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Supreme Court: A bench headed by CJ SA Bobde has directed Delhi High Court to hear on Friday the PIL filed by Delhi violence survivors seeking registration of FIR against political leaders over their hate speeches, which allegedly led to the riots in the national capital. The Court also directed the High Court to hear on Friday other connected matter on the issue, which was adjourned till April, as an adjournment of the matters for a month was not justifiable and asked it to finish hearing in an expeditious manner.

Taking up the High Court, CJI Bobde said,

“Their prayer 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.”

The Court also sought the names of political leaders who could talk to people to bring peace in the region. The top court also slated to hear on Friday the matter related to the speech given by petitioner Harsh Mander, in which he allegedly said that he doesn’t have faith in the judiciary, and sought a transcript of the video of the incident.

Solicitor General Tushar Mehta mentioned the alleged video of Mander saying he is seen to have called on the people of India to streets for “real justice” and expressed no faith in the courts. Stating that he will only hear directly affected party as of now, CJI said,

“If this is what he (Mander) feels about the court then we have to decide how to deal…,”

Advocate Karuna Nandy, appearing for Mander, said that his client did not make such a statement.

Senior advocate Colin Gonsalves, who is representing the riot survivors, said that local BJP leader Kapil Mishra had in January made similar statements but no police action was taken against him. Gonsalves said that while the protests caused the disruption, no violence took place, and claimed that Mishra’s statement led to the violence as “Goli Maaro” slogans were raised by leaders.

The court asked Tushar Mehta if the situation was now conducive for filing FIRs, to which he responded saying that registration of FIRs was an exclusive prerogative of the police and added that law enforcement authorities have to take a call on the matter. Mehta said that so far, 468 FIRs have been registered in connection with the violence.

“There are speeches from both sides and if we start registering FIRs against the leaders of the communities, things may aggravate. We leave it to the authorities. The government has not said it will not file FIRs, but that it will be done when time is conducive,”

CJI Bobde said that the bench has some experience of riots adding that sometimes when leaders are arrested, the riots flare-up.

“You know what happened in the Bombay riots… When the Shaka Pramukhs were arrested and locked up, the riots flared up. Bombay riots were worse than this,”

This comes after at least 47 people including IB officer Ankit Sharma and Police Head Constable Rattan Lal died while around 200 people sustained serious injuries in the violence that raged for three days in north-east Delhi last week.

(Source: ANI)

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As reported by ANI, 

Petitions have been filed seeking registration of FIR against Rahul Gandhi, Sonia Gandhi, Priyanka Gandi, Manish Sisodia, Assaduddin Owaisi and Akbaruddin Owaisi over their alleged hate speeches.

Application also sought directions to the National Investigation Agency to probe violence in North-East Delhi.

[Source: NIA]

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As reported by ANI, Lieutenant Governor of Delhi has appointed SG Tushar Mehta, Addl. solicitor General  MK Acharya and two other Advocates to represent Delhi Police in regard to the recent violence and riots that occurred in North-East Delhi.

Delhi Police has registered 18 FIRs and 106 people have been arrested for creating violence.

Also read:

[Delhi Violence] | Del HC | “We cannot let another 1984 happen in this country; Not under the watch of this Court”; Ensure safe passage for bodies of victims who died in riots

Del HC | [Delhi Riots] [Midnight Hearing] Delhi Police directed to ensure safe passage for injured victims & immediate emergency treatment at govt. hospitals

[Source: ANI]

Case BriefsHigh Courts

Delhi High Court: A Division Bench of S. Muralidhar and Anup Jairam Bhambhani, JJ., in pursuance to the mid-night hearing, was informed by Advocate Suroor Mandel that the injured riot victims were able to be taken to Government Hospitals and the Order given by the Bench earlier had a positive effect.

Further, Court heard the issues that required immediate attention by Rahul Mehra, Standing Counsel for Delhi Police and Sanjay Ghose, Standing Counsel for GNCTD.

Following issues required attention of the Court:

  • Safe passage for bodies of victims who have died in riots with proper information being provided to friends and bodies to be taken with utmost dignity – Court has asked the police to work out the modalities in consultation with relatives.
  • Setting up of help lines and help desks – Special Commissioner of Police, Mr Praveer Ranjan assures the Court that it will immediately look into this aspect and ensure that adequate number of help lines and help desks are set up.
  • Fire services and Ambulances reaching the spot in time. – The same shall be taken care by the police in coordination with the Director of Fire Services and Secretary (Health), GNCTD.
  • Victims have left their homes due to riots and many had to leave their dwellings and are afraid to return till the situation is under control — They should be given some kind of assurance that they would be safe in their homes. GNCTD will on war footing ensure that adequate numbers of shelter are set up to provide rehabilitation to displaced victims.

Another concern expressed is that of post-mortem reports and medico-legal certificates copies to be provided to the victims, for which Mr Mehra states that all efforts will be made to ensure that it is done strictly in accordance with law and relevant document is provided to kin of the dead or injured.

Court proposes to appoint Advocate Zubeda Begum as Amicus Curiae to act as Nodal Officer of Court to co-ordinate between victims and various agencies.

To address the urgent needs of the time designated ‘Night Magistrates’ should be available.

In addition to the above, Court also directed Secretaries of District Legal Services Authorities (DLSAs) to ensure that their help lines work 24*7 for the next 2 weeks.

To deal with post-traumatic stress disorder and any other needs, Director, Institute of Human Behaviour and Allied Sciences will also be provided sufficient number of qualified professionals in order to cater to the needs of riot victims.

The matter has been listed for 28-02-2020 [Rahul Roy v. Govt. (NCT of Delhi), WP (Crl.) No. 566 of 2020, decided on 26-02-2020]

As reported by ANI, 

Delhi High Court during the hearing regarding the violence caused in North-East Delhi, stated that the Chief Minister and Deputy CM should also visit the affected areas for confidence-building among people. This is the time to reach out.

Standing Counsel stated that due to the violence there is an official confirmation on 17 deaths due to violence in North East Delhi.

Justice S Muralidhar ordered the court master to play video clip in which BJP leader Kapil Sharma allegedly made an inflammatory speech.

Further, the bench stated that all injured police personnel should be treated with utmost urgency.

Court also asks the highest functionaries in state and central government to personally meet the victims and their families.

Direction to set up helplines for immediate help for victims, private ambulances to be provided for safe passage of victims has been given along with the set up of shelters for rehabilitation along with basic facilities.

Bench with regard to the CBSE Board Examination Centre has asked the board to take a decision on the same by 5 P.M. Today.

Advocate Zubeda Begum has been appointed to act as amicus curiae between the victims and agencies. [PTI]

Court also inquires about the name of the officer who was seen in BJP leader Kapil Mishra’s video clip.

On the plea of deployment of Army in the violence-affected areas, court says ‘We don’t want to enter into the question of deployment of Army. We should focus on the issue of registration of FIR right now.’

Police asked to take a conscious decision on lodging of FIRs and convey it to the court. [PTI]

The court adjourns the matter for tomorrow and states that the authorities must go strictly by the mandate of the law.