The Delhi High Court has dismissed several petitions seeking the registration of FIRs against political leaders in connection with the 2020 North-East Delhi riots and the violence at Jamia Millia Islamia in 2019. The petitions alleged that certain statements made by political leaders at different points had contributed to tensions and the subsequent violence.
The petitions sought legal action against several leaders, including Leader of Opposition Rahul Gandhi, former Union minister Anurag Thakur and other political figures. The petitioners argued that the alleged speeches should be investigated and that appropriate legal action should follow if criminal responsibility was established during the investigation.
One of the petitions was filed by Sheikh Mujtaba. It sought registration of FIRs against BJP leaders Kapil Mishra, Anurag Thakur, Parvesh Verma and Abhay Verma. The petition raised allegations concerning statements attributed to these leaders and sought an investigation into whether the statements amounted to criminal offences.
Another petition sought FIRs against Sonia Gandhi, Rahul Gandhi, Priyanka Gandhi and Aam Aadmi Party leader Manish Sisodia, among others. The petitioners also sought an independent investigation into the incidents and requested the constitution of a Special Investigation Team, or SIT.
The petitions also raised questions regarding the role of police personnel during the violence. Some of the pleas sought action against police officials allegedly found responsible for wrongdoing. The petitioners argued that the conduct of police personnel should also be independently examined.
The court, however, declined to accept these demands. A bench comprising Justice Vivek Chaudhary and Justice Manoj Jain dismissed the various petitions concerning the matter. The court also rejected the request for an independent SIT or investigation by another independent agency.
The petitions also dealt with the violence that took place at Jamia Millia Islamia in 2019. The petitioners had sought directions for an investigation by an independent agency or a specially constituted SIT. The court did not accept this request either.
The broader matter relates to two major incidents in Delhi: the violence around Jamia Millia Islamia in 2019 and the North-East Delhi riots of 2020. Both incidents resulted in multiple legal proceedings and continuing public debate over the circumstances surrounding the violence, police action and statements made by political leaders.
The petitioners argued that where a public statement allegedly violates criminal law, the authorities should examine the statement through a proper investigation. They also sought action against individuals who might be found legally responsible after such an investigation.
The petitions further questioned whether the existing investigative process was sufficient and sought an independent mechanism to examine the allegations. The demand for an SIT was presented as a means of conducting an impartial investigation into the allegations concerning political leaders and police personnel.
The High Court, however, dismissed the petitions and did not order the registration of FIRs against the political leaders named in the pleas on the basis of those petitions. It also declined to order the requested independent SIT investigation.
The 2020 North-East Delhi violence resulted in several criminal cases and investigations into different aspects of the incidents. Separately, the 2019 violence around Jamia Millia Islamia, which occurred during protests against the Citizenship Amendment Act, also became the subject of legal proceedings and public debate.
Following the High Court's decision, the specific requests made through these petitions for FIRs against the named political leaders and for an independent SIT investigation have not been accepted. Existing investigations or proceedings in other cases, if any, would remain separate from the outcome of these petitions.
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