Delhi High Court Dismisses Riots, Jamia Pleas Seeking Independent Probes and FIRs

Synopsis

A batch of petitions filed for independent investigations into the 2020 North East Delhi riots and the 2019 violence at the Jamia Millia Islamia in the Delhi High Court was rejected on Monday. In the pleas, it had demanded FIRs against the politicians for hate speeches and against police officers. This order was issued by a division bench comprising Justice Vivek Chaudhary and Justice Manoj Jain, while the detailed judgment is yet to be issued. The riots batch was filed in 2020.

Two Batches, One Order

The Delhi High Court on Monday rejected a batch of petitions for a Special Investigation Team (SIT) or an independent investigation into the 2020 North East Delhi riots and violence at the Jamia Millia Islamia in 2019. A plea for FIRs against alleged ‘hate speeches' by politicians and for action against ‘erring’ police officers was also turned down by the division bench of Justices Vivek Chaudhary and Manoj Jain.

The Riots Petitions

One petition, in the name of Shaikh Mujtaba, had called for FIRs to be filed against BJP leaders Kapil Mishra, Anurag Thakur, Parvesh Verma and Abhay Verma for allegedly spewing hate speech and action against the miscreants among police officials.

The group 'Lawyers Voice' had called for action against alleged speeches made by leaders from all parties including Sonia Gandhi, Rahul Gandhi, Priyanka Gandhi Vadra, Manish Sisodia, Akbaruddin Owaisi, Harsh Mander and Umar Khalid. In the petitions, these claims have been made, but there has been no report of any court finding on these allegations.

CPI(M) politburo member Brinda Karat demanded an independent probe into the matter of alleged offences by police and Rapid Action Force personnel and all other state functionaries.

Advocate Ajay Gautam had demanded that the NIA investigate the funding of the anti-CAA protests and FIRs against the leaders of the protests such as Waris Pathan, Asaduddin Owaisi and Salman Khurshid.

The violence had begun on Feb. 23 and extended through Feb. 26, 2020. The Wire quoted a Delhi Police affidavit before the High Court, which included 53 killings. Delhi Police did everything in an impartial and fair way, Lok Sabha was informed. As Scroll reported, Minister of State for Home G. Kishan Reddy has termed the police action "proportionate and appropriate"

The Jamia Petitions

The second batch was related to December 2019 when students of Jamia were allegedly attacked by the Delhi Police on protest against CAA. In a complaint to the NHRC, one petitioner Nabila Hasan, a law student at the time, complained.

The Commission's report found there was an unlawful assembly consisting of protestors who had invited police action. CCTV footage from inside and outside the university along with footage from the New Friends Colony has been gathered and preserved, Delhi Police said. It disagreed with Ms. Hasan's plea to transfer the FIRs to an independent agency saying that it was a new cause of action.

Previously, in the 2020 affidavit before the Court, the Delhi Police had claimed that dissent had to be respected but "no person can be allowed to commit breach of law.

Long Road to a Decision

The issues went through many filings on their way to the courts. In December, 2021 the Supreme Court directed the High Court to expedite one of the petitions, preferably within three months. It had asked for early hearing of the Jamia issues on October 19, 2023.

What to Watch For

The reasoning is an open question. The detailed judgment will spell out whether the bench has decided on a merit or on maintainability of the petitions or the lack of thoroughness of the investigations they have already carried out.

It will also establish whether petitioner has any cause of action to pursue further remedies. It was not reported from the orders reviewed whether any party will oppose the order.