#DelhiHighCourt will today hear a batch of petition seeking SIT investigation in North-east Delhi riots of 2020 and registration of FIRs against politician who allegedly instigated the violence. #DelhiRiots
On the last occasion, the court had issued notice to several politicians including union minister Anurag Thakur, congress leader Rahul Gandhi and several others. barandbench.com/news/litigatio…
The petitions will be heard by a bench of Justices Siddharth Mridul and Rajnish Bhatnagar. #DelhiHighCourt#DelhiRiots
Counsel for petitioner informs that notices were issued to the politicians on the last occasion. #DelhiHighCourt#DelhiRiots
Counsel: We served notices on them but the address has been vacated but we have served all of them.
J Mridul: We don't see Mr Colin Gonsalves. What do you want us to do today? You want us to constituted an SIT? Are you going to address us today?
Counsel asks for a pass-over.
Bench: How many matters are we going to pass over?
Counsel asks for a short date.
J Mridul: This is the matter where the SC has, on your insistence, asked us to dispose the matter quickly yet you have not filed a process fee. How are we going to do it?
J Mridul: You want to implead certain individuals but you are yet to file the process fee. #DelhiHighCourt#DelhiRiots
Advocate Amit Mahajan appears for Centre and informs that one of the petitioners (Brinda Karat) has already filed a petition before the lower court.
Mahajan: She has moved before the court under 156(3) CrPC.
J Mridul: You don't file process fee. That is basic. How are notices going to be issued?
Counsel: The petition in which I am appearing, this court has found an ex-facie case of hate speech.
J Mridul: Whatever may have found, we are at a stage where we need to hear them but unfortunately they are not here.
J Mridul: What about the other application? The lawyers' voice?
Lawyers' voice petition seeks registration of FIR against Rahul Gandhi, Arvind Kejriwal and several other opposition politicians.
Advocate Satya Ranjan Swain appears and says they are seeking some clarification in previous order.
J Mridul: Just keep pointing fingers.
Swain: Please give us two days' time.
J Mridul: No one is giving us any appearance. Tell us who is appearing in which matter?
J Mridul dictates order:
(On Colin Gonsalves' application) Issue notice to proposes respondents by dasti and through all permissible means.
(On lawyers' voice application)
J Mridul: Who are all these people?
J Bhatnagar: You say you don't have their address. If you don't have their address delete them. #DelhiHighCourt#DelhiRiots
J Mridul: There does not seem to be any solemnity attached to these petitions.
Order:
Notices could not be issued to proposed respondents owing to the circumstance that the petitioner did not file the process fee. In addition it is observed from the memo of parties that the petitioner has not provided any address qua proposed respondent 15-23.
J Mridul asks if one of the respondents is a retired judge?
He is retired judge and you can't find his address.
Swain appears in person.
Swain: The proposed accused...
J Mridul: They are not accused at this time. They are proposed respondents. How do you propose to serve them?
J Mridul: You say you have served them advance copy how did you do that?
Swain: Through e-mail. I can't find their address.
J Mridul: Then file an amended memo of parties and drop them. You will drop 15-23?
J Mridul continues with order.
Order: In view of the foregoing, the petitioner says they will take necessary steps within two days from today. They will also furnish addresses qua proposed respondents 15-23. Let fresh notice be issued to these respondents.
Bench asks Swain to drop the respondents 15-23 if he cannot find the addresses.
Advocate June Chaudhary says her petition seeks SIT inquiry has nothing to do with the hate speeches.
Chaudhary: My main prayer is an SIT and independent inquiry.
J Mridul: That begs the question why can't you point this to the trial court?
Chaudhary: I would like to argue on merits on the next date. A fact-finding commission was appointed. It went to riot affected areas. I am making allegations against the investigating agencies.
Chaudhary: The committee was by Delhi government. It has given a very detailed report. It was a fact-finding commission.
J Mridul: Is the Delhi government a party? Why doesn't anybody appear for them?
Chaudhary: The union of India has not given a reply. Only reply has come from Delhi Police.
J Mridul: Okay, we will hear all these matters together.
J Mridul asks all the counsels to appear physically on the next date.
J Mridul: It is impossible for us to hear the matter like this.
Hearing over. #DelhiHighCourt#DelhiRiots
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