New Delhi [India], April 17 : The Supreme Court on Monday issued notice to the Delhi police on the petition filed by CPI (M) leader Brinda Karat seeking registration of FIR against Bharatiya Janata Party leaders Anurag Thakur and Parvesh Verma for their alleged hate speeches in 2020 during Delhi riots.
A bench of Justices KM Joseph and BV Nagarathna sought a response from Delhi police within three weeks.
During the hearing, the bench orally observed prima facie the Magistrate's stand that sanction was required for lodging FIRs against the two BJP leaders may not be correct.
The top court was hearing a plea filed by Communist Party of India (Marxist) leaders 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 note that Delhi police had conducted a preliminary inquiry into 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 elections in 2020 when the anti-Citizenship Amendment Act (CAA) protests were ongoing in the city.
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