Supreme Court asks Delhi HC to decide plea for FIR against BJP leaders on March 6

The Supreme Court on Wednesday asked the Delhi High Court to consider a plea seeking registration of FIR against BJP leaders for hate speech, along with other matters related to Delhi violence, on March 6.

The top court said that the high court was not justified in adjourning the matter to April 13.

It also asked the high court to explore the possibility of peaceful resolution of the matter.

In possible trouble for activist Harsh Mander, a bench of Chief Justice S A Bobde and Justices B R Gavai and Surya Kant, decided to examine if a speech made by him in December 2019, would require any action.

Mander had purportedly called upon the people "to come on the streets to decide the future of the country as the top court had failed to protect humanity, and preserve equality and secularism in cases of NRC, Ayodhya and Jammu and Kashmir."

“If this is about what you feel about the court, we are putting you to notice,” the bench told Mander's counsel Karuna Nandy while refusing to take up a petition filed by the former IAS officer.

Nandy denied that Mander ever made such a speech. She sought time to verify the video. The court put it for consideration on Friday, March 6.

Senior advocate Colin Gonsalves, representing the Delhi riots victims, sought to read out the provocative speeches made by BJP leaders.

On this, the bench said, “Things will not get aggravated if the police file FIRs against both the sides. FIRs do not prejudice anybody's rights. It will not be a problem if the situation is calm.”

Mander had first approached the high court for registration of FIR against Union minister Anurag Thakur, and BJP MP Parvesh Verma (during Delhi elections) and Delhi former MLA Kapil Mishra and BJP MLA Abhay Verma for their provocative speeches, for having caused riots in north-east Delhi, resulting in the death of over 45 people and injuries to hundreds others, besides, large scale destruction of properties.

The high court had on February 27 put the matter for consideration on April 13, as the Delhi Police, a day after the rap, contended before a separate bench that a conscious decision was taken to defer lodging of FIRs in view of the prevailing situation.

On Wednesday, before the top court, Solicitor General Tushar Mehta cited the video speech by Mander and asked if the court should hear him.

The court said that it would not hear Mander until it sorted out whether the video and its contents were true. It asked Mehta to give transcripts and documents to Mander to let him respond to the allegations.

Mehta, for his part, said the police sought time in the high court, as the situation was not conducive then.

He said that as many as 468 FIRs have already been registered against the rioters.