Supreme Court Adjourns Hearing of Brinda Karat's Plea for Registration Of FIRs Against Anurag Thakur and Parvesh Verma For Alleged Hate Speeches

A bench of Abhay S Oka and Sanjay Karol was slated to hear today Karat and Tiwari's petition against the Delhi High Court’s refusal to set aside a trial court that had rejected their plea for registration of FIRs against the two leaders from the ruling Bharatiya Janata Party. However, the top court bench had to adjourn the hearing at the behest of the counsel, who circulated a letter seeking an adjournment. 

Background

Communist Party of India (Marxist) leaders Brinda Karat and KM Tiwari approached the Delhi High Court in a criminal writ petition after a trial court refused to accept their plea for registration of first information reports (FIR) against the BJP leaders. 

In August 2020, a trial court in Delhi dismissed the petitioners’ application filed under Section 156(3) of the Code of Criminal Procedure seeking registration of an FIR for offences under various sections of the Indian Penal Code, observing that prior sanction under Section 196 of the Code was required even at the initial stage, which had not been obtained by Karat and Tiwari.

The petitioners, however, argued that the stage of cognizance did not arise at a time when directions under Section 156(3) of the Code are given, and as such, no sanction was required under either Section 195 or Section 196 for the registration of an FIR. But, in June 2022, the Delhi High Court dismissed the writ petition filed by Karat and Tiwari against the trial court order. Justice Chandra Dhari Singh held that although the writ petition was maintainable, it could not be entertained in view of the settled position of law as well as judicial rulings on the existence of an efficacious alternative remedy.

In April this year, the Supreme Court issued notice on a special leave petition filed by the petitioners against the Delhi High Court’s order of dismissal. While agreeing to hear the plea, a bench of Justices KM Joseph and BV Nagarathna also observed that prima facie, the stand of the magistrate that sanction was required to register an FIR in the case, appeared to be incorrect.

Case Details

Brinda Karat & Anr. v. State of NCT of Delhi & Anr. | Special Leave Petition (Criminal) No. 5107 of 2023