SC refers Brinda Karat’s plea for hate speech FIR against BJP leaders to another bench


PTI, Jan 9, 2023, 12:53 PM IST

The Supreme Court on Monday referred to another bench a plea filed by CPI(M) leaders Brinda Karat and KM Tiwari challenging the trial court’s refusal to direct registration of an FIR against Union Minister Anurag Thakur and his BJP colleague Pravesh Verma for their alleged hate speeches on anti-CAA protest at Shaheen Bagh here.

A bench of Justices Sanjiv Khanna and M M Sundresh was informed that a similar matter was pending before another bench.

The lawyer for the petitioners informed the top court that a bench headed by Justice K M Joseph was hearing a batch of petitions seeking action against hate speeches.

The apex court said it would be better if the case is placed before the same bench.

”The matter be listed before the same bench subject to orders of the Honourable Chief Justice,” the bench said.

The top court was hearing Karat’s plea challenging the June 13, 2022 order of the Delhi High Court.

The high court had dismissed the plea challenging the trial court’s refusal to direct the registration of an FIR against Thakur and Verma for their alleged hate speeches.

The high court had refused to interfere with the trial court’s order and said under the law, the requisite sanction is required to be obtained from the competent authority for the registration of FIR in the present facts.

It had noted that the Delhi Police had conducted a preliminary inquiry in the matter and informed the trial court that prima facie no cognisable offence was made out and that for ordering any investigation, the trial court was required to take cognisance of the facts and evidence before it, which was not permissible without a valid sanction.

It was the petitioners’ grievance that at the Rithala rally here, Thakur had on January 27, 2020 allegedly egged on the crowd to raise an incendiary slogan after lashing out at anti-CAA protesters.

The Delhi Police had defended the trial court order, saying it rightly held that it does not have jurisdiction to deal with the case and referred to the Supreme Court’s judgments which said that if a judge is saying he does not have jurisdiction, he should not comment on merits and that is the right approach.

In the complaint, Karat and Tiwari had sought lodging of FIRs under various sections, including 153-A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc.), 153-B (imputations, assertions prejudicial to national integration) and 295-A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of the IPC.

Holding that the Constitution envisages a secular nation, a bench of Justices Joseph and Hrishikesh Roy had directed Delhi, Uttar Pradesh and Uttarakhand to promptly register criminal cases against those making hate speeches without waiting for a complaint to be filed.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

Indian boxer Mandeep Jangra wins WBF’s world title

IOA submits ‘Letter of Intent’ to host 2036 Olympics in India

CBDT allows tax officials to waive or reduce interest due from assessee

Like UP, bring BJP to power in Jharkhand to ‘bulldoze’ mafia: Yogi at Koderma poll rally

Govt asks Wikipedia why it should not be treated as publisher instead of intermediary

Karnataka HC issues notice to CM, others on plea seeking transfer of MUDA case to CBI

SC upholds validity of UP madrassa law, says it does not violate principle of secularism

Related Articles More

Indian boxer Mandeep Jangra wins WBF’s world title

Like UP, bring BJP to power in Jharkhand to ‘bulldoze’ mafia: Yogi at Koderma poll rally

Govt asks Wikipedia why it should not be treated as publisher instead of intermediary

SC upholds validity of UP madrassa law, says it does not violate principle of secularism

Delhi riots case: HC dismisses plea by Khalid Saifi against attempt to murder charge

MUST WATCH

Gho Pooja in Deepavali Festival

Melukote Deepavali

Ganapathi Co-operative Society Ltd

Udayavani Chinnara Banna 2024

Annapoorna Aahar | Food Places In Mysore


Latest Additions

Indian boxer Mandeep Jangra wins WBF’s world title

IOA submits ‘Letter of Intent’ to host 2036 Olympics in India

CBDT allows tax officials to waive or reduce interest due from assessee

Like UP, bring BJP to power in Jharkhand to ‘bulldoze’ mafia: Yogi at Koderma poll rally

Govt asks Wikipedia why it should not be treated as publisher instead of intermediary

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.