NEW DELHI: The Delhi High Court on Tuesday said that the petition seeking a probe by the National Investigation Agency (NIA) to find out the "anti-national forces" behind the protests against the Citizenship Amendment Act in the city in 2020 was "a lot of rhetoric" with no substantial prayers.
A bench of Justices Siddharth Mridul and Anup J Bhambhani stated that the high court was a serious platform that cannot decide general grievances concerning national security and certain prayers in the petition were not relevant anymore.
"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.
"We have to look at hard criminality. We are sitting here in a serious roster. If you have grievances in general nature about national security and this and that, you are free to agitate it before whatever forum but I don't think we can help you here," the bench further 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.
The petition also wants an investigation into the role of the People's Front of India (PFI) which is allegedly "funding, motivating and supporting the protests" and the arrest of miscreants who are involved in the killing of citizens and damaging property.
"First we have to give a finding who the 'miscreants' are. All of this is happening in a PIL. We have to determine who the 'miscreants' are. 'Issue directions to respondents for identifying anti-India forces...' where do we go looking for anti-India forces?," Justice Bhambhai asked.
"We go door-to-door, brother. That's what we are here for. We go door-to-door," said Justice Mridul.
Gautam asserted that the investigation into the riots of 2020 should be transferred to the NIA as there was evidence to prove to the anti-CAA protestors were receiving overseas funding.
He claimed that Delhi became a hostage and urged the court not to segregate his petition from the batch concerning the riots of 2020.
The court asked the petitioner to not grandstand or sensationalise the proceeding and asked if he has approached the magisterial court under the Criminal Procedure Code for directions concerning the investigation.
Why don't you go to the magistrate...the question is, what you are asking for, prima facie cannot be granted...(but) we'll hear you," the court said.
Lawyer Rajat Nair, appearing for Delhi Police, said that the agency is already probing a case under the UAPA and he would take instructions on which aspects raised in the petition survived at this stage.
The petitioner said that he will not press his prayer for identifying and opening roads that were illegally blocked by so-called agitators/protesters.
The petitioner has also sought registration of a case against those who were allegedly provoking citizens against CAA, including Congress leader Salman Khurshid and AIMIM leaders Waris Pathan and Asaduddin Owaisi.
The petition has further sought directions to the authorities to depute appropriate force in northeast Delhi, where violence has claimed 43 lives and injured over 250, to save life and property of the citizens and to control the situation there.
Gautam, in his plea, has contended that "it is not a normal protest" and "anti-national and anti-Hindu forces are behind these protests and some vested interests/ parties/countries are funding these protesters".
He has contended that the protests were a "planned conspiracy against the state".
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.
Earlier, while asking the parties to collate the issues raised in the batch of petitions, the court had noted that the Supreme Court, in an order of December 17, 2021, has requested it to dispose of expeditiously, preferably within three months, a plea seeking registration of FIR against some politicians for their alleged hate speeches which purportedly led to the riots in north-east Delhi last year.
The matter would be heard next on February 16.