NEW DELHI: The Delhi High Court on Friday set aside an order which had directed the lodging of an FIR against VHP leader Alok Kumar in a case of alleged hate of 2019, saying no evidence of communal disharmony had come on record.
The HC quashed the February 2020 order of a magisterial court which had directed that the FIR be lodged on the basis of a complaint and application filed under Section 156(3) CrPC against Kumar by activist Harsh Mander. It said the continuation of criminal proceedings against the petitioner would result in abuse of the process of law and miscarriage of justice and that FIR in such cases may rather ignite communal harmony among people.
“The magisterial courts have to remain vigilant and conscious that in cases such as present one, directing registration of FIR without going through the facts of the case and the report filed by the police may rather ignite communal disharmony among the residents of concerned area as no disharmony or communal riots had taken place despite the incident of vandalism of idols of Hindu gods and goddesses...,” Justice Swarana Kanta Sharma said, in a 73-page judgement.
The court noted that in 2019, the matter had been resolved amicably between the members of two communities and a separate case of vandalism already stood registered and accused persons were under trial. It noted that the members of one community, who were allegedly the target of purported hate speech, had collectively requested the police officials not to pay heed to any frivolous or malicious complaint filed regarding any alleged hate speech or danger of riots, as both the communities were living in perfect harmony within the same locality.
Kumar had sought to quash the trial court’s direction to lodge an FIR against him, saying the complaint was purely malicious and motivated, questioning his patriotism and injuring his reputation without any reason. The grievance of Mander relates to an incident of July 9, 2019, when a public meeting was organised by Vishwa Hindu Parishad at Lal Kuan, Hauz Qazi here, where one ‘swami’ from Kashi had
delivered a speech, alleged to be provocative.