The Delhi High Court on Friday asked petitioners pressing for FIRs against several political leaders over alleged hate speeches and seeking an independent SIT probe into the 2020 northeast Delhi riots why they had not approached the Supreme Court, which is already seized of a similar case.
A bench of Justices Vivek Chaudhary and Manoj Jain noted that since the apex court is already examining a petition based on the same material and seeking comparable reliefs, parallel proceedings may not be necessary.
The bench told the lawyers, “Would it not be advisable that you also go to the Supreme Court and make your submissions there? You all are seeking the same relief on the basis of the same material. Why should there be two hearings in the same matter? You can be impleaded there and argue your case. Why keep it pending here?”
During the hearing, prosecutor Rajat Nair, representing Delhi Police, said CPI(M) leader Brinda Karat’s petition — which sought similar directions — had been rejected by the magistrate under Section 156(3) CrPC, and the high court had also upheld the dismissal. The Supreme Court is currently examining the challenge to that order, he pointed out.
According to Nair, the reliefs sought in the present batch of petitions overlap entirely with the prayers pending before the top court.
Senior advocate Colin Gonsalves, appearing for petitioner Shaikh Mujtaba Farooq, argued that his plea seeks an independent SIT comprising officers from outside Delhi, a relief that can only be granted by a constitutional court. He maintained that the matter warrants a deeper probe independent of the local police.
The high court listed all connected petitions for further hearing on December 11.
Multiple petitions linked to the February 2020 communal riots — which claimed at least 53 lives and left about 700 injured — remain pending before the Delhi High Court. These include:
- Demands for FIRs against political leaders for alleged hate speeches, including BJP leaders Anurag Thakur, Kapil Mishra, Parvesh Verma and Abhay Verma.
- A PIL by Lawyers Voice seeking action against Congress leaders Sonia Gandhi, Rahul Gandhi, Priyanka Gandhi Vadra, and several others including Manish Sisodia, Amanatullah Khan, Akbaruddin Owaisi, Warris Pathan, Harsh Mander, Swara Bhasker, Umar Khalid, and former judge B G Kolse Patil.
- A plea by Ajay Gautam seeking an NIA probe under the UAPA to uncover “anti-national forces” allegedly behind the anti-CAA protests.
- A PIL by Jamiat Ulama-i-Hind asking for an independent SIT to investigate the riots.
Delhi Police informed the court that it had already constituted three SITs under the Crime Branch to probe the riots. It argued there is no evidence so far of police involvement or political instigation in the violence.
According to the police, the investigation suggests the unrest was not spontaneous but the result of a “well thought-out conspiracy to destabilise social harmony.”
Police have registered 757 FIRs, with investigation pending in 273 cases, while 250 cases are currently at trial, the court was told.
In December 2021, the Supreme Court had requested the Delhi High Court to decide, preferably within three months, a plea seeking FIRs against political leaders accused of delivering hate speeches before the riots. Several of those issues now remain before both the high court and the Supreme Court.
