Police Must Ascertain Effect Of Alleged Provocative Speech Given By Haryana CM Against Protesting Farmers: Complainant To Delhi Court

In the plea seeking action against Haryana Chief Minister Manohar Lal Khattar for allegedly giving provocative speeches to incite violence against protesting farmers, the complainant has told a Delhi Court that police investigation is required into the matter so as to unearth the effect of the said speech.

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.

In the written submissions filed before the Court, Sahni has said that the assistance of the police is required as the complainant on his own may not be in a position to collect and produce the evidence in support of the accusations.

Accordingly, police investigation is sought on the following aspects:

- Scientific Evidence is required as Video and contents thereof is required to be examined by FSL. The complainant on his own cannot establish its genuineness. The accused person is Head of the State of Haryana and as such if the authenticity of the video is not investigated by a Government Agency, then the accusations against the accused cannot be proved.

- How many persons committed crime pursuant to the statement made by the Accused ML Khattar.

- Recovery of complete statement is required to be seen and only police can recover such video.

- It is also required to be investigated as to who were present in the said meeting during which the accused person made the controversial speech.

- It also requires to be investigated as to out of persons, who attended the function where controversial speech was given by accused M L Khattar, how many actually indulged into criminal acts pursuant to such speech.

- What was the effect of the speech in terms of violence.

The development came after the Delhi Police had told the Court that no cognizable offence was made out against Khattar.

Additional Chief Metropolitan Magistrate Sachin Gupta of the Rouse Avenue Court had directed the Delhi Police to file its response in the matter.

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