"Problem is lack of independence and professionalism", Supreme Court disposes of applications for directions in Delhi Riots

Justices Sanjay Kishan Kaul and KM Joseph
Justices Sanjay Kishan Kaul and KM Joseph
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The Supreme Court today disposed of the application seeking directions to file FIRs based on complaints related to the Delhi Riots.

Yesterday, the Court had agreed to hear the application along with the petitions related to the Shaheen Bagh protests.

At the outset, the Bench of Justices Sanjay Kishan Kaul and KM Joseph said that while the incidents of violence in Delhi are "unfortunate", the Court will not expand the scope of the case before it, which pertains specifically to the blocking of roads on account of the Shaheen Bagh protests.

Senior Counsel Colin Gonsalves informed the Court that the Delhi High Court has already passed certain orders and will take up the matter for hearing at 12.30 PM today.

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The Bench thus disposed of the application.

Reacting to Justice Kaul's description of the violence in Delhi as being "unfortunate", Solicitor General Tushar Mehta asked the Court not to use these words lest it "legitimises the violent incidents".

Justice Kaul replied that nobody can say that what has happened is not unfortunate.

Justice KM Joseph, added on, saying that his loyalty is to the institution and to the interest of the nation. He said,

"Problem is lack of independence and professionalism."

Justice KM Joseph

He added that the problem includes lack of action strictly in accordance with the law.

SG Mehta informed the Court that one constable has lost his life in the violence that ensued and one DCP was "brutally lynched" and remains critical. Justice Joseph said that it is disturbing that over 13 lives have been lost in the violence.

Commenting on the issue of non-implementation of the Supreme Court's judgment on police reforms in the Prakash Singh case, Justice Kaul said that the states' reluctance to do so was a grave problem.

Mehta responded by saying that the ground reality in which the police is functioning is not known to others.

Ultimately, taking note of the proceedings before the Delhi High Court, the Bench said that it is not inclined to expand the scope of the main matter involving the Shaheen Bagh protests.

SG Mehta prayed that the observations in this hearing not affect the proceedings before the High Court.

Yesterday, Chandra Shekhar Aazad, Wajahat Habibullah and Bahadul Abbas Naqvi, filed an application for directions to the Delhi Police to register FIRs based on complaints filed pertaining to the violence that began on February 23.

The applicants had also prayed for adequate protection to be granted to the protesters in Shaheen Bagh, in view of concerns that they are being threatened with similar violence.

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In particular, the applicants referred to a tweet posted by BJP leader Kapil Mishra, in which he gave a "three-day ultimatum" to the Delhi Police to clear protests ongoing against the Citizenship Amendment Act, 2019 (CAA) in Jaffrabad and Chandbagh.

[Read Order]

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Amit Sahni vs Commissioner of Police (Shaheen Bagh) - 26.02.2020.pdf
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