Delhi Court defers order in Brinda Karat plea for hate speech FIR against Anurag Thakur, Parvesh Verma in view of Harsh Mander PIL

A Delhi Court today deferred pronouncing its order in the plea filed by Brinda Karat and KM Tiwari to register FIRs against BJP leaders Anurag Thakur and Parvesh Verma for hate speech in light of the pendency of a PIL on the issue before the Delhi High Court preferred by activist Harsh Mander.

The Court will now take up the matter on April 23, after the High Court hearing on April 13.

Counsel for Karat and Tiwari, Advocate Tara Narula, argued that the power of the Court under Code of Criminal Procedure was unfettered by the PIL jurisdiction of the High Court.

She further informed the Court that the applicants were not parties before the High Court proceedings.

Narula also apprised the Court that the fact that Section 156(3) proceedings were pending was pointed out to the High Court, and yet, no prohibitory order was passed.

The Court, however, noted that High Court's order passed on February 26 did not specify on record any such statements.

"The High Court is now seized of the matter", the Court, said as it decided to take up the matter after the High Court hearing on April 13.

The order was pronounced by Court of Additional Chief Metropolitan Magistrate Vishal Pahuja after it was reserved for orders on February 26.

In their application under Section 156(3) CrPC, Karat and Tiwari had sought a direction to the Parliament Street Police Station to register an FIR against Anurag Thakur and Parvesh Sahib Singh Verma for the commission of offences under Sections 153A/153B/295A/298/504/506 of the Indian Penal Code, 1860.

The applicants had stated that Anurag Thakur, during a rally in Rithala in Delhi, raised chants of “Desh ke gaddaro ko, goli maaro saalon ko” (Shoot the traitors) with reference to those taking part in peaceful protests against the Citizenship (Amendment) Act, 2019.

It was further stated that Parvesh Singh Sahib, on the other hand, gave an interview to ANI on January 28, wherein he could be seen making false, provocative and communal statements against the Shaheen Bagh protestors.

His statement was as follows:

“ye log gharon me ghusenge, aapki behen betiyon ko uthaenge aur unko rape karenge, unko marenge. Isliye aaj samay hai. Kal Modi Ji nahi aaenge bachane..kal Amit Shah nahi aaenge bachane.. [These people will enter your house and rape and kill your your sisters and daughters. Tomorrow (Prime Minister) Modi and (Home Minister) Amit Shah will not come to save you]”.

It is the applicants' case that these statements incited communal enimity and led to multiple incidents of violence.

The Court had then sought an Action Taken Report (ATR) from the Delhi Police.

The police had responded that prima facie, no cognizable offence was made out and the complainant had made a wrong presumption that the speeches by Thakur and Singh incited violence in areas near Jamia Millia Islamia.

The applicants were represented by Advocates Tara Narula, Adit Pujari, Nupur Aggarwal, Chaitanya Sundriyal and Aparajita Sinha.