Thread by @VakashaS

At Delhi High Court, where bench of Justices Muralidhar & Talwant Singh are to hear the petition filed by @harsh_mander for an SIT into #DelhiRiots , compensation for victims & FIRs against BJP leaders for incitement.
@TheQuint

SC proceedings details:

https://twitter.com/VakashaS/status/1232531107339325440?s=19

You can find details about the petition in the article below. Senior advocate Colin Gonsalves had mentioned it in the morning before Justice Muralidhar's court, who agreed to hear it at 12:30.

Judges have arrived.
@TheQuint

thequint.com/news/law/delhi…

Justice Muralidhar records his appreciation for the prompt action by the @DelhiPolice last night in ensuring ambulance services were able to reach North East Delhi.

Solicitor General Tushar Mehta is here to represent the Delhi govt, instructed by the L-G.
@TheQuint

Delhi Govt standing counsel Rahul Mehra objects to Mehta being here for Delhi govt. Says L-G has to act on aid & advice of council of ministers for such things as per SC's judgment in Delhi vs Centre case.

Mehta says this is not a public really but a courtroom.

@TheQuint

Mehta says Union of India also a party to this, so he should be required to argue.

Justice Muralidhar allows him to continue.
#DelhiRiots

@TheQuint

Mehmood Pracha says the matter was 'referred' by apex court here. Mehta objects, says this is exactly why he had wanted SC to say its observations couldn't be used in other judicial proceedings.

Mehta now explains what case before SC was, how it's different from this.
@TheQuint

Mehta says the @harsh_mander petition was listed before a different bench for today.

That bench is not sitting, so he says the matter should be heard tomorrow.
#DelhiViolence
@TheQuint

Justice Muralidhar says that the other bench is not being able to sit, his bench is only taking up this one matter as it was listed as urgent, and it has now been officially listed before him and Justice Talwant Singh.

@TheQuint

It is clarified that Union of India is not a party to the case.

So Mehta is here for Commissioner & Deputy Commissioner of @DelhiPolice , at the instructions of the Lieutenant-Governor.

Mehta asks for Union of India to be impleaded.
@TheQuint

Mehta says the prayers made in @harsh_mander 's petition are not urgent, particularly the first prayer for registration of an FIR against BJP leaders Kapil Mishra, Anurag Thakur and Parvesh Verma.

@TheQuint

Justice Muralidhar says they'll take the Delhi vs Centre issue up later.

Asks Mehta to explain, "as a law officer", why the prayer for registration of an FIR is not urgent.

Mehta keeps trying to convince the judges to let him take instructions and argue tomorrow.
@TheQuint

Justice Muralidhar insists Mehta has to answer, asks if he's seen the three videos, including Kapil Mishra's speech at Jaffrabad.

Mehta says he hasn't seen any of the videos. DCP (Legal) for police here, says he has perhaps seen the Thakur &Verma ones, not Mishra's.

@TheQuint

Justice Muralidhar is incredulous that the police officers haven't seen the video yet.
"I am amazed at state of affairs in the @DelhiPolice ", he says.

He has the video played on a computer in court for the police officer & Mehta to view.
@TheQuint

The DCP (Legal) confirms that the police officer with Kapil Mishra in the video is DCP (North East).

Mehta tries to joke that the last part of the video, where Mishra says Bharat Mata Ki Jai, is not a cognisable offence.

He requests some time to respond.
#DelhiRiots @TheQuint

Justice Muralidhar gives him till 2:30 pm today to sit with the Commissioner of Police and advise them on the videos, perhaps see the other two videos as well, then come back to court.

Court rises.

#DelhiRiots @TheQuint

AMBULANCE ASSISTANCE CASE:

Justice Muralidhar is sitting for a follow up hearing on the Rahul Roy petition, on the basis of which the Delhi HC had passed a late night order directing the @DelhiPolice to ensure ambulances were able to reach hospitals in NE Delhi.

@TheQuint

Justice Muralidhar says he wants to place on record his appreciation for how swiftly the @DelhiPolice ensured ambulances were able to go to affected areas and hospitals late in the night.

