Thread by @barandbench

Delhi Riots: Supreme Court begins hearing petitions concerning the Delhi riots of February 2020.

#SupremeCourt
#DelhiRiots

Solicitor General Tushar Mehta cites a video clip of Harsh Mander and says that Mander in this clip is seen to have "called on the people of India" and is allegedly is seen expressing no faith in the Courts and hear saying "real justice will be done on the streets"

SG Mehta says that the speech can be played in the Court.

CJI Bobde seeks for a transcript of the video.

The video clip pertains to an alleged speech delivered by Mander during an anti-CAA protest.

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#AntiCAAProtests
@harsh_mander

Counsel for Harsh Mander denies having said any of these things; says no notice on the same has issued to them.

Court says, "we want to clear this out, we will issue notice and till this is clarified, we will not hear you, we eill hear the other petitioners"

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SG Tushar Mehta talks about the Delhi HC order.

CJI SA Bobde: You said in HC the environment is not conducive to register FIR. Is the environment conducive today?

Mehta: From last 3 days no riots have taken place.

CJI Bobde: will you then register the FIRs today?

Mehta says that speeches have been made form both sides and the authorities cannot be selective in registering FIRs

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#DelhiRiots
#AntiCAAProtests

CJI Bobde says that the query from the Court came because the submission was made before the HC that the "environment was not conducive that day"; which is why the Court asked if the environment is conducive today.

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#DelhiRiots

CJI Bobde says, we understand that registration of an FIR does not prejudice the rights of any person

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Counsel of Harsh Mander seeks to make submissions, says he has not made the comments quoted by SG Mehta

CJI Bobde says, "if you have not said those things, then we would want to satisfy ourselves. Till then we will hear Mr. Gonsalves (for the riot survivors)

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Counsel for Mander seeks to bring Court's attention to the developments of "goli maaro saalo ko" slogans were chanted at Delhi's Rajiv Chowk Metro Station in the aftermath of similar speeches made by BJP leaders, one of whom is an MP.

Court says it would hear Mander after the matter about the speech is sorted; asks SG to give a copy of the petition and video to the Counsel for Mander.

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#DelhiRiots
@harsh_mander

SG Mehta takes the Court through the order passed by Bench headed by then CJI Ranjan Gogoi where Harsh Mander was removed as a petitioner in the case concerning conditions of detention centres in Assam after he had sought recusal of CJI Gogoi.

Mehta says Mander has "antecedents"

Court says it wants to sort the issue concerning Mander's speech and will hear Colin Gonsalves for riot survivors in the meantime.

Mehta says Gonsalves represented Mander in the High Court.

CJI Bobde says can't prevent Gonsalves from arguing because he represented Mander

CJI Bobde: We cannot refuse someone the right to argue because he represented or is guided by Harsh Mander.

Mehta: 'instigated' is the word, I would use

CJI Bobde: We are careful and responsible with the words we use

Court begins hearing Gonsalves who is representing ten survivors of the Delhi riots of February 2020.

Gonsalves takes the Court through the speeches made by political leaders and the subsequent development of when the riots broke out.

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#DelhiRiots

Gonsalves says, "These were not just hate speeches but we're coupled with mobilisation"

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#DelhiRiots

CJI Bobde asks Gonsalves what is the issue involved here, "you said that the Delhi HC has adjourned the matter unreasonably that is why we agreed to hear you"

SG Mehta: He even said everyday 10-12 people are dying, but that's factually incorrect.

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#DelhiRiots

SG Mehta tells the Court that 468 FIRs in relation to the riots have been registered till now but He (Gonsalves) wants registration big FIRs against specific three individuals.

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#DelhiRiots

SC asks Gonsalves to continue with his submissions.

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#DelhiRiots

Gonsalves reads out the order of the Delhi High Court passed on the first day of it hearing the case on Delhi riots.

CJI Bobde basks the Coram of the Bench.

SG Mehta says that that order should not have been passed "for reasons more than one", says he will not challenge it

Gonsalves continues with his submissions non need for arrest and FIRs.

CJI Bobde says, "Your statement that when you arrest somebody (pol leaders) it stops everything is not true. You know what happened in Bombay riots... When shakha pramukhs were arrested, it flared up"

Gonsalves continues, tells the Court of the hearing and order of the Delhi High Court when the case concerning Jamia violence was taken up, Gonsalves says the matter was adjourned for several weeks because Respondent authorities wanted to file a reply

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#Jamia

SG Tushar Mehta interjects, says he does not wish to recall what happened during the Jania hearing, elaborates that various Advocates broke out into chants of "Shame! Shame!" in open Court

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#DelhiRiots

Mehta says Advocates chanted "Shame" for the Court; Senior Advocates next day went to CJ of Delhi HC to seek initiation of contempt of proceedings.

"And I'm criticised for saying time is not conducive"

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#DelhiRiots

CJI Bobde observes, "Adjournment for such long time is unnecessary... We don't want to assume jurisdiction when HC is seized of the matter but such matters should not be delayed for so long"

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#DelhiRiots

CJI Bobde says that the Court may consider requesting the Chief Justice of Delhi High Court to take up the matter on Friday. In the meantime, CJI Bobde asks both Gonsalves and Mehta if both sides are ready to field leaders "who can bring about peace."

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#DelhiRiots

SG Mehta says that the CJ of Delhi HC may have had good reason to adjourn the matter; adds that the "it would be naive to assume that speeches by 2-3 individuals could lead to riots"

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#DelhiRiots

SG Mehta says that he wishes to file something before the HC on Monday and requests the SC not to direct the HC to hear the matter on Friday.

CJI Bobde: we are not directing, we are asking HC to list it on Friday

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#DelhiRiots

SG Mehta: HC will feel bound to hear it on Friday. They (petitioners) will pressurise the Court to hear it on Friday.

CJI Bobde: They will not pressurise. And if they do they may be justified in doing so since they were given such a long adjournment

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#DelhiRiots

#Breaking: #SupremeCourt orders for the matters pertaining to #DelhiRiots to be listed before the Court of Chief Justice of #DelhiHighCourt on Friday, March 6. SC says other connected matters that were adjourned may be advanced and taken up on the same day.

The matter concerning the alleged speech by Harsh Mander to be heard by the Supreme Court on Friday, March 6.

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#DelhiRiots

SC adds that the High Court may consider the possibility of peaceful resolution.

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#DelhiRiots

[Breaking] Delhi Riots: Supreme Court says long adjournment unjustified, asks Delhi HC to take up the matter on Friday, March 6
#DelhiGenocide2020
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Delhi Riots: Supreme Court of India seeks explanation from Harsh Mander for allegedly criticizing the institution in a speech
@harsh_mander #DelhiRiots2020 #DelhiRiots

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