NEW DELHI: The Supreme Court Tuesday agreed to hear an application, filed by former Chief Information Commissioner Wajahat Habibullah and others, seeking direction to the police to lodge FIRs on the complaints regarding the ongoing violence in Delhi over the Citizenship Amendment Act (CAA).
The application was mentioned for urgent listing before a bench of Justices S K Kaul and K M Joseph, which said it would be heard on Wednesday.
The death toll rose to nine on Tuesday in the violence over the amended citizenship law that has rocked northeast Delhi.
The bench is already scheduled to hear two pleas seeking removal of protestors from Shaheen Bagh, the epicentre of agitation against the CAA for over two months.
The fresh application, filed by Habibullah, Bhim Army chief Chandrashekhar Azad and social activist Bahadur Abbas Naqvi, has also sought a direction to the authorities to provide adequate security and ensure the safety of women protestors at Shaheen Bagh and other places in the national capital.
They have already filed an intervention application in the top court in the pending plea seeking removal of protestors from Shaheen Bagh.
In their fresh application, they have alleged that on February 23, "Kapil Mishra, who is known for making speeches to instigate crowds with violence and vandalism, carried out a pro-CAA rally next to the Maujpur-Babarpur metro station which is 2 km away from peaceful protests that were going on at Jaffrabad".
Referring to a media report, the application alleged that Mishra first gathered supporters near the Maujpur-Babarpur metro station and in an "orchestrated move", he left the place after having incited the crowd, after which violence erupted in Jaffrabad and the peaceful protestors were forced to run for safety.
It alleged that the persons who were hurt in the attack on February 23, had filed complaints with the police but no action was taken against the perpetrators of violence.
"Open threats are now been given to the protestors at Shaheen Bagh that they will meet the same fate as meted out to the peaceful women protestors at Jaffrabad, Chand Bagh. It is therefore imperative that appropriate orders are passed to put a stop to this violence on peaceful protestors and the guilty are brought to book," the application, settled by advocate Mehmood Pracha, alleged.
It claimed that violence has escalated through the day with "horrific incidents of violence and arson" but the police has refused to lodge FIRs against the attackers.
"As per various reports, anti-social elements from the surrounding villages of UP have entered Delhi in buses and trucks and have been attacking the residents of Delhi and the peaceful protestors," the application claimed.
It sought a direction to the police to register FIRs on the complaints that are being made in respect of the attacks that started in the evening of February 23 and which escalated throughout the day of February 24.
On Monday, the Supreme Court-appointed interlocutors had filed their report in a sealed cover in the apex court following their talks with protestors at Shaheen Bagh.
The court had on February 17 asked senior advocate Sanjay Hegde to "play a constructive role as an interlocutor" and talk to the protestors to move to an alternative site where no public place would be blocked.
It had said that Hegde along with advocate Sadhana Ramachandran or any other person of his choice may talk to the protestors.
The apex court was hearing an appeal filed by advocate Amit Sahni, who had approached the Delhi High Court seeking directions to Delhi Police to ensure smooth traffic flow on the Kalindi Kunj-Shaheen Bagh stretch, which was blocked by anti-CAA protesters on December 15 last year.
While dealing with Sahni's plea, the high court had asked local authorities to deal with the situation keeping in mind law and order.
Separately, former BJP MLA Nand Kishore Garg has filed a plea in the apex court seeking directions to authorities to remove protestors from Shaheen Bagh.
Restrictions have been imposed on the Kalindi Kunj-Shaheen Bagh stretch and the Okhla underpass, which were closed on December 15 last year due to protests against CAA and National Register of Citizens (NRC).
Will hear plea on Delhi riots Wednesday: Delhi HC
The Delhi High Court Tuesday said it would hear on Wednesday a plea seeking registration of an FIR and arrest of persons involved in the ongoing violence in north-east Delhi over the Citizenship Amendment Act (CAA).
The plea was mentioned before a bench of Justices G S Sistani and A J Bhambhani for an urgent hearing on Tuesday itself.
The court said however that it would be heard on Wednesday.
The petition filed by human rights activist Harsh Mander and activist Farah Naqvi sought setting up of an SIT to inquire into the incident and compensation for those killed and injured in the violence.
Advocate Sneha Mukherjee, while mentioning the plea, said they are seeking that action be taken against certain individuals who are inciting people and making hate speeches due to which violence has erupted in various areas of north-east Delhi.
It has also sought directions to the Centre for the deployment of the Army to maintain law and order in the national capital and areas where the "communal attack on people are most ferocious".
Clashes broke out between groups supporting and opposing the CAA in north-east Delhi's Jafrabad and Maujpur on Monday, with protesters torching houses, shops and vehicles, and hurling stones at each other.
Violence has also been reported in Chandbagh and Bhajanpura areas of the city.
Delhi Police head constable, Ratan Lal, was among the nine people who have been killed in the violence that erupted on Monday over the amended citizenship law.
The petition, filed through advocates Fazal Abdali and Nabila Hasan, said that on February 22, around 500 people reached the Jafrabad Metro Station where women were holding peaceful protests against the CAA.
On February 23, BJP leader Kapil Mishra held a rally in support of CAA near Maujpur Metro Station which is situated at a distance of 1.4 kms from Jafrabad Police Station and allegedly made "inflammatory, provocative and inciteful statements" and also posted a tweet on social media in this regard, it alleged.
The petition sought a direction to the authorities to register an FIR against Mishra, Union minister Anurag Thakur and BJP MP Parvesh Verma and others who are allegedly "engaged in criminal activities, including rioting and inciting hatred among classes under the IPC and the Damage of Public Property Act.
It has sought direction to the authorities to declare on their website the full list with names of persons that were detained by the police and paramilitary forces.
It sought to provide detained persons access to their family members and to legal counsel and also to preserve the evidence and CCTV footage of all cameras in and around the protest sites.
The plea said the authorities be directed to ensure the safety and protection of all the protest sites, especially women and children.