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Hate Speech Rule of Law

Videos of hate speech by Kapil Mishra played before Delhi HC

Video shows him issuing ultimatum to Delhi Police while standing next to a uniformed officer

Sabrangindia 26 Feb 2020

Kapil Mishra

The video of Kapil Mishra issuing an ultimatum to Delhi police and suggesting that his people would take the law into their own hands should the police fail to evict anti-Citizenship Amendment Act (CAA) protesters from near the Jafrabad metro station, was played before the Delhi High Court today.

The video was played as the Solicitor General Tushar Mehta, who was representing the government of India, claimed that he had not seen the video. Justice Murlidhar who was hearing the matter then insisted that the video be played before the court. After the video was played and Mishra could be seen delivering the ultimatum while standing next to a uniformed policeman, the identity of the policeman in the frame was also revealed to be DCP (NE) Ved Prakash Surya.

Meanwhile advocate Rahul Mehra who was representing the government of Delhi took the opportunity to reiterate how it was the Ministry of Home Affairs and not the Government of Delhi that controlled the Delhi Police. He also said, “I don't see any reason why FIRs can't be registered. It ought to be registered against everybody. If they're later found to be wrong, they can be cancelled.”

Thereafter, advocate for the petitioners, Colin Gonsalves also showed the court clips of hate speeches made by Anurag Thakur, Parvesh Verma and Abhay Verma, saying they had clearly incited people to commit hate crimes. He demanded their arrest. Meanwhile, SG Mehta kept insisting that the limited number of videos amounted to selective outrage and that harsh words or action against the police would demoralize them. Gonsalves told the court, “This is not a normal case. More than the FIR, police must state why the BJP leaders were not arrested.” He said that Sections 295, 295A, 153A, 154B of the IPC were applicable in the case.  

Meanwhile, at the Additional Chief Metropolitan Magistrate Vishal Pahuja was hearing another petition moved by CPI(M) leaders Brinda Karat and KM Tiwari under Section 156(3) of the Code of Criminal Procedure (CrPC) regarding hate speech by Anurag Thakur and Parvvesh Verma. Interestingly, here the Delhi Police submitted their report saying that the complainant has made the presumption that speeches made by Thakur and Verma incited violence. According to Bar and Bench, the report said, “...incidents of violence...are independent act which did not have any connection to the speeches mentioned in the complaint.” Karat and Tiwari had sought directions to the Parliament Street Police Station to file FIRs against Thakur and Verma under sections 153A/153B/295A/298/504/506 of the IPC. The court has reserved it order till March 2 in this case.

Meanwhile, back at the Delhi High Court Justice Murlidhar wanted to know what was the “appropriate stage” that SG Mehta kept referring to for filing an FIR. The court then adjourned the matter till tomorrow asking the Delhi Police to take a conscious decision with respect to the registration of FIRs and report back tomorrow.


Related:

SC refuses to pass orders in Shaheen Bagh case
SC approached to intervene in Delhi Violence: Bhim Army
Why no FIR filed against Anurag Thakur, Parvesh Verma: Court asks Delhi Police

Videos of hate speech by Kapil Mishra played before Delhi HC

Video shows him issuing ultimatum to Delhi Police while standing next to a uniformed officer

Kapil Mishra

The video of Kapil Mishra issuing an ultimatum to Delhi police and suggesting that his people would take the law into their own hands should the police fail to evict anti-Citizenship Amendment Act (CAA) protesters from near the Jafrabad metro station, was played before the Delhi High Court today.

The video was played as the Solicitor General Tushar Mehta, who was representing the government of India, claimed that he had not seen the video. Justice Murlidhar who was hearing the matter then insisted that the video be played before the court. After the video was played and Mishra could be seen delivering the ultimatum while standing next to a uniformed policeman, the identity of the policeman in the frame was also revealed to be DCP (NE) Ved Prakash Surya.

Meanwhile advocate Rahul Mehra who was representing the government of Delhi took the opportunity to reiterate how it was the Ministry of Home Affairs and not the Government of Delhi that controlled the Delhi Police. He also said, “I don't see any reason why FIRs can't be registered. It ought to be registered against everybody. If they're later found to be wrong, they can be cancelled.”

Thereafter, advocate for the petitioners, Colin Gonsalves also showed the court clips of hate speeches made by Anurag Thakur, Parvesh Verma and Abhay Verma, saying they had clearly incited people to commit hate crimes. He demanded their arrest. Meanwhile, SG Mehta kept insisting that the limited number of videos amounted to selective outrage and that harsh words or action against the police would demoralize them. Gonsalves told the court, “This is not a normal case. More than the FIR, police must state why the BJP leaders were not arrested.” He said that Sections 295, 295A, 153A, 154B of the IPC were applicable in the case.  

Meanwhile, at the Additional Chief Metropolitan Magistrate Vishal Pahuja was hearing another petition moved by CPI(M) leaders Brinda Karat and KM Tiwari under Section 156(3) of the Code of Criminal Procedure (CrPC) regarding hate speech by Anurag Thakur and Parvvesh Verma. Interestingly, here the Delhi Police submitted their report saying that the complainant has made the presumption that speeches made by Thakur and Verma incited violence. According to Bar and Bench, the report said, “...incidents of violence...are independent act which did not have any connection to the speeches mentioned in the complaint.” Karat and Tiwari had sought directions to the Parliament Street Police Station to file FIRs against Thakur and Verma under sections 153A/153B/295A/298/504/506 of the IPC. The court has reserved it order till March 2 in this case.

Meanwhile, back at the Delhi High Court Justice Murlidhar wanted to know what was the “appropriate stage” that SG Mehta kept referring to for filing an FIR. The court then adjourned the matter till tomorrow asking the Delhi Police to take a conscious decision with respect to the registration of FIRs and report back tomorrow.


Related:

SC refuses to pass orders in Shaheen Bagh case
SC approached to intervene in Delhi Violence: Bhim Army
Why no FIR filed against Anurag Thakur, Parvesh Verma: Court asks Delhi Police

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