Delhi Riots: High Court Issues Notice On Applications Seeking Impleadment Of Political Leaders For Alleged Hate Speech

The Delhi High Court on Monday issued notice on the applications seeking impleadment of various political leaders and others, in order to ascertain as to whether they ought to be added as party respondents in the pleas seeking registration of FIRs against politicians for alleged hate speeches during 2020 Delhi riots.

A division bench comprising of Justice Siddharth Mridul and Justice Anoop Kumar Mendiratta issued notice on the impleadment applications filed by petitioners Shaikh Mujtaba and Lawyers Voice.

The impleadment application by Shaikh Mujtaba seeks to implead four BJP leaders Kapil Mishra, Anurag Thakur, Parvesh Verma and Abhay Verma as respondents no. 5 to 8.

On the other hand, the impleadment application filed by Lawyers Voice seeks impleadment of 20 persons including:

Sonia Gandhi, Rahul Gandhi, Priyanka Gandhi, Manish Sisodhia, AmanatUallah Khan, Warris Pathan, Akbaruddin Owaisi, Mehmood Pracha, Harsh Mander, Mufti Mohd. Ismail, Swara Bhaskar, Umar Khalid, Maulana Habib ur Rehman, Mohd. Dilwar, Maulana Shreyar Raza, Maulana Hamood Raza, Maulana Taukir, Faizul Hassan, Tauqeer Raza Khan and BG Kolse Patil.

At the outset, Justice Mridul orally remarked thus "Before we implead, we will have to give them an opportunity. We can't implead if they oppose it."

The Court sought response of the aforementioned proposed respondents while posting the matter for further hearing on March 22.

"The application has been filed by petitioners (in Shaikh Mujtaba case) seeking impleadment of respondents against whom they have made allegations in the writ petition as party respondent in the proceeding. Having heard Mr. Gonsalves on behalf of the petitioners, we consider it appropriate in accordance with law to issue notice to the proposed respondents 5 to 8 to respond as to whether they ought to be impleaded as party respondents to the present writ petition," the Court ordered.

Regarding the impleadment application filed by Lawyers Voice, the Court ordered that notice be issued through all permissible modes including Dasti and electronic mail within two days.

During the course of hearing today, the Bench however clarified that it was yet to hear the petitions on merits and that in the first instance, all the petitioners will have to satisfy the Court qua maintainability of the proceedings as PILs.

Amit Mahajan appearing on behalf of Union of India and Delhi Police submitted that he will not file a reply to the said applications.

The Court was hearing bunch of pleas seeking independent SIT investigation into the North East Delhi Riots of 2020. The pleas also seek registration of FIRs against politicians for alleged hate speeches and action to be taken against errant police officials.

The development came after the Court on one of the previous dates of hearing granted liberty to two of the petitioners namely Lawyers Voice and Shaikh Mujtaba Farooq to implead proper and necessary parties in their pleas with regards to the specific allegations of hate speeches by various political figures. 

The petitions were transferred by a bench headed by Chief Justice DN Patel vide order dated January 28, 2022.

One of the petitions filed by Jamiat Ulama-e-hind seeks an impartial investigation into the cases by a Special Investigation Team, headed by a retired Supreme Court or Delhi High Court judge. It is demanded that members of the Delhi Police shall be excluded from this SIT.

In addition to the SIT, the petition also seeks a separate and 'especially empowered body' to enquire into all aspects of planning, preparation and causing of the riots.

The petition moved by Ajay Gautam has asked for National Investigation Agency to investigate the funding and sponsoring of protests against the Citizenship Amendment Act.

Petitioner had also claimed that these protests are allegedly funded by PFI, which as per him is an anti-national organization, and the same are supported by political parties such as Congress and Aam Aadmi Party.

In addition to these claims, the Petitioner had also asked for FIR to be registered against political leaders such as Waris Pathan, Asaduddin Owaisi and Salman Khurshid, for allegedly making inflammatory and hate speeches.

The petition filed by Brinda Karat seeks independent investigation into the complaints alleging acts, offences and atrocities by members of the police, RAF or state functionaries in relation to the riots. 

In December last year, the Supreme Court had asked the Delhi High Court to decide expeditiously, preferably within three month one of the petitions seeking FIR and investigation against politicians.

Case Title: Ajay Gautam v. GNCTD and other connected pleas