Court is not equipped to prevent incidents of violence: Supreme Court

The Supreme Court on Monday said that the court is not equipped to prevent incidents of violence, it can step in only after things have taken place.

“We would wish peace but there are certain limitations on our power. Court can never prevent such things. Everyone should understand this. We act and pass appropriate orders only after things have taken place,” a three-judge bench presided over by Chief Justice S A Bobde orally told senior advocate Colin Gonsalves.

“Why can't the court hear the matter when people are dying everyday. Five to 10 people were killed last night as well,” Gonsalves said, asking the bench to direct listing of a plea on Tuesday.

The bench said it would not like to comment on deaths.

“There is a thought as if we are responsible in a certain way. There are media reports suggesting that but we know about our limitations," the CJI said, putting the matter for consideration on Wednesday, March 4.

The counsel sought urgent hearing on a petition filed by Shaikh Mujtaba Farooq and nine others, who were seriously injured and admitted to hospitals following the recent riots and violence in the North East Delhi, which had claimed lives of over 42 people and led to injuries to hundreds others. The petitioners alleged direct nexus between “hate speech slogan” by four BJP leaders and the incidents of “killings”.

Gonsalves also pointed out that the Delhi High Court has put a petition filed by activist Harsh Mander for consideration after four weeks.

The bench emphasised that controlling riots was the job of the executive.

The petitioners, for their part, sought as many as 12 directions from the top court, including lodging of FIR against Union Minister Anurag Thakur, former Delhi MLA Kapil Mishra, BJP MP Parvesh Verma and MLA Abhay Verma for their 'provocative' statements and setting up an SIT of officers outside Delhi to probe into the riots and deployment of Army personnel if the situation deteriorated further.

They also sought a direction to a retired judge to probe into the communal attacks, grant exemplary compensation to the victims, disclose the names of people detained and preserve CCTV footages, among others.