Thread by @LawBeatInd

Delhi High Court will today start hearing a batch of petitions demanding registration of first information reports (FIRs) against several politicians for their role in instigating the #DelhiRiots.

Sr. Adv. Colin Gonsalves for one of the petitioners: We have submitted a compilation.

#DelhiRiots

HC: There are prayers like provide food etc to affected families, ensure protection and safety of affected families of #DelhiRiots, these are not relevant anymore.

Gonsalves: So the idea is to focus on the prayers which are still relevant.
#DelhiRiots

HC: The people you want enquired or investigated into, have they been made parties?

HC: So Mr. Gonsalves, you're asking us to take action against persons who have not been made parties here?

Gonsalves and another heard murmuring: He's asking. "Yes."

HC: Can we proceed against these persons against whom you've made serious allegations without hearing them?

HC: If you make an allegation against an individual are they not entitled to a fair hearing? I'm asking in law. Have you moved in S.156(3) CrPC?

Gonsalves: In Lalita Kumari it has been said..

CGSC Amit Mahajan points out that S.156(3) application was filed in one of the matters by Brinda Karat. Trial Court had passed an order and it is now pending before a Single Judge.

#DelhiRiots

Gonsalves: It may not be necessary to implead, let me tell why. I'm only submitting evidence, telling police to take a look at it and come back on it.

Gonsalves: If they say they don't want to register an FIR, we will argue subsequently.

HC: In Sakiri Vasu, our understanding is that first is S.154(3) CrPC an FIR, then S.156(3) CrPC before a Magistrate and then A.226 in High Court.

HC: In your case you have come without S.156(3) CrPC application.

#DelhiRiots

HC: Come to your prayer clause. You are not only asking for registration of FIR but also arrest of persons.

HC: Can we pass such an order without hearing these persons?

HC: We also need to know, we asked you last time, are PILs maintainable in criminal matters? We are just trying to know the contours of law within which we can operate.

Gonsalves: Yes, so, there are two aspects. One is that these persons are victims, affected persons of riots, second is that where the investigating agency has abdicated its responsibility, we can proceed.

HC: Can we proceed where you are making serious allegations??

Gonsalves: If we can't proceed, we will make them parties.

HC: The question is what is the law?

Gonsalves: My Lords, getting into all this debate - we will just make them parties.

HC: The question is are they necessary parties? And can we direct an action with criminal consequences against those who are not before us? Who will defend them?

HC: If you were to say that riots took place and cognizable offences took place, just ask the police to investigate the offences, it would be different. But where you have named people, and asking for their arrest, can you do that without making them parties?

Adv Nupur Agarwal for another petitioner: My Lords I just want to highlight that we are not seeking registration of FIR in our plea but merely the following of guidelines.

HC: We are repeating that we may be given prayers separately, as to which ones are still live, which not.

HC: And which are maintainable in PIL jurisdiction under A.226.

Gonsalves: We do not have faith in @DelhiPolice in investigating the matters properly.

Gonsalves: We can show you so many orders of the Supreme Court that where it seems that the State police cannot investigate neutrally, an independent agency may be brought in. Further, where police itself is facing allegations a new agency may be brought in.

#DelhiRiots

Gonsalves: I'm saying @DelhiPolice was part of the #DelhiRiots, there are videos showing that the police called upon people to fire on the minority community.

Counsel for Delhi Police: These are not on record.

HC: Please, the ground rules from the last hearing will still apply. One at a time only.

HC: If this petition was merely asking for transfer of investigation, we would've looked at it differently. But it is not.

"You gentleman, are pulling in many different directions. This is the reason why PILs are discouraged in criminal matters."

Adv. Ajay Gautam: One 7 year old girl was found saying, "Hum Modi aur Shah ko maar ke rahenge."

HC: Do not sensationalize these proceedings, don't make it a platform for something else!

#DelhiRiots

HC: Have you filed a complaint with regard to these hate speeches?

