Delhi Riots: High Court To Hear Next Week Pleas Seeking SIT Investigation, Registration Of FIRs Against Politicians For Alleged Hate Speech

The Delhi High Court will commence hearing next week a bunch a 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.

A bench comprising of Justice Siddharth Mridul and Justice Anup J Bhambhani posted the matter for hearing on February 8.

The Bench however told the counsels appearing for the petitioners to identify and collate the prayers in the pleas in order to enable the Court to determine the issues which are to be considered and those which may have been rendered infructuous.

"Collate all the prayers in all the petitions so that we can go through these at the very inception and make determination as to which are the ones that are live and those which have been rendered infructuous," Justice Mridul told the petitioners' counsels.

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

During the course of hearing, Advocate Rajat Nair appearing for the Delhi Police apprised the bench that the investigation in riots cases is on an advanced stage wherein FIRs have been registered, charges have been framed in various cases and trials were taking place.

He added that the police has been filing status reports before the Chief Justice bench giving regular updates about the progress in investigation of riots cases.

In a recent status report filed, the Delhi Police had informed that out of the 758 FIRs registered in riots cases, investigation was pending in a total of 384 cases. The police had stated that chargesheets have been filed in 367 cases, cancellation report has been filed in 3 cases and the a total of 4 cases have been quashed by the High Court.

Delhi Riots| Investigation Pending In 384 Out Of 758 FIRs: Police Tells High Court

The Police had also informed the Court that FIRs arising out of or registered in connection with the riots have been investigated promptly, diligently in accordance with law and has been carried out by the police in a credible, fair, honest and impartial manner. Furthermore, it was added that during the entire period of protest against CAA and NRC, the Delhi Police remained vigilant and cautious and took all necessary measures to ensure that the protest may not escalate. 

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.

Another petition seeks registration of FIR and investigation against  BJP leaders Kapil Mishra, Anurag Thakur, Parvesh Verma and Abhay Verma who allegedly made hateful comments to incite the Delhi riots.

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.

Delhi Riots : Supreme Court Asks Delhi HC To Decide Within 3 Months Plea Seeking FIR Against Politicians For Alleged Hate Speech

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