.
The bench told Gonsalves that courts are not equipped to control riots and it is the job of the executive.
"We would wish peace but you know that there are limitations," the bench observed, adding, "Courts are not equipped to handle such kind of pressure".
"We also read newspapers and the comments which are made," the CJI said.
Gonsalves said that high court should not have deferred the Delhi violence matter for four weeks.
"When people are still dying then why can't the high court hear it urgently," he said and urged the apex court to list the plea for hearing on Tuesday.
The bench had agreed to hear the plea on March 4
Hours before communal riots broke out in Delhi, BJP leader Kapil Mishra gave "ultimatum" to the police to remove anti-CAA protests blocking roads in northeast Delhi.
"They want to cut off 35 lakh people by blocking the roads. Is this the way to protest against anything? We will not allow the area to be turned into Shaheen Bagh," Mishra said. He had asked people to gather at Maujpur Chowk in support of the CAA in reply to the roadblock by those protesting against the new citizenship law.
But this isn’t the only provocative speech by Mishra. He is known for his hardline views against anti-CAA protests that he often expresses through his tweets.
During campaign for Delhi elections, Union Minister Anurag Thakur encouraged those at a BJP rally to say “desh ke gaddaron ko, goli maaron saalon ko (shoot the traitors of the nation)”.
After his remarks, the Election Commission banned him from campaigning for 72 hours.
In the run-up to Delhi elections, BJP MP Parvesh Verma said that the protesters at Shaheen Bagh “will enter your homes and rape your daughters and sisters."
"Lakhs of people gather there (Shaheen Bagh). People of Delhi will have to think and take a decision. They'll enter your houses, rape your sisters and daughters, and kill them. There's time today, Modi ji and Amit Shah won't come to save you tomorrow..." he said.
(With agency inputs)