CJI: SC wishes for peace but is aware of its limitations
Though the riots, which began on February 23, have ebbed since February 26, there is uncertainty in the Capital, highlighted by fears in various parts of the city on March 1 stokes by rumours of the violence rekindling.
There is tremendous pressure on courts to step in to prevent violence but the power of courts in such cases is limited and they are not equipped to prevent riots, Chief Justice of India (CJI) SA Bobde said in open court on Monday, while hearing a plea by 10 victims of Delhi riots who were seeking that the Army be called in to stop the violence and that cases be registered for alleged hate speech against four Bharatiya Janata Party (BJP) leaders.
Though the riots, which began on February 23, have ebbed since February 26, there is uncertainty in the Capital, highlighted by fears in various parts of the city on March 1 stokes by rumours of the violence rekindling.
Courts and judges desire peace, but they can step in only after such incidents have happened, CJI Bobde said when senior counsel Colin Gonsalves mentioned the matter on behalf of the petitioners for an urgent listing, citing more loss of life every day.
“We don’t want people to die… We want peace. But you must understand, we are not equipped to prevent such things from happening. We can only come into scene after such riots have happened. Court can never prevent such things. We read newspapers. There is so much pressure on us. But we cannot prevent such things,” Bobde said.
The CJI, however, agreed to hear the case on Wednesday.
Clashes between Hindu and Muslim groups in several neighbourhoods of north-east Delhi left at least 47 people dead. Protests against the Citizenship (Amendment) Act, or CAA, by largely Muslim groups, and in favour of the legislation by Hindu groups, erupted in violence.
The plea in Supreme Court sought registration of FIRs against BJP leaders Anurag Thakur, Kapil Mishra, Parvesh Verma and Abhay Verma under various provisions of the Indian Penal Code, including for offences of hate speech, rioting, unlawful assembly, insulting religious beliefs, and murder.
The petitioners alleged that videos involving the four BJP leaders went viral on social media, and that they were seen exhorting their followers as well as the general population to kill those protesting against CAA.
“…the said persons also took part in demonstrations where the slogan ‘desh ke gaddaron ko, goli maaro saalo ko’ (shoot the traitors) was repeated again and again. After these leaders engaged in the hate speech and exhortation to murder peaceful protestors, attacks broke out all across Delhi. Therefore this was not simply a case of hate speech but it was hate speech coupled with mobilisation so that people were killed,” the plea stated.
Gonsalves underscored the necessity to register FIRs immediately since nearly 10 people were dying every day.
“The urgency is that 5 or 6 personalities are going around encouraging it,” Gonsalves said.
He also said that activist Harsh Mander filed a similar petition before the Delhi high court but that was adjourned for more than a month. A bench of the Delhi high court, of Chief Justice DN Patel and justice C Hari Shankar, last week have Delhi Police four weeks to respond to petition that alleged that hate speeches by some political leaders had incited the protestors, leading to the riots in the Capital.
“Though that order of adjournment looks innocuous, the following circumstances set out will show how arbitrary the order was, particularly in the factual context of 10 persons being killed every day in Delhi...,” the plea stated. The petitioners sought an SIT comprising officers from outside Delhi to conduct an independent probe into the incident. Further, the petitioners prayed for an enquiry by a retired judge to identify and take action against police officials involved in rioting and criminal conduct. The petitioners also sought directions to ensure the safety of those who are protesting at various sites against CAA and to provide compensation to the families of those who have been killed or injured.
The Supreme Court had, on February 26, pulled up Delhi Police for their inaction and lack of professionalism in containing the violence in Delhi.