#DelhiRiots @TheQuint

The court is saying it's inclined to appoint an amicus to help with advising them and the authorities about what needs to be done to ensure medical treatment is provided to those affected by the #DelhiViolence .

@TheQuint

Justice Muralidhar says all injured police personnel should be treated with utmost urgency.

Says families of all deceased persons must be reached out to, and that attempts had to be made to restore people's sense of safety in their homes.
#DelhiRiots
@TheQuint

Rahul Mehra, standing counsel for Delhi Govt has said appointment of an amicus would help in confidence building measures.

Justice Muralidhar urges SG to speak to high level functionaries to meet people on the ground to defuse tensions and reassure them.
#DelhiRiots
@TheQuint

"We can't have another 1984 in Delhi, not under the watch of this court", Justice Muralidhar says.

Zubeida Begum is suggested as the amicus curiae, approved of by all the lawyers present.
#DelhiRiots
@TheQuint

In addition to directions for hospitals and police to ensure their safety, the court also agrees to a request from petitioners from activists for a duty magistrate to be appointed for the night for a week, so people can easily reach out to the courts.
#DelhiViolence

@TheQuint

With Delhi govt's concurrence, Judges also direct that more helplines and responders are put in place to respond to requests for help from emergency services. Court was informed that even though calls are picked up, responders are stretched, can't get everywhere fast.

@TheQuint

High Court also passes directions for displaced persons to have access to all facilities needed, including water, sanitation, good, etc.

@TheQuint

The high court clarifies that the special night magistrates are to be designated at courts across the city for 2 weeks, not just one.

#DelhiRiots
@TheQuint

Advocate Zubeida Begum has been officially appointed as the amicus curiae, to help with coordinating efforts and peace building measures. She can requisition staff from the Official Secretary's office.

#DelhiRiots
@TheQuint

The court has also asked the head of the Institute of Human Behaviour and Allied Sciences to ensure psychologists and experts are made available to extend counselling to those affected by the violence.
#DelhiViolence
@TheQuint

AMBULANCE/EMERGENCY SERVICES case has now been adjourned till Friday, 28 February.

Was heard by Justices Muralidhar and Anup Bhambhani.

Court rises, Justice Muralidhar to return for the @harsh_mander petition again.

#DelhiViolence
@TheQuint

HARSH MANDER PETITION ON FIRs AGAINST KAPIL MISHRA ETC + SIT

Justices Muralidhar and Talwant Singh return.

Solicitor General Tushar Mehta addresses the bench after seeing the videos by Kapil Mishra, Parvesh Verma and Anurag Thakur.

#DelhiViolence
@TheQuint

Mehta says time needs to be taken to decide whether a cognisance offence has been committed by the persons making the statements. Says there are provocative statements by people from all sides.
#DelhiViolence
@TheQuint

Mehta says that if FIRs registered or arrests made of people, could lead to "aggravation" of the situation, said there was no need for any urgent registering of an FIR against Kapil Mishra, Parvesh Verma and Anurag Thakur over their speeches.
#DelhiViolence
@TheQuint

Rahul Mehra, standing counsel for Delhi Govt, disagrees. Reiterates that Delhi Council of Ministers had not issued any instructions for S-G to appear here.

Mehra says FIR can be registered, and then can be cancelled if offence can't be proved.
#DelhiViolence
@TheQuint

Now Colin Gonsalves asked to present his arguments on behalf of @harsh_mander .

He takes the court through Anurag Thakur's speech where he led the crowd with the "Desh ke gaddaron ko, goli maaron saalon ko" slogan.
#DelhiViolence
@TheQuint

The video is played in court.

Gonsalves says that this slogan has become widely used to intimidate people, he and @harsh_mander have seen how much fear it has created among those they've spoken to.

#DelhiViolence
@TheQuint

MP Parvesh Verma's comments about #ShaheenBagh , Abhay Verma (newly elected MLA)'s provocative statements in Laxmi Nagar, also presented to the court.
#DelhiViolence
@TheQuint

A random lawyer tries to intervene, says Waris Pathan and Asaduddin Owaisi have also said inflammatory remarks.

