From Our Bureau
NEW DELHI: After a rebuke by the Supreme Court on the affidavit on the hate speeches at a Dharam Sansad in Delhi last December 19 organised by Vishwa Hindu Parishad and seeking a “better affidavit,” Delhi Police on Friday conceded to re-examine it claiming no hate speeches were made against the Muslim community” and assured the court to file a better one.
At the outset, senior advocate, representing the petitioners, said Delhi Police claimed an inquiry was conducted in the matter and justified that the persons gathered to save “ethics of their community.”
The Supreme court is hearing a petition filed by Delhi journalist Qurban Ali and former Patna High Court judge and senior advocate Anjana Prakash in the matter. The petition asked for an independent SIT to investigate the matter, asserting that the Dharam Sansads are becoming scenes of hateful bigotry, even going to the extent of demanding a genocide of the minority community. The Court has already sought a fresh affidavit from the Uttarakhand Police on a similar Dharam Sansad held in Haridwar last year.
Though the gathering was held without its permission, Delhi Police had said in its affidavit: “The findings of the inquiry after visual and audio examination of the evidence further disclose that the speech did not contain any hate words against a particular community, and persons who gathered there with a motive to save the ethics of their community”.
Sibal said: “Your lordships may have to decide constitutionally, what ethics are?”
A bench comprising Justices A.M. Khanwilkar and Abhay S Oka noted that the affidavit was filed by the Deputy Commissioner of Police and queried Additional Solicitor General (ASG) K.M. Nataraj, “Do you accept this position…we want to understand…Has any superior officer verified this?”
“We want to know that the senior officer has understood the nuances of other aspects before filing this affidavit. Has he merely reproduced an inquiry report or applied his mind? Do you want to take a relook,” Justice Khanwilkar said.
He further queried, “Is it your stand as well… the reproduction of the inquiry report of the sub-inspector level officer?”
Nataraj, representing the Delhi Police, said: “We have to take a relook”.
Justice Khanwilkar asked Nataraj, “Do you want to have a relook at the whole matter?…Is this the stand of Commissioner of Police, Delhi?”
Nataraj submitted that a fresh affidavit will be filed, after taking instructions from the authorities concerned. He sought more time to file a better affidavit.
The top court gave Delhi Police two weeks to file an affidavit and scheduled the matter for further hearing on May 9. The bench said that the police should file a better affidavit on or before May 4.
