Delhi Violence: HC to Hear Plea for SIT, FIR Against BJP Leaders
Petition by Harsh Mander asks for a judicial inquiry into Delhi violence, and compensation for victims.
The Delhi High Court has agreed to hear a plea moved by social activist Harsh Mander seeking a Special Investigation Team to be constituted to inquire into the instances of violence carried out during the clashes between CAA protesters in the north-east part of Delhi.
Moved before the Division Bench of Justice GS Sistani and Justice Anup Jairam Bhambhani, the petitioner stated that many persons have been killed in cold blood by Delhi Police and organisations affiliated to the party in power at the Centre.
It is alleged that due to the provocative statements made by BJP leaders such as Kapil Mishra, Anurag Thakur and Parvesh Verma, assailants linked to these politicians carried out multiple brutal assaults on the unarmed persons who were protesting against the CAA.
Further, it is also submitted that around 10 persons have been killed (Editor’s Note: The official death toll at the time this copy was published was nine) and 160 have been injured, and many houses and shops have been burnt in areas such as Maujpur, Jaffrabad, Kardampuri, Bhajan Pura, Behrampuri, etc.
“This incident (Kapil Mishra's speech) led to a gathering of armed mobs in Maujpur with loud chanting of communal slurs and chanting of 'Goli Maro Sa***n Ko' and 'Jai Shri Ram’”, the petition states.
The petitioner has further alleged that on the incidents that took place on 24 February, the Delhi Police started instigating the armed mob of people who were chanting communally charged slogans such as 'Jai Shri Ram'.
It is mentioned:
"In Bhajanpura, 100 RSS goons mobilised in the area and distributed weapons and swords to people."
It is also stated in the petition that stone pelting by “anti-social” elements, in the presence of the police, has been recorded in CCTV cameras installed by the Delhi government and there are footages available on social media for evidence.
In light of the same, the petitioner has asked for an FIR to be lodged against Kapil Mishra, Anurag Thakur, Parvesh Verma, and other rioters under Sections 147, 148, 149, 153A, 153B, 120B of the Indian Penal Code, as well as, Sections 3 and 4 of the Damage to Public Property Act. Their immediate arrest has also been sought.
The petitioner has also asked for a Judicial Enquiry, headed by a retired judge, to inquire into the alleged instances of communal violence, identify the police persons involved in the rioting, and direct the dismissal of such personnel in accordance with law.
Apart from seeking compensation for the deceased and injured persons, the plea also seeks deployment of Army to maintain the law and order situation in the affected areas.
Further, the petitioner has asked for preservation of the CCTV footage, family access to the detained persons, and a direction to be issued to the central government to ensure the safety and protection of all the protest sites.
(This article was originally published on LiveLaw. It has been republished with permission.)
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