Justice Muralidhar tells him not to interrupt the court, that his submissions can be taken on record if required.

#DelhiViolence
@TheQuint

Tushar Mehta says this is why he thinks court shouldn't get into the registration of FIRs, or arrests, or anything of this sort.

#DelhiViolence
@TheQuint

Colin Gonsalves says the comments made on videos should be considered incitement to commit murder (Section 302 IPC)

In any event, they clearly fall within the framework of Sections 153A, and 295, 295A of the IPC (inciting hated between communities).

#DelhiViolence
@TheQuint

Justice Muralidhar says all provisions don't need to be decided immediately, question is whether the Lalitha Kumari decision of Supreme Court applies here, requiring registration of an FIR by the @DelhiPolice
#DelhiViolence
@TheQuint

Gonsalves reads from judgment, which says that if police receive information which discloses a cognisable offence, then they have to register an FIR - cannot delay by saying they need to first undertake a preliminary inquiry. indiankanoon.org/doc/10239019/

#DelhiViolence
@TheQuint

As speeches in the videos attract the offences listed above - which are cognisable - Gonsalves says FIRs should be registered against these leaders.

He says a message needs to be sent that no matter how high a politician you are, you can't get away with hate speech.
@TheQuint

Justice Muralidhar says that in light of the orders already passed by Delhi HC in the ambulance/emergency services case earlier in the afternoon, they don't need to get into the other prayers in @harsh_mander 's petition, including deployment of army.
#DelhiViolence
@TheQuint

Solicitor General Tushar Mehta once again insists that there is no need to file an FIR urgently for these 3 cases.

Says petitioners haven't shown why they only selected these three speeches, says there are many other inflammatory speeches.

#DelhiViolence
@TheQuint

Justice Muralidhar says what Mehta says shows the @DelhiPolice in even worse light, if apart from these three speeches, they haven't taken action about the other speeches either despite knowing they disclose cognisable offences.
#DelhiViolence
@TheQuint

Mehta says that police will register the FIR at an 'appropriate stage'.

"What is the appropriate stage? After the city has burnt?", Justice Muralidhar asks, before adding that "As a constitutional court, we cannot be blind."

#DelhiViolence
@TheQuint

"How many more lives must be lost?" asks Justice Muralidhar. Mehta says there should be no sensationalism, to which Justice Muralidhar replied that the loss of life was a fact.

Mehta says police are looking into matters, can register FIR when situation is conducive.
@TheQuint

"If you fail to take action, that conducive situation will not emerge," says Justice Muralidhar.

He says the court is not demonstrating anger but anguish. Mehta says he has nothing more to say. Judges ask the senior police officer present to answer some questions.
@TheQuint

Police officer explains what happened at Jaffrabad with Kapil Mishra's speech.
Judges ask him about slogans raised in the politicians' speeches, how they've been repeated.
Police officer says not just now, slogans have been used for some time now after the speeches
@TheQuint

Judges say that indicates even further need for urgency.

They ask the police officer what the consequences are of failing to register an FIR.

Special CP India court that 11 FIRs registered re #DelhiViolence . Judges say this shows need to register FIR swiftly.
@TheQuint

Solicitor General Tushar Mehta instructed to discuss with the police what to do about these three videos and any other videos as well that disclose cognisable offences, as per the Lalitha Kumari judgment.

#DelhiViolence
@TheQuint

PETITION FOR REGISTRATION OF FIR AGAINST KAPIL MISHRA, ANURAG THAKUR, etc UPDATE:

Matter to be taken up tomorrow, Thursday, 27 February at 2:15 pm.

#DelhiViolence
@TheQuint

Solicitor General Tushar Mehta asked the court to consider impleadment of Union of India. Judges say regardless of whether they do that, Solicitor General Tushar Mehta is directed to assist the court.

Court rises.
#DelhiViolence
@TheQuint