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Can’t have repeat of ’84, says HC as riots kill 27

Delhi court asks why FIRs not filed against BJP leaders for hate speeches, but appreciates prompt evacuation by police

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Tribune News Service

New Delhi, February 26

Cautioning the police authorities to remain alert to ensure that the carnage caused during the 1984 anti-Sikh riots was not repeated, the Delhi High Court on Wednesday wondered why the police didn’t register FIRs against BJP leaders for making inflammatory speeches.


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Bench headed by Justice S Muralidhar

How many more lives have to be lost, how many properties have to be destroyed?... Just register an FIR, communicate it to your Commissioner of Police. This is the anguish of a constitutional court.

“We want peace to prevail. We do not want the city to witness another 1984 riots. This city has seen enough violence and anguish. Let it not repeat 1984,” a Bench headed by Justice S Muralidhar said.

Around 3,000 people, mostly Sikhs, had died in the riots in the Capital in the aftermath of assassination of the then Prime Minister Indira Gandhi on October 31, 1984.

“Take a conscious decision with respect to the registration of FIRs and report back tomorrow,” said a Bench headed by Justice S Muralidhar as it posted activist Harsh Mader’s petition for hearing on Thursday.

The matter is likely to come up for hearing before a Bench headed by Delhi High Court Chief Justice DN Patel on Thursday.

During the hearing, the video clips of alleged hate speeches of BJP leaders, including that of Kapil Mishra, were played in the court and the Bench repeatedly asked Solicitor General Tushar Mishra to explain why no FIRs were registered against them. Leaders of the BJP against whom FIRs have been demanded also included Union Minister Anurag Thakur, Abhay Verma and Parvesh Verma.

“Are you saying even the Police Commissioner has not seen the videos? This is too serious a matter. I am amazed at the state of affairs”, the Bench said. Solicitor General Tushar Mehta requested the court to await the response of the authorities.

“What to do, when to do, if you do — is being considered. We may aggravate the situation. It is advisable not to respond to such a prayer immediately,” Mehta said terming the allegations selective. “How many more lives have to be lost, how many property have to be destroyed?” asked Justice Muralidhar even as Mehta insisted that it will be registered when situation was conducive.

“Just register an FIR, communicate it to your Commissioner of Police. This is the anguish of a constitutional court,” the Bench said as it wondered why police were not acting fast enough in registering FIRs against the BJP leaders.

“This city has seen enough violence. Let’s not repeat 1984,” Justice Muralidhar said as senior counsel Colin Gonsalves, representing the petitioner, demanded immediate registration of FIRs against the BJP leaders. During the hearing, Delhi Government counsel Rahul Mehra supported the registration of FIRs against the BJP leaders. Earlier, the court held a midnight hearing during which it issued certain directions to the police to rescue those in need of help.

The Bench, however, lauded the police for promptly evacuating the injured from the area hit by communal riots over CAA. It appointed advocate Zubeda Begum as amicus curiae to coordinate between the victims and various agencies. Later in the day, transfer of Justice S Muralidhar to Punjab and Haryana High Court was notified, as recommended by the SC Collegium around a week ago.

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