Hate-speech case: CJI slams petitioner Harsh Mander for decrying SC
Fuming at petitioner Harsh Mander, who wanted FIRs against politicians who indulged in hate speech, the Supreme Court on Wednesday said it will first take up the matter where he allegedly made derogatory remarks against the top court. Mander approached the apex court against politicians saying their inflammatory words sparked riots in Delhi last week, but a video increased his woes. Here's what happened.
Delhi witnessed unprecedented scenes, Mander wanted action against politicians
The riots in Northeast Delhi sparked after a protest against the Citizenship Amendment Act (CAA) turned violent. Over 45 people died in the carnage. While Delhi Police scrambled to curtail the violence, a petition was filed in Delhi High Court seeking registration of FIR against politicians. After the lower court didn't give a favorable response, Mander approached SC which scheduled a hearing for today.
In speech, Mander said SC failed to honor secularism
Before the much-awaited hearing, a controversial video of Mander surfaced wherein he spoke to protesters of CAA, near Jamia. "The SC has failed to honor secularism, equality, and humanity. We will try fighting there too, but, the decision will not happen in neither Supreme court nor Parliament, it has to be made at the streets," he said in the clip.
The clip can be viewed here
Won't hear you now: SC
At the beginning of today's proceedings, Solicitor General Tushar Mehta mentioned Mander's speech, evoking a sharp reaction from CJI SA Bobde. "You made statements against the Supreme Court. We will not hear you now... If Harsh Mander feels (that) about the Supreme Court, then we will have decide on that first, (sic)" CJI Bobde said. Mander was represented by lawyer Karuna Nundy today.
CJI noted the law has been violated numerous times
"Many have violated the majesty of the law. Are you also one of them?," the top court asked Nundy. When the senior lawyer said she will verify the clip's authenticity, Mehta replied it was strange she wanted to follow the process for her client when he wants FIRs to be registered soon. Mehta argued cops should be allowed to decide when to file FIRs.
One statement can't start riots: Mehta
Mehta also rubbished the claims that BJP leader Kapil Mishra's hateful speech sparked riots. "It is fallacious to believe that one statement would have led to the riots," Mehta said. Subsequently, the top court ordered HC to look into all pleas pertaining to last week's communal clashes. Reportedly, as many as 10 riot victims had knocked on SC's doors.
Case returned to HC, will be heard on Friday
"We are of the view that in the interest of justice, the cases be listed before the Chief Justice of the Delhi High Court on Friday... We request the High Court to deal with these cases expeditiously," CJI Bobde said.