Delhi Riots: Congress Leaders Sonia Gandhi, Rahul Gandhi Oppose PIL In Delhi High Court Over Alleged Hate Speeches

Congress Leaders Sonia Gandhi and Rahul Gandhi have opposed a public interest litigation seeking registration of FIR against them for alleged hate speeches given during the anti CAA-NRC protests which led to the 2020 Delhi riots.

The Congress leaders filed their replies before the Delhi High Court opposing a PIL filed by NGO Lawyers Voice which also sought constitution of an independent SIT to investigate the matter. The Court had earlier allowed the applications seeking impleadment of concerned political leaders.

Both the Congress leaders have told the Court that no allegations under Section 153B (Imputations, assertions prejudicial to national-integration) of the Indian Penal Code can be made against them and that they were selectively picked up, giving way a larger conspiracy behind the exercise.

"The acts have fallen on independent, non conformist sections and leaders of the opposition parties. Meanwhile, a series of speeches made by the members of the ruling party, which squarely fall within the gambit of the sections the petitioner seeks to invoke against the answering respondent, have been conveniently left out by the petitioner, revealing the coloured nature of the exercise," the replies read.

They contend that being major leaders of the opposition, they have a fundamental duty to the Country's citizens to call out and criticize the bills introduced by the ruling Government.

"To prevent a citizen from forming, holding, expressing a bonafide opinion in Public Interest on a bill passed by the Parliament is not a reasonable restriction and violates the basic principles on which our democracy is founded. To prevent a citizen from expressing a bonafide opinion against any bill or law passed by the government and putting it in the public domain to inform, generate a debate, build public opinion for reforms/change is violative of our right to free speech," the replies state.

Accordingly, both the Congress leaders have sought dismissal of the PIL.

The High Court is seized of a bunch of pleas seeking independent SIT investigation into the North East Delhi Riots of 2020. The pleas also seek registration of FIRs against politicians for alleged hate speeches and action to be taken against errant police officials.

One of the petitions filed by Jamiat Ulama-e-hind seeks 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.

In addition to the SIT, the petition also seeks a separate and 'especially empowered body' to enquire into all aspects of planning, preparation and causing of the riots.

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

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

In addition to these claims, the Petitioner 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.

The petition filed by Brinda Karat 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. 

In December last year, 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