The Supreme Court on Monday adjourned the hearing of the petition filed by CPI(M) leader Brinda Karat seeking registration of FIRs against BJP leaders Anurag Thakur and Parvesh Verma for their alleged hate speeches during the 2020 Delhi state election campaign.
A bench of Justices Abhay S Oka and Sanjay Karol adjourned the hearing in pursuant of the letter circulated to adjourn the hearing.
Earlier, the apex court had issued notice to the Delhi police and sought its response within three weeks.
It had then orally observed during the hearing that prima facie the Magistrate’s stand that sanction was required for lodging FIRs against the two BJP leaders may not correct.
The top court was hearing a plea filed by Communist Party of India (Marxist) leaders Brinda Karat and KM Tiwari challenging the June 13, 2022 order of the Delhi High Court wherein it 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.
The High Court took into note that 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.
The two leaders made the alleged speeches during the Delhi assembly election campaign in 2020, when the anti-Citizenship Amendment Act (CAA) protests were ongoing in the city.
