Delhi HC dismisses plea for hate speech FIR against BJP leaders
The HinduThe Delhi High Court on Monday dismissed a petition by CPI leaders Brinda Karat and K.M. Tiwari challenging the trial court's refusal to direct the registration of an FIR against Union Minister Anurag Thakur and his BJP colleague and MP Pravesh Verma for their alleged hate speeches concerning anti-CAA protest at Shaheen Bagh here. The high court said “The court cannot direct registration of FIR or investigation into an offence while exercising power under Section 156 of Code concerning offence where the sanction is required to be taken before a court can take cognizance,” “Once the investigating agency upon conducting its preliminary inquiry, has come to the conclusion that prima facie no cognizable offence is made out, the ACMM must apply its mind to direct the investigation or for registration of FIR. In its 66-page order, the high court noted that an “additional layer of scrutiny albeit discretionary” is provided under Section 196 of the Code by way of a sanction to avoid ordering an investigation into certain offences, including those concerning hate speeches, in a “routine manner.” “If such investigations are ordered in a routine manner for the offences under Section 295-A, 153-A, and Section 505, that would lead to a situation where thousands of FIRs would be registered to settle scores against political opponents across the country. The petitioners had assailed the trial court order before the high court on the ground that a cognisable offence is made out against the two leaders in the present case and an FIR should be lodged against them for their alleged hate speeches concerning the anti-CAA protest at Shaheen Bagh here and that they were only asking the police to investigate the matter.