A bench of Justices Abhay S Oka and Pankaj Mithal deferred the hearing of the case after Additional Solicitor General SV Raju, appearing for Delhi Police, submitted a request for adjournment.
The petitioners opposed the Delhi police’s request for adjournment. The bench said no further adjournment will be granted to Delhi police in the case.
“A prayer for adjournment made by the respondent is opposed by counsel for the petitioners. Notice has been issued. This petition will have to be heard. For that purpose, it shall be listed on October 3. No further adjournment will be granted to the respondent,” the bench stated in its order.
Earlier, the apex court had issued notice to the Delhi police and sought its response.
It had then orally observed during the hearing that prima facie the Magistrate’s stand that sanction was required for lodging FIRs against the two BJP leaders may not be correct.
The top court was hearing the plea filed by Communist Party of India (Marxist) leaders Karat and KM Tiwari challenging the June 13, 2022 order of the Delhi High Court wherein it had dismissed the plea challenging the trial court’s refusal to direct the registration of an FIR against Thakur and Verma for their alleged hate speeches.
The High Court had refused to interfere with the trial court’s order and said under the law, the requisite sanction is required to be obtained from the competent authority for the registration of FIR in the present facts.
The High Court took into note that Delhi police had conducted a preliminary inquiry into the matter and informed the trial court that prima facie no cognisable offence was made out and that for ordering any investigation, the trial court was required to take cognisance of the facts and evidence before it, which was not permissible without a valid sanction.
The two leaders made the alleged speeches during the Delhi assembly elections in 2020 when the anti-Citizenship Amendment Act (CAA) protests were ongoing in the city. (ANI)