SC allows petitioner seeking independent probe to move HC

New Delhi: The Supreme Court on Friday allowed a petitioner seeking an independent and impartial probe by an SIT into the alleged incidents of violence which took place in Tripura last year to move the state High Court, which is seized of a similar matter.

A bench of Justices DY Chandrachud and Surya Kant also directed the state police to not take any coercive action against petitioner Ethesham Hashmi in case he chooses to appear before the Tripura High Court physically.

We permit the petitioner to assist the High Court so that a comprehensive view can be taken from all aspects including those which are raised in proceedings under Article 32 of the Constitution.

"In view of the apprehensions, which have been expressed on behalf of the petitioner and without this court expressing any opinion on the merits of the apprehension, we permit the petitioner to make a request to Chief Justice of the High Court to be allowed to make a submission through counsel on the video conferencing platform , the bench said.

Advocate Prashant Bhushan, appearing for Hashmi, said that in case the petitioner chooses to go there, he should not be subjected to any coercive action by the police.

Solicitor General Tushar Mehta, appearing for the Tripura government, said that the petitioner should not make any provocative and inflammatory posts on social media.

He will not post any inflammatory post. The court may consider mentioning in the order that our contentions are also left open in the matter. It cannot be objected to if the High Court is examining the issue.

We would also raise issues about the intention behind this petitioner. The High Court has taken up the matter suo motu, we will assist it,

Mehta said.