Delhi HC allows time for petitioners to implead politicians in pleas seeking action against hate speeches ahead of February 2020 riots

New Delhi: The Delhi High Court on Tuesday granted time for filing of applications for adding as parties certain political leaders to the petitions alleging that they delivered hate speeches which led to violence in February 2020 here in the backdrop of protests against the Citizenship (Amendment) Act.

Senior advocates Colin Gonsalves and Sonia Mathur, who appeared for petitioners Shaikh Mujtaba Farooq and Lawyers Voice, respectively, said that they would file applications for the impleadment of the concerned persons to their petitions seeking registration of FIRs against the alleged wrongdoers.

A bench of Justices Siddharth Mridul and Anup J Bhambhani said the court is yet to allow the applications which will be considered after being filed.

Gonsalves clarified that his application was very different from the one that will be filed in the other petition, to which Justice Mridul responded, Once she (Mathur) files an application, we will consider it. We are not allowing the applications yet. The applications have to be filed. Petitioner Farooq has sought registration of FIR against BJP leaders Anurag Thakur, Kapil Mishra, Parvesh Verma, and Abhay Verma. The other petitioner has sought the registration of hate speech FIRs against Congress leaders Sonia Gandhi, Rahul Gandhi, and Priyanka Gandhi Vadra as well as Delhi's Deputy Chief Minister Manish Sisodia, Aam Aadmi Party MLA Amanatullah Khan, AIMIM leader Akbaruddin Owaisi and former AIMIM MLA Waris Pathan.

During the hearing, the bench questioned the petitioners if any order having criminal consequences can be passed in the absence of the parties getting affected as it emphasised that the presence of all necessary and proper parties is required for adjudication.

Assuming that you are able to satisfy us, people, against whom allegation is made, can we proceed to issue directions against them without hearing them? Aren't they entitled to an opportunity to defend themselves? the court asked.

Additional Solicitor General Aman Lekhi, appearing for Delhi Police, urged the court to defer hearing on the petitions until affected parties are impleaded. He submitted that he would bring on record a list of issues that survive at this stage in the present petitions.

The matter would be heard next on February 16.

The high court is seized of several petitions concerning the 2020 riots in North East Delhi and alleged hate speeches by leaders which led to violence in the backdrop of protests against the Citizenship (Amendment) Act.

Apart from seeking action against those who allegedly gave the hate speeches, some pleas have also sought other reliefs, which include setting up of an SIT, FIRs against police officers who were allegedly involved in the violence, and disclosure of persons arrested and detained.

Among this was also a plea seeking to identify the "anti-national forces" behind the anti-CAA protests.

Hearing this prayer, the Delhi High Court said it was all rhetoric and asked how the petitioner expected the court to proceed with this.

"This is just a lot of rhetoric. There are no substantial prayers in this. National security is the lookout of the government... This is not a platform for rhetoric. This is a serious platform. We can't help you here," the bench said.

The petition by Ajay Gautam has prayed for an NIA probe under the unlawful activities law UAPA into the violence of February 2020 and find out the "anti-national forces" behind the agitations.