New Delhi: Over six years after they were filed, Delhi High Court Monday dismissed a batch of PILs seeking, among other prayers, an SIT probe into the 2020 northeast Delhi riots and prosecution of BJP’s Anurag Thakur , Kapil Mishra and Parvesh Verma for alleged hate speeches.
“SC did not direct registration of any FIR or order any continuing judicial supervision of any investigation… it leaves little scope for this court to independently revisit the legal principles governing the relief,” a bench of Justices Vivek Chaudhary and Manoj Jain noted, adding that the complaints concerning alleged inflammatory speeches, grievance of alleged police inaction and the recourse to statutory remedies constitute important features of the proceedings, which ultimately travelled to SC. “No subsequent development has been brought to our notice, which may warrant issuance of direction for registration of FIRs in exercise of the extraordinary jurisdiction of this court,” HC said. “We, therefore, cannot proceed on the assumption that the material placed before us represents complete and accurate versions of the speeches or record a definitive finding of fact as to their contents or context,” the court said. “To sum up, as on date, we find no exceptional circumstance warranting exercise of the extraordinary jurisdiction of this court to direct registration of further FIRs, constitute an independent investigative mechanism, order wholesale further investigation into allegations against police officials, issue additional blanket directions regarding preservation of evidence, or grant further general directions relating to compensation and rehabilitation,” the bench said in its judgment. HC said it cannot be overlooked that the petitions were pending for more than six years during which the criminal justice process has significantly progressed and no case was made out for constituting an SIT, directing a court-monitored probe or transferring the investigation to any independent agency.
Other petitions sought action against Congress’ Sonia Gandhi, Rahul Gandhi and Priyanka Gandhi Vadra; AAP’s Manish Sisodia and Amanatullah Khan, and AIMIM’s Akbaruddin Owaisi.