Hate speech: SC rejects Brinda Karat's review plea against Thakur, Verma

The Supreme Court dismissed a review plea by CPI(M)'s Brinda Karat against its judgment that found no cognisable offence against BJP's Anurag Thakur and Parvesh Verma for their alleged hate speeches during the 2020 Delhi riots.

The Supreme Court has dismissed a review petition filed by CPI(M) leader Brinda Karat against April 29 judgement that held no cognisable offence was made out against BJP leaders Anurag Thakur and Parvesh Verma for their alleged hate speeches during the 2020 Delhi riots.

A bench of Justice Vikram Nath and Justice Sandeep Mehta dismissed the review petition on July 29 in chambers, while finding no ground to revisit its earlier decision. It has also rejected Karat's application seeking an open court hearing of the review petition. "Application for listing the present review petition in open court is rejected. We have gone through the review petition as well as the grounds in support thereof. We do not find any error, much less apparent, in the order impugned, warranting its reconsideration. The review petition shall stand dismissed accordingly," the apex court stated in its order.

Background of the April 29 Judgement

On April 29, the apex court had partly allowed Karat's plea by holding that prior sanction is not required at the pre-cognisance stage for a Magistrate to order investigation into the offences alleged against Thakur and Verma. However, after independently examining Thakur's and Verma's speeches, the apex court concluded that no cognisable offence was disclosed.

High Court's Previous Stance

The Communist Party of India (Marxist) leaders Karat and KM Tiwari had approached the top court 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 an 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 Alleged Speeches

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)

Karat pointed to Thakur's January 27, 2020 slogan at a rally -- Shoot traitors of the nation (Desh ke gaddaron ko, goli maaro saalon ko) and Verma's remarks protesting, describing the Shaheen Bagh protesters as "infiltrators" who would "enter your homes, rape your daughters and sisters, and kill them." (ANI)

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