'Adjournment unjustified': SC asks Delhi High Court to hear hate speeches plea on March 6

The top court has requested Delhi High Court to deal with the issue expeditiously and termed the long adjournment as unjustified.
A view of Supreme Court . (File | EPS)
A view of Supreme Court . (File | EPS)

NEW DELHI: The Supreme Court on Wednesday sent all matters pertaining to the Delhi violence to the Delhi High Court and listed them for a hearing on March 6.

A bench headed by Chief Justice of India (CJI) SA Bobde said all other connected matters in this regard which have been adjourned to a later date may be advanced and taken up along with this matter.

The top court has requested the Delhi High Court to deal with it expeditiously and termed the long adjournment as unjustified.

The bench also urged the High Court to explore the possibility of an amicable resolution of the dispute and said, "Peace is possible and we want some people to spread that message."

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The CJI also asked all parties to give the names of individuals who could assist in the case.

Though the Centre represented by Solicitor General Tushar Mehta opposed the apex court's move to transfer the cases to the high court, the bench made it clear that since the high court is already hearing the case, let the whole matter be heard there.

During the beginning of the hearing, Mehta cited transcripts of social activist Harsh Mander’s speech at Shaheen Bagh wherein he said that he doesn’t have trust in the top court and justice will be done only by coming out on the streets.

This led the bench to inquire from Mander’s counsel and senior advocate Karuna Nundy to explain the truth about the 'hate speeches.'

Nundy maintained that the speech was not given the way it was presented.

On this, the bench asked Tushar Mehta to give an affidavit on the allegations against Mander by 2 pm today and asked Nundy to file a response on the same. The court will now hear Mander’s plea on March 6.

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The bench made it clear that it will not hear Mander’s plea until and unless his role is clear in the case.

While hearing the other cases pertaining to the registration of FIRs against leaders like Kapil Mishra and Anurag Thakur, senior advocate Colin Gonsalves appearing for the riot victims told the bench that it is after their instigating speeches, violence in parts of Delhi have started.

"We also have experience in riots. Sometimes if you catch leaders and lock them up, the riots flare up," CJI said.

Solicitor General Mehta told the court, "It is fallacious to assume that one statement can lead to a riot."
He said this after Gonsalves told the court that it was after Kapil Mishra's speech that violence broke out in northeast Delhi.

On February 29, the Delhi High Court had given the Centre and AAP government four weeks to respond to the petition that wanted the police to register FIRs against hate speeches.

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