Statement by CPI(M) Polit Bureau Member, Brinda Karat, on Hate Speech Case against Anurag Thakur and Parvesh Verma
Being Dismissed by Magistrate Court
The ruling is surprising and disappointing. 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 a 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?
This is an unfair judicial process which has resulted in excusing those who make hate speeches even where there is prima facie evidence.