August 30, 2020

Surprising and Disappointing Ruling on Hate Speech Case

CPI(M) Polit Bureau member, Brinda Karat issued a statement on August 27, on the dismissal of the hate speech  case against Anurag Thakur and Parvesh Verma, by the magistrate court. She termed the ruling as surprising and disappointing. She said, “We had filed a complaint  with Delhi police in January against the hate speeches made by BJP  leaders Anurag Thakur and Parvesh Verma and asked for filing of a FIR under relevant provisions including Sec 153 of the IPC. After the police refused to respond, we filed an application in the appropriate magistrate's court as per procedure.

“The court heard full arguments from our side as the complainants, as well as from the Delhi Police who argued that no cognizable offence was made out. Judgement was reserved but since others went to the High Court it was delayed. Now that HC asked magistrate to dispose of the application, at this stage to rule that prior sanction even to direct registration of a FIR is required under Section 196 of CrPC is most surprising. The police had not raised this objection. Why hear arguments on merits then? Why not hold this at the threshold in February?”

Brinda Karat said this is an unfair judicial process which has resulted in excusing those who make hate speeches even where there is prima facie evidence.