Delhi Riots: Petitioners to move to magistrate’s court

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New Delhi: The Delhi High Court has today allowed Harsh Mander and another petitioner in the Delhi riots matter to withdraw and move to the magistrate’s court.

The divisional bench, comprising Chief Justice D.N. Patel and Justice Prateek Jalan, while hearing the matter through video conferencing, directed the respondents to place all the documents on record.

Senior Advocate Kapil Sibal, appearing for Harsh Mander, submitted that the petitioners were willing to withdraw and move to the magistrate’s court and this may be allowed. He said this is pending before the court, but the courts are not functioning.

At this request the Chief Justice asked all the petitioners whether anyone else wants to go to the magistrates’ court. At this Aditi Pujari, appearing for another petitioner Brinda Karat, said: “We approached the magistrate, but the order has been reserved as the matter is pending before this court.”

During the hearing, Ajay Gautam petitioned that the Delhi police had admitted that Anti-CAA protestors were using women and children as shields and the protestors were behind them. He said the People’s Front of India was financing the agitation.

Gautam added: “The issue is whether Delhi Police is eligible to investigate. Delhi Police has limited resources. There is foreign involvement. What kind of protest were they having? Calling or the killing of the home minister and Prime Minister… They have been frustrated by the Ram Mandir judgment…”

Justice Prateek Jalan interjected and said: “Please don’t make political speeches.”

Said that let the petitioners move to the appropriate courts under CrPC 156(3), otherwise the court will keep on hearing such political speeches.

June Chaudhari, appearing for the Jamiat Ulama-I-Hind, submitted that the people who went to the police station were not allowed to write the names of the accused and were forced to file FIRs against unknowns. Referring to a Supreme Court judgment she added that investigation should be fair and should also seem to be fair.

“Particular members of the community were targeted. We recommend a fair and impartial investigation into the Delhi riots. Ten trucks laden with all kinds of weapons were there” she added.

The court has directed the respondents to place everything on record and verify the page numbers.

-India Legal Bureau

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