Delhi HC Dismisses Brinda Karat's Petition Seeking FIR Against BJP Leaders For Alleged Hate Speech

The Delhi High Court today dismissed a writ petition filed by CPI(M) leaders Brinda Karat and K. M. Tiwari challenging the order of the trial court which refused to order registration of FIR against Anurag Thakur and other members of BJP for alleged hate speech about the anti CAA protests in Delhi.

"The instant petition despite being maintainable does not warrant the intervention of this Court" the Court of Justice Chandra Dhari Singh held, adding that, "The alternative remedy wherever available must be exhausted..... Appropriate sanctions by the government are required to conduct the investigation."

The Court also said that, "the petitioners have failed to exercise the procedure laid down. There are alternative remedies available before invoking the writ jurisdiction of the Court. The petitioners have failed to satisfy the Court and no case is made out warranting the intervention of the Court in this case."

The petition was filed challenging the August 26, 2021 order of the trial court which dismissed the complaint on the ground that the requisite sanction from the government had not been obtained. The Delhi Police had submitted before the High Court that the trial court's order is correct since it did not have jurisdiction to decide the matter.

Brinda Karat and K. M. Tiwari had brought the complaint before the trial court stating that the BJP leaders had sought to incite the people with their speeches and that it led to firing at two different protest sites in Delhi.

Karat and Tiwari had sought registration of FIRs against the leaders under Sections 153A, 153B, 295A, 298, 504, 505 and 506 of the Indian Penal Code.