The Delhi High Court on Tuesday said that there was nothing left in the petitions seeking action against politicians for hate speeches that led to the North-East Delhi riots of 2020.
A Division Bench of Justices Vivek Chaudhary and Manoj Jain noted that the police has already registered first information reports (FIRs) in relation to the violence committed during the riots. It said that if the petitioners suspect that the investigation has not been fair, they can withdraw the petitions from the High Court and approach the trial court.
"FIRs are already registered and the police are investigating...Nothing left in this," the Court remarked.
As the counsel appearing for Jamiat Ulama-i-Hind, one of the petitioners, said that the Delhi Police probe has not been impartial, the Court said that such questions can be raised before the trial court.
"Go before the Magistrate...These are questions of fact. The High Court cannot entertain these questions in writ petitions. Go to the magistrate...You may withdraw [the petitions] and go to the magistrate," the Court said.
Ultimately, the Bench adjourned the case to November 21 and ordered the Delhi Police counsel, Advocate Dhruv Pande, to furnish data about the number of cases registered and the progress in those investigations.
The High Court has been hearing a batch of petitions seeking registration of FIRs against politicians for the speeches they delivered during the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) protests that allegedly instigated the riots in North East Delhi and ultimately led to the death of over 50 people.
One of the petitions, filed by Shaik Mujtaba Farooq, seeks registration of FIRs against Bharatiya Janata Party (BJP) leaders like Anurag Thakur, Kapil Mishra and Parvesh Sahib Singh Verma. Another petition by Lawyers’ Voice seeks prosecution of several opposition leaders, including Rahul Gandhi, Sonia Gandhi, Manish Sisodia Sisodia, Asaduddin Owaisi as well as a retired High Court judge.
The other petitions - including one by Communist Party of India (Marxist) leader Brinda Karat and another by Jamiat Ulama-i-Hind - sought a court-monitored probe by a Special Investigation Team (SIT) into the role of the Delhi Police in the riots.
Meanwhile, another plea filed by activist Ajay Gautam seeks a probe by the National Investigation Agency (NIA) into the protests, alleging that there was an ‘international conspiracy’ and that the activists received ‘foreign funding’.
Though many of these pleas were filed in the immediate aftermath of the riots, they have been pending before the Court since.