Delhi Police Swat
Delhi Police Swat

[Delhi Riots] All hate speeches being examined; action will be taken against political leaders in case of nexus: Police tells Delhi HC

The statement is in response to a prayer for registration of FIR against political leaders Sonia Gandhi, Kapil Mishra, Anurag Thakur, Akbaruddin Owaisi and others for hate speech in relation to the Delhi riots.

In response to one of the Delhi riots petitions, the Delhi Police has told the High Court that all hate speeches are being examined and necessary action will be taken if a nexus with the riots is found (Deepak Madan vs NCT of Delhi).

The submission was made in the petitions seeking registration of FIR against political leaders Sonia Gandhi, Kapil Mishra, Anurag Thakur, Akbaruddin Owaisi and others for hate speech in relation to the Delhi riots that occurred in March this year.

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"The Addl. Commissioner of Police [CyPad] is examining all hate speeches and if it is found on evidence that their speech had any nexus with the riots which have occurred in New Delhi, appropriate action would be taken accordingly."
Delhi Police

The statement forms part of the common counter-affidavit filed by the Delhi Police, through Advocate Rajat Nair, in response to all the petitions concerning the Delhi riots.

In response to another petition which seeks FIR against BJP leaders Kapil Mishra, Anurag Thakur, and Parvesh Verma, the Delhi Police has said that no fresh FIR is warranted at this stage against them, and as and when substantial and cogent evidence of their involvement in any offence emerges, suitable steps will be taken in furtherance of the already registered FIRs (Shaikh Muitaban Farooq & Ors. Vs. Union of India & Ors).

Stating that 751 crirninal cases have already been registered in North East District related to the of violence/riots and three Special Investigation Teams (SITs) have also been constituted to carry out the investigation, Delhi Police has said,

"Chargesheets in 43 cases have already been filed by the SITs. It is humbly stated that in case, during the investigation, the role of aforesaid persons in commissioning of the offences in the respective FIRs would surface, Delhi police would be duty bound to take statutory steps as mandated under the law against the aforesaid persons."
Delhi Police

A similar prayer for action against BJP Minister Anurag Thakur was also made by CPI(M) leader Brinda Karat (Brinda Karat v. GNCTD & Ors.)

In relation to this, the Police has submitted,

"Moreover, the Add. Commissioner of Police (CyPad) is authorized and is examining all hate speeches and wherever such speeches are found falling within any offence, appropriate FIR's would be filed."
Delhi Police

In its affidavit, Delhi Police has sought the dismissal of all the writ petitions on the ground that it was impermissible in law to seek interference of the Court in a criminal matter, in the garb of PIL.

It is reitertated that as per prima facie investigation, the riot was not a case of any sporadic or spontaneous violence, but appeared to be a part of a conspiracy to destabilise harmony in the society.

The matter will be heard on July 21.

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