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Petitioner Mander put in dock over speech at Jamia
New Delhi: It was supposed to be a hearing of petitions, including one by activist Harsh Mander filed in the backdrop of the Delhi riots seeking registration of
New Delhi: It was supposed to be a hearing of petitions, including one by activist Harsh Mander filed in the backdrop of the Delhi riots seeking registration of first information reports (FIRs) against Bharatiya Janata Party (BJP) leaders for alleged hate speech that may have instigated the communal violence.
Instead, the focus of the Supreme Court turned to a December speech made by Mander in which he spoke about the court.
According to some reports, one of the judges on the bench, justice BR Gavai, first mentioned the speech. This was picked up by the government’s second senior-most law officer, solicitor general Tushar Mehta, who alleged that Mander had made derogatory remarks against the top court at a rally against the Citizenship (Amendment) Act, or CAA, at Jamia Milia Islamia.
Mehta, appearing for Delhi Police, said he had a transcript of the speech . According to him, Mander allegedly said he did not have faith in the apex court and that it did not safeguard “humanity, secularism and equality” in the cases relating to the National Register of Citizens (NRC), Ayodhya, and Kashmir. He added that Mander also said “ultimate justice” could only be received on the streets.
“If this is what you feel about the court, then we have to decide what to do with you”, Chief Justice of India (CJI) SA Bobde, heading the bench, remarked.
The bench even refused to hear Mander’s plea.
It noted that the allegations against Mander were serious and directed Mehta to submit the transcript of the speech made by Mander on affidavit. Mander’s lawyer, advocate Karuna Nundy, denied the allegations. She asked for a copy of the transcript. The court gave Mander the liberty to file his response to the allegations made by the solicitor general.
Mander approached the Supreme Court challenging the February 27 order of the Delhi high court adjourning his plea relating to the Delhi riots for hearing on April 13.
Mander, in his petition before the high 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.
Besides Mander, 10 people affected in the Delhi riots also approached the Supreme Court seeking similar relief.
Senior counsel Colin Gonsalves who had appeared for Mander in the high court, appeared for the 10 riot victims before the Supreme Court. Mehta urged the court to take note of this, alleging that the petitions by the riots victims in the Supreme Court were also filed at the behest of Mander.
“He (Gonsalves) is now appearing for different petitioners but raising the same issue and with same prayers”, Mehta said.
Pursuant to the order of the apex court, Delhi Police submitted an affidavit before the Supreme Court on Wednesday evening seeking initiation of contempt of court proceedings against Mander.
Mander is known for taking a contemptuous stand and bringing the judiciary as an institution and individual judges to disrepute, Delhi Police said.
“It is, therefore, submitted that the petition filed by Sh. Harsh Mander may kindly be dismissed with exemplary costs and proceedings of contempt of court be initiated against him,” the affidavit added.
