[Breaking] Delhi Court dismisses plea seeking FIR against Anurag Thakur, Parvesh Verma for hate speech

A Delhi Court today dismissed a plea by CPI(M) leaders Brinda Karat and KM Tiwari seeking registration of FIRs against BJP leaders Anurag Thakur and Parvesh Verma for hate speech (Brinda Karat v. State)..Additional Chief Metropolitan Magistrate Vishal Pahuja dismissed the application preferred under Section 156(3) of the Code of Criminal Procedure (CrPC) for lack of previous sanction from the competent authority, the Central government. .In Februray this year, Karat and Tiwari had filed a complaint before the ACMM seeking a direction to the Parliament Street Police Station to register an FIR against Anurag Thakur and Parvesh Sahib Singh Verma for the commission of offences under Sections 153A/153B/295A/298/504/506 of the Indian Penal Code, 1860..Court seeks report from Delhi Police in plea for FIR against Anurag Thakur, Parvesh Sahib Singh Verma for hate speech.The complainants pointed out that during a rally in Rithala in Delhi, Thakur raised chants of “Desh ke gaddaro ko, goli maaro saalon ko” (Shoot the traitors) with reference to those taking part in peaceful protests against the Citizenship (Amendment) Act, 2019. .It was further stated that Verma, on the other hand, gave an interview to ANI on Janaury 28, wherein he was seen making false, provocative and communal statements against the Shaheen Bagh protestors..Incidents of violence independent of speeches: Delhi Police to Court in plea for hate speech FIR against Anurag Thakur, Parvesh Sahib Singh.However, in its action taken report, Delhi Police claimed before the court that prima facie, no cognizable offence had been found to been committed by Thakur and Verma and that it could not be presumed that their statements speeches incited violence..The Court had thereafter reserved the plea for orders. .Delhi Court defers order in Brinda Karat plea for hate speech FIR against Anurag Thakur, Parvesh Verma in view of Harsh Mander PIL.Refusing to accept the complainants' assertion that sanction from Central government under Section 196 CrPC was only required before taking cognizance and not before passing of an order of registration of FIR, the Court today ruled, ."It has been held by Hon’ble Apex Court in Anil Kumar & ors. v. M.K. Aiyappa and Anr Criminal Appeal nos. 1590-1591 of 2013 that “requirement to obtain sanction is mandatory requirement and not directory in nature. If there is no prior sanction, the Magistrate cannot order investigation against a public servant while invoking powers under section 156(3) Cr.P.C.".Admittedly, since there was no previous sanction obtained by the complainants from the Centre to prosecute Thakur and Verma, the court proceeded to dismiss the plea for registration of FIR. .Advocates Tara Narula, Adit S Pujari, Aparajita Sinha, Chaitanya, and Tusharika Mattoo appeared for the complainants. .Read the Order: