North East Delhi violence: HC allows application impleading politicians as party in hate speech case

Jul 13, 2022

New Delhi [India], July 13 : The Delhi High Court on Wednesday allowed the applications impleading several prominent political leaders, activists and others as a party while hearing a batch of petitions in connection with the North East Delhi violence and alleged hate speeches of political leaders.
The bench of Justice Siddharth Mridul and Justice Amit Sharma on Wednesday listed the matter for August 2 after allowing the applications. The court also asked, the newly added respondents to file their replies, if they wish to.
Earlier the bench had issued notice on the impleadment application moved the petitioners sought registration of FIRs against several politicians for their alleged hate speeches.
The Division Bench of Justice Siddharth Mridul and Justice Rajnish Bhatnagar had earlier issued notices to Congress leaders Sonia Gandhi, Priyanka Gandhi Vadra, Rahul Gandhi and BJP leaders Anurag Thakur, Pravesh Sahib Verma Kapil Mishra and others.
The bench sought the response of all politicians, activists and others on the application who wish to implead them as a party in the case. The court also issued notice to AAP's Manish Sisodia, Amanatullah Khan, AIMIM's Akbaruddin Owaisi, Waris Pathan and activist Harsh Mander including others in the matters.
Earlier, Senior Advocate Colin Gansolvis appeared for a petitioner and said he is agree to implead some leaders of BJP whom his petitions sought action as a party, on the other side Senior Advocate Sonia Mathur appeared for a petitioner 'Lawyer Voice' also said she will also implead some political leaders including Congress AAP, AIMIM and others as a party.
The bench is presently examining a batch of petitions connecting with the 2020 violence in North East Delhi and alleged hate speeches by leaders and activists which led to violence in the backdrop of protests against the Citizenship (Amendment) Act. Petitioners sought necessary action against political leaders if it is found their speech had any nexus with the violence.
One of the petitioners, Ajay Gautam appeared in person earlier and 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 the People's Front of India (PFI) which is alleged, "funding, motivating and supporting the protests".
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 status report in Delhi High Court with regards to all 758 FIRs in connection with North East Delhi Violence, alongwith the detail of present stages before the trial court, following court direction passed of the last date of hearing.
The status report stated that out of 758 cases registered, 695 cases are being investigated by North-East District police. 62 cases which 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 the 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.
The 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).