Hate speech case advanced by Supreme Court of India .... Just because there is no violence, it doesn’t mean courts should give such long adjournments: Justice Bobde

CJI S.A. Bobde

TT, Legal Correspondent, 5.03.20, New Delhi: The Supreme Court on Wednesday asked Delhi High Court to advance to Friday its hearing of pleas that seek the registration of FIRs against politicians who had delivered hate speeches in the run-up to last week’s riots.

The decision to advance the hearing by more than a month came in the middle of a controversy over the transfer of a judge who headed the high court bench that dealt with the petitions on the hate speeches, including those by BJP leaders Kapil Mishra and Anurag Thakur.

On February 26, Justice S. Muralidhar had asked Delhi police to take a “conscious decision” on registering the FIRs by the next day. But on the night of February 26, the transfer of Justice Muralidhar was notified by the Narendra Modi government.

The next day, on February 27, another bench headed by Delhi High Court Chief Justice D.N. Patel adjourned the case till April 13.

On Wednesday in the Supreme Court, Chief Justice of India S.A. Bobde acknowledged that if there was frustration among some over the delay in hearing, it was justified.

“Their (petitioners’) prayer to hear the matter on time is justified…. We are not (commenting) on the merits of the case but the long adjournment is something that concerns us,” the bench of Justices Bobde, Bhushan Gavai and Surya Kant said.

“We aren’t saying the high court doesn’t have any reason but the period for which the hearing has been adjourned may not be good.”

Justice Bobde added: “Just because there is no violence, it doesn’t mean courts should give such long adjournments.”

The packed courtroom broke into laughter twice. First, when solicitor-general Tushar Mehta said there had been no rioting for the past 10 days, and later when Justice Bobde asked Colin Gonzalves, counsel for some of the petitioners, whether civil liberties advocate Prashant Bhushan could be appointed as an “independent person” to help bring peace to Delhi.

Mehta objected to any role for Bhushan but did not explain his reasons. Bhushan is a vocal critic of the government. Justice Bobde asked Gonzalves to suggest some other names but then went on to pass the order to the high court.

Mehta contended that riots cannot take place because of one or two speeches.

Several petitioners have demanded FIRs against BJP leaders Kapil Mishra, Anurag Thakur and Parvesh Verma while some have sought similar action against certain AAP leaders and MIM leader Asaduddin Owaisi.

Gonzalves said: “Some of these leaders like Mr Kapil Mishra raised provocative slogans and conducted marches.We did not understand the enormity of the statement then. Now such statements are being made across the country.”