Delhi Police makes U-turn in SC, says FIR registered after analysing videos
New Delhi: In a U-turn, the Delhi Police has informed the Supreme Court that after analysing videos and links on social media on hate speech at a Dharam Sansad here, it has registered an FIR for promoting enmity between groups.
The Delhi Police had earlier told the top court that "no specific words against any community were uttered" at the event organised here by the Hindu Yuva Vahini on December 19 last year.
The fresh affidavit of the Delhi Police said, It is submitted that all the links given in the complaint and other material available in public domain were analysed. One video containing audio and video recording of the above said programme was found uploaded on YouTube channel. After further minute verification of the materials, FIR has been registered on May 4 at police station Okhla Industrial Area, South East (Delhi) District for the offences of section 153A, 295A, 298 and 34 of Indian Penal Code."
It further said that investigation will be carried out in accordance with the law.
On April 22, the top court had expressed its displeasure over a Delhi Police affidavit which had said that "no hate speech was made" during the event and directed it to file a "better affidavit".
"The affidavit has been filed by the Deputy Commissioner of Police. We hope he has understood the nuances. Has he merely reproduced the inquiry report or applied mind? Is it your stand as well or the reproduction of the inquiry report of the sub-inspector-level officer?" a bench headed by Justice A M Khanwilkar had said.
The top court had asked can such a stand be taken on an affidavit before the court and wanted to know who verified the affidavit and if the Delhi Police was accepting it as a correct finding.
Additional Solicitor General (ASG) K M Nataraj, appearing for the Delhi Police, had said that they would have a "re-look" of the matter and file a fresh affidavit.
The top court was hearing a petition filed by journalist Qurban Ali and former Patna High Court judge and senior advocate Anjana Prakash, who has also sought a direction for an "independent, credible and impartial investigation" by an SIT into incidents of hate speeches against the Muslim community.
Senior advocate Kapil Sibal, appearing for the petitioners, had drawn the attention of the bench during the
hearing towards extracts of the speech and the enquiry report of the sub-inspector of the
Okhla Industrial Area police station.
The top court had then asked the law officer if any senior officer had verified the affidavit.
It had asked the ASG if the Delhi Police was accepting it as a correct finding. "This is the reproduction of the inquiry report prepared by a
sub-inspector level officer or is it your stand? If it is so, then we have to ask the Commissioner of Police to look into it if this is your stand also?" the top court had said.
Nataraj had said they will have a re-look of the matter and file a fresh affidavit.