"No Cognizable Offence Made Out": Delhi Police On Plea Against Haryana CM For Allegedly Giving Provocative Speeches Against Protesting Farmers

In response to a plea seeking action against Haryana Chief Minister Manohar Lal Khattar for allegedly giving provocative speeches to incite violence against protesting farmers, the Delhi Police has told a city Court that no cognizable offence is made out against Khattar.

The complaint case filed by Advocate Amit Sahni seeks summoning of Khattar and also to direct the concerned police officials to conduct an investigation against him by lodging an FIR in the matter.

"As per allegations in complaint, Sh. Manohar Lal Khattar, Chief Minister, Haryana addressed his party workers at his residence in Chandigarh on 3/10/2021 and the same went viral. From the contents of the complaint and alleged video attached with the complaint, No Cognizable offence is made out. As per complaint, the alleged video has been recorded in Chandigarh which does not fall in the jurisdiction of Delhi. Hence the complaints after due enquiries have been closed/filed," the status report submitted by Delhi Police read.

The development came after Additional Chief Metropolitan Magistrate Sachin Gupta of the Rouse Avenue Court last month directed the Delhi Police to file its response in the matter.

During the course of hearing, Advocate Amit Sahni argued before the Court that the alleged video which is accessible on social media platforms is being viewed by people living in Delhi. 

He also submitted that such kind of hate speech and incitement by government functionary like a Chief Minister could have spiked the agitation and created law and order situation in Delhi.

The Court will now hear the matter on December 21.

According to the complainant, the contents of the videos make it abundantly clear that Khattar has committed offences under Sections 109, 153, 153A and 505 of IPC by "wantonly giving provocation with intent to cause riot, promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony and making statements conducing to public mischief."

"That by way of present Complaint, the Complainant wish to agitate the issue pertaining to controversial video of Chief Minister Haryana, Mr. ML Khattar recorded during a meeting with workers belonging to BJP's kisan morcha at his residence at Chandigarh on 03-10-2021. A portion of his video soon went viral on social media. Accused was addressing the gathering, the link of which was live on YouTube. However, after the portion of his controversial remarks went viral on social media, the video was taken off. But the said video was broadcasted by several persons connected with the CM Office, Haryana. Further the said video is still available on various social platforms and news websites," the plea reads.

It has thus been alleged that the contents of the video depicts that the head of the State of Haryana was allegedly inciting its party members to stand against protesting farmers.

"That the accused ML Khattar has unboxed the conspiracy of the ruling government to instigate its partymen to use criminal force against the protesting farmers by stressing its partymen in a meeting headed by accused to follow instructions strictly as stated hereinabove by emphasizing "Isme ek hi baat dhyaan rakhni hai, josh ke saath anushasan ko bana ke rakhna hai. Jo soochna mil gayi ke yahan tak karna hai, iske aage nahi karna hai, toh fir nahi karna hai," the plea adds.

Furthermore, the complaint alleges:

"That the recent trend to spread hate by the politician is not acceptable in our democratic country and as such anyone making such remarks should be dealt with in a most strict manner and as such the accused deserves to be booked under section 109/153/153A/505 IPC and law of the land must take its recourse and accused must face the criminal prosecution for the crime committed by him."

Case Title: Amit Sahni v. Manohar Lal Khattar