Gautam: I've not made representations because @DelhiPolice has no jurisdiction to entertain these complaints. Only NIA and CBI do.

HC: Have you submitted the videos to Delhi Police? And they have not taken action? You say you've sent videos showing commission of cognizable offence to Police?

Gautam: Lordship, there are multiple agencies and organizations involved.

HC: What multiple agencies and organizations? No grandstanding please, just because you're appearing in person doesn't mean you can grandstand.

Gautam: Please let me complete my submissions.

HC: Alright make your submissions. Go ahead.

Gautam: The riots were funded by foreign agencies, minors and women were used as front shield. Please see the reply by Delhi Police. This is not me, it's admitted by Delhi Police.

Gautam: 23 roads were blocked.

HC: These are allegations which aren't for the Court to investigate. You're not invoking the IPC, which Penal Code should we invoke please tell us?

Gautam: These are not allegations these are proof. Under UAPA, NIA is the investigating agency.

HC: Has chargesheet been filed on offences alleged by you?

Gautam: Ye chargesheet ka hi part hai Lordship.

HC: Then what is the urgency? Chargesheet has been filed pursuant to an investigation by police.

Gautam's prayer says demands action against "anti-national forces".

HC: This is just a lot of rhetoric. On a lighter note, continuing to hear you, we may forget tenets of criminal law.

Gautam: This is a matter of national security.

HC: National security is the lookout of the government, not ours.

#DelhiRiots

HC: We are looking at hard cases here, specific ones. If you are looking at generalized prayers, then you may make representations to any other authorities.

HC: We will separate your petition from the others.

HC: Are there any other similar petitions?

HC is informed there is one by Lawyers Voice represented by Sr. Adv. Sonia Mathur.

Mathur informs Court that the prayers are different, her plea seeks constitution of an SIT.

HC: Mr. Gautam is saying there was an international conspiracy.

HC: Mr. Gautam the issues you are raising have nothing to do with the other petitions here, so we can separate it and hear it separately.

Gautam: Lordship, the Court may hear the petition with this batch.

Gautam: Lordship may hear me last but kindly hear me with this batch.

HC: Alright then, we will but kindly do not interrupt, we've not made any headway.

ASG Aman Lekhi joins to appear for UOI: The issue is that there is an assumption that the petitioners are victims. Kindly permit me to file what according to us are issues for consideration.

#DelhiRiots

HC: Mr. Solicitor, the first thing we needed on record was the consolidation of prayers, to see where there is an overlap, what prayers still survive, what is the scope of jurisdiction of this Court to grant or consider the grant of those prayers.

HC: We have a list consolidated by Mr. Gonsalves. You've said that we should stand on it till they are added as parties. What is your view on adding of proper and necessary parties?

Lekhi: Yes, My Lords, considering the peculiar facts of this case, there are SC cases.

HC: Mr. Gonsalves has fairly conceded to adding them and sought time to do so.

Lekhi: Regarding compensation to be paid, I need to bring on the facts as that would have a bearing. Secondly, demanding an ex-facie amount is a matter of policy.

HC: You are at liberty, there's no difficulty. You can place the relevant material on record.

Lekhi: Your Lordships may give me 4-5 days.

HC: Alright, take down.

#DelhiRiots

HC: You are at liberty, there's no difficulty. You can place the relevant material on record.

Lekhi: Your Lordships may give me 4-5 days.

HC: Alright, take down. Granted liberty, hearing adjourned.

#DelhiRiotsHC

Sr. Adv. Sonia Mathur seeks time for instructions on impleading parties.

HC: Alright, Ms. Mathur, but what is sauce for the goose is sauce for the gander.

Gautam seeks leave to not press prayer A.

HC: Leave granted. You are not being helpful here Mr. Gautam, you are seeking directions for identifying anti-India forces involved in the anti-India activities. How will we identify..

Justice Bhambhani: We will go door to door.

Justice Mridul: Atleast we have been able to get him to delete Prayer A.

Justice Bhambhani: Hurrah!

#DelhiRiots