'Accused, Victims Haven't Challenged Chargesheets But Outsiders Filing Petitions': Delhi High Court On Pleas Seeking SIT Probe Into 2020 Riots

The Delhi High Court on Thursday remarked that the accused and victims concerning the 2020 North-East Delhi riots have not challenged the chargesheets but it is the outsiders who had filed petitions seeking SIT investigation into the violence.

A division bench comprising Justice Vivek Chaudhary and Justice Manoj Jain was hearing a batch of petitions seeking independent SIT investigation into the 2020 North East Delhi riots, registration of FIRs against politicians for alleged hate speeches, and action against errant police officials.

The petitions were filed way back in 2020.

“Persons against whom the chargesheets have been filed have not come to the court saying that the investigation is bad and it be reinvestigated. Neither the victims have come. It is the outsiders who are coming and making such prayers,” the Bench remarked orally.

One of the petitions has been filed by Shaikh Mujtaba seeking registration of FIR against BJP leaders Kapil Mishra, Anurag Thakur, Parvesh Verma and Abhay Verma over alleged hate speeches which incited the riots and action against errant police personnel.

Appearing for Mujtaba, Senior Advocate Colin Gonsalves submitted that the alleged hate speeches resulted in the 2020 riots.

Submissions were also made by the counsel appearing for Jamiat Ulama-i-Hind, an organisation which is seeking an impartial investigation into the cases by a Special Investigation Team, headed by a retired Supreme Court or Delhi High Court judge. It is demanded that members of the Delhi Police shall be excluded from this SIT.

During the hearing, the Bench questioned the counsel as to how it can interfere with the investigation which has been concluded, chargesheets have been filed, trials have commenced and the chargesheet is not challenged in any court of law.

Advocate Kirti Uppal appeared for another petitioner- Lawyers Voice. The plea seeks action over alleged hate speeches by Congress leaders Sonia Gandhi, Rahul Gandhi, and Priyanka Gandhi Vadra, as well as former deputy chief minister Manish Sisodia, Aam Aadmi Party MLA Amanatullah Khan, AIMIM leader Akbaruddin Owaisi, former AIMIM MLA Warris Pathan, Mehmood Pracha, Harsh Mander, Mufti Mohammad Ismail, Swara Bhasker, Umar Khalid, former Bombay High Court judge BG Kolse Patil and others.

Uppal said that the concerned persons have said that they neither have faith in the judiciary nor in the Delhi Police.

Advocate Kirti Singh also made brief submission for another petitioner Brinda Karat.

The Court then listed the matter for Delhi Police's submissions on December 15.

Karat's plea seeks independent investigation into the complaints alleging acts, offences and atrocities by members of the police, RAF or state functionaries in relation to the riots.

Another petition is moved by Ajay Gautam. He has asked for National Investigation Agency to investigate the funding and sponsoring of protests against the Citizenship Amendment Act.

He had also claimed that the protests were allegedly funded by PFI, which as per him is an anti-national organization, and the same were supported by political parties such as Congress and Aam Aadmi Party.

In addition to these claims, he had also asked for FIR to be registered against political leaders such as Waris Pathan, Asaduddin Owaisi and Salman Khurshid, for allegedly making inflammatory and hate speeches.

In December 2021, the Supreme Court had asked the Delhi High Court to decide expeditiously, preferably within three month one of the petitions seeking FIR and investigation against politicians.

Case Title: Ajay Gautam v. GNCTD and other connected pleas