Delhi HC asks SG to advise police on lodging of FIRs against ‘hate speeches’ by 3 BJP leaders

Delhi High Court on Wednesday asked Solicitor General Tushar Mehta to advice the police commissioner on lodging of FIRs relating to alleged hate speeches by three BJP leaders

Delhi HC asks SG to advise police on lodging of FIRs against ‘hate speeches’ by 3 BJP leaders
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NH Web Desk

The Delhi High Court on Wednesday asked Solicitor General Tushar Mehta to advice the police commissioner on lodging of FIRs relating to alleged hate speeches by three BJP leaders.

A bench of justices S Muralidhar and Talwant Singh was hearing plea seeking lodging of FIRs and arrests of those involved in the ongoing communal violence in parts of northeast Delhi over the Citizenship (Amendment) Act.

The hearing will continue at 2.30 pm.

The high court said the situation outside was very unpleasant.

It asked Mehta and deputy commissioner of police (crime branch) if they have seen the video clip of BJP leader Kapil Mishra making alleged hate speech. Later, the video was played in the courtroom.

Here is an excerpt of lawyer’s arguments and comments by the judge inside the courtroom as reported by LiveLaw:

SG Tushar Mehta submits that he's been authorised by LG of Delhi to appear in this matter. Rahul Mehra opposes SG's appearance by arguing that LG can't authorise without the aid and advice of council of ministers .

SG Tushar Mehta informs the court that this matter was listed before Chief's Court, and it will be coming up for hearing tomorrow.

SG Tushar Mehta informs the court about a petition pending before the SC regarding clearing the area of Shaheen Bagh.

SG Tushar Mehta says that the present petition is different from the one pending before the SC in terms of their scope and content

SG Tushar Mehta says that the arrest of BJP leaders for allegedly making hate speeches is not urgent enough so as to call the matter from Chief's court and hear it today.

Justice Muralidhar informs SG Tushar Mehta as to how mentioning works in Delhi HC when the Chief's Court is on leave. 'Because Petitioner wanted urgent orders, we took it up today', Justice Muralidhar says.

Justice Muralidhar says that the court also has to decide whether SG can appear for Commissioner and Deputy Commissioner of Delhi Police.

Rahul Mehra contends that LG can't authorise SG to appear on behalf of Delhi Police without the aid and advice of Delhi Government 'It's against Rule of Law', Mehra argues

SG Tushar Mehta wants the present matter to be listed for tomorrow as he considers it to be not urgent. He also wants time to move an application and file his reply.

SG Tushar Mehta that this question of appointing of counsel is a petty issue. He makes an oral application seeking impleadment of Union of India as a party to this petition

'Can't this matter for 16 more hours', SG Tushar Mehta submits as he wants Union of India to be made a party to this case

'Isn't lodging of FIRs against the culprits an urgent matter', Justice Muralidhar asks

'We're repeatedly asking you to be a law officer. You need to satisfy us on the question of urgency', Justice Muralidhar tells SG Tushar Mehta

'Situation out there is very unpleasant. We have to discuss the issue of urgency', Justice Muralidhar highlights 'Let me take instructions and come tomorrow', SG Tushar Mehta responds.

'I'm not aware of the facts, I need to do that first before making my submissions', SG Tushar Mehta informs the court 'We're asking you these questions only as your position as an officer of the court', Justice Muralidhar highlights.

'There are videos that hundreds of people have watched. Do you still think it's not an urgent matter', Justice Muralidhar asks 'I haven't watched the videos', SG responds

Justice Muralidhar asks the police officer as to whether he has watched the video clips of BJP leaders which has led to demand of FIRs against them? 'I've watched two of them, haven't watched Kapil Mishra's video', he responds

'This is really concerning. There are so many TVs in your office, how can police officer say that he hasn't watched the videos. I'm really appalled by the state of affairs of Delhi Police', -Justice Muralidhar

Justice Muralidhar orders for clip regarding Kapil Mishra's speech to be played in the court 'Let all of you watch it', he says

SG Tushar Mehta says that he doesn't watch TV or news before making his submissions 'Unfortuantely that's not the privilege that judges have', Justice Muralidhar says.

After watching Kapil Mishra's speech, the police officer present in the court identifies the Sub Inspector present in the video

Justice Muralidhar gives the transcript of Kapil Mishra's speech to SG. SG seeks more time to go through the same 'We want you to advice the Police Commissioner', Justice Muralidhar says.

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Published: 26 Feb 2020, 2:00 PM
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