New Delhi (Agency): The Supreme Court has decided to defer the hearing of a petition filed by CPI(M) leader Brinda Karat, which seeks the registration of a First Information Report (FIR) against BJP leaders Anurag Thakur and Parvesh Verma for their alleged hate speeches during the 2020 Delhi riots. The hearing, initially scheduled for the day, has been rescheduled to October 3. This decision was reached after Additional Solicitor General SV Raju, who appeared on behalf of the Delhi Police, requested an adjournment.
Despite the Delhi Police’s request for adjournment, the petitioners, Brinda Karat and KM Tiwari, opposed the move. The bench, consisting of Justices Abhay S Oka and Pankaj Mithal, stated that no further adjournments would be granted to the Delhi Police in this case.
The bench’s order 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.”
Previously, the Supreme Court had issued a notice to the Delhi Police and requested its response to the matter. During the previous hearing, the court had orally observed that the Magistrate’s requirement for sanction to file FIRs against the two BJP leaders might not be correct prima facie.
The plea in question was filed by Communist Party of India (Marxist) leaders Brinda Karat and KM Tiwari. The plea challenged the June 13, 2022 order of the Delhi High Court, which had dismissed their request to direct the registration of an FIR against Thakur and Verma for their alleged hate speeches.
The High Court had declined to interfere with the trial court’s order, asserting that the law necessitated obtaining the requisite sanction from the competent authority for the registration of an FIR in this context. The High Court also highlighted that a preliminary inquiry had been conducted by the Delhi Police, and no cognisable offense was found to be established prima facie. The trial court, therefore, needed to take cognisance of the facts and evidence before considering any investigation, which would require a valid sanction.
Anurag Thakur and Parvesh Verma had allegedly made the contentious speeches during the Delhi assembly elections in 2020, which coincided with ongoing anti-Citizenship Amendment Act (CAA) protests in the city.
