Why don't you move SC with pleas in Delhi 2020 riots: HC asks petitioners

New Delhi, Nov 21 (PTI) The Delhi High Court on Friday asked petitioners seeking FIRs against certain political leaders for alleged hate speeches and an independent SIT probe into the 2020 riots here the reason for not approaching the Supreme Court which is seized of a similar matter.

The high court said since a petition seeking similar relief on the basis of the same material is already pending in the top court, there is no need for holding two hearings in two different courts.

"As of date we are asking, would it not be advisable that you people also go to the Supreme Court and make your submissions there. Because you all are seeking the same relief on the basis of the same material. Why should there be two hearings in the same matter, this is what we are asking.

"You all can be impleaded there and argue your case on the same material. Why keep it pending here," a bench of Justices Vivek Chaudhary and Manoj Jain said.

During the hearing, prosecutor Rajat Nair, representing the Delhi Police, submitted that in a petition filed by CPI(M) leader Brinda Karat seeking similar prayers, the magistrate had dismissed an application under Section 156(3) CrPC and the appeal was also rejected by the single judge of the high court.

He said the high court's order was challenged before the Supreme Court and is pending there and the prayers sought here in the batch matters are covered in that petition.

Senior advocate Colin Gonsalves, representing petitioner Shaikh Mujtaba Farooq, said he is seeking an independent SIT investigation involving officers from outside the state and this prayer can be granted only by a constitutional court.

The court listed the matter for further hearing on December 11.

A communal clash broke out in Northeast Delhi on February 24, 2020, amid citizenship law protests, leaving at least 53 people dead and around 700 injured.

Several petitions are pending in the high court in relation to the riots.

Petitions have been made demanding that political leaders be booked for alleged hate speeches, a special investigation team (SIT) be formed to probe the violence and FIRs be lodged against police officers.

Petitioner Ajay Gautam has prayed for an NIA probe under the anti-terror law UAPA to find out the "anti-national forces" behind the agitation against the Citizenship (Amendment) Act (CAA), 2019.

A public interest litigation by Shaikh Mujtaba Farooq has sought FIRs against BJP leaders Anurag Thakur, Kapil Mishra, Parvesh Verma and Abhay Verma for allegedly making hate speeches before the violence erupted in the area.

Lawyers Voice, an NGO, has sought police action against Congress leaders Sonia Gandhi, Rahul Gandhi and Priyanka Gandhi Vadra, as well as former Delhi deputy chief minister Manish Sisodia, Aam Aadmi Party (AAP) MLA Amanatullah Khan, AIMIM leader Akbaruddin Owaisi, former AIMIM MLA Warris Pathan, Mehmood Pracha, Harsh Mander, Mufti Mohammad Ismail, Swara Bhasker, Umar Khalid, former Bombay High Court judge B G Kolse Patil and others.

Jamiat Ulama-i-Hind, in its PIL, has sought the formation of an SIT for an independent probe into the riots.

The police earlier said they had already created three SITs under the crime branch, and there was no evidence yet that their officers were involved in the violence or that political leaders instigated or participated in it.

They said that their investigation prima facie revealed that it was not a case of any sporadic or spontaneous violence but a well thought-out "conspiracy to destabilise the harmony in the society".

They told the high court that they had registered 757 FIRs in connection with the riots and investigation was pending in 273 cases while trial was pending in 250.

The Supreme Court, in an order of December 2021, had requested the high court to dispose of expeditiously, preferably within three months, a plea seeking registration of FIRs against politicians accused of making hate speeches, which purportedly led to the riots. PTI SKV SKV KSS KSS