Tripura Violence : Supreme Court Asks Lawyer To Approach High Court For SIT Probe; Protects Him From Coercive Police Action

The Supreme Court on Friday asked lawyer Ehtesham Hashmi to approach the Tripura High Court with his plea seeking a Special Investigation Team probe into the communal riots which took place in the State last year.

The Court was informed that the High Court has taken a suo motu case to deal with riots-related cases.

Disposing of his writ petition filed seeking the said relief, a bench comprising Justice DY Chandrachud and Justice Surya Kant further directed that no coercive steps should be taken against the petitioner. Advocate Prashant Bhushan, appearing for the petitioner, submitted before the Court that the petitioner apprehended coercive steps by the Tripura police for posting in social media a fact-finding report relating to riots after visiting the affected areas. Bhushan said that the police has registered UAPA cases against lawyers and activists for posting about the riots.

Solicitor General Tushar Mehta submitted that cases are with resect to inflammatory posts.

"HC is seized off the suo motu proceedings. Having regard to the above position, we are of the view that it would be apt that issue sought to be highlighted by the petitioner is raised before the HC by filing a suitable intervention application", the bench noted in the order.

Permitting Hashmi to intervene in the suo motu case before the High Court, the bench further observed in the order :

"We permit the petitioner to assist the High Court so that a comprehensive view can be taken on all aspects including those which have been raised in the proceedings under Article 32 of the Constitution".

The bench also protected him from coercive actions by the Tripura police :

"In view of the apprehensions which have been expressed on behalf of the petitioners and without this court expressing any opinion on the merits of the apprehensions, we permit the petitioners to be represented to make a request before the chief Justice of the High Court to be allowed to make submissions through counsel on the video conferencing platform. Such a request may be appropriately considered by the division bench of the High Court . We accordingly dispose off the present proceedings. We clarify that in the event the petitioner seeks to appear physically before the High Court, no coercive steps shall be taken by the Tripura police nor shall any precipitate action be taken which shall impede his access to justice. All the rights and contentions of the parties are kept open on the merits of the proceedings. We request the High Court to take up the proceedings expeditiously"

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