A bench comprising Chief Justice D.Y. Chandradhud and Justice P.S. Narasimha instructed the investigating officer in the case to record the actions taken in the investigation of the matter so far within two weeks after noting that the FIR in the case was filed five months after the incident and no chargesheet has been filed as of yet
Ghazala Ahmad | Clarion India
NEW DELHI – The Supreme Court on Friday slammed the Delhi Police for delaying investigation in cases of hate speeches made by Hindu Yuva Vahini leaders at an event organized by Sudarshan TV chief Suresh Chavhanke in December 2021.
The court also sought a report from the police officer probing the cases.
A bench comprising Chief Justice D.Y. Chandradhud and Justice P.S. Narasimha instructed the investigating officer in the case to record the actions taken in the investigation of the matter so far within two weeks after noting that the FIR in the case was filed five months after the incident and no chargesheet has been filed as of yet.
“What are you doing in terms of the investigation? The incident took place on the 19th of December, 2021. The FIR was registered five months later in May 2021, why it took five months to register an FIR?,” Chief Justice Chandrachud questioned Additional Solicitor General K.M. Nataraj, representing Delhi Police.
“We are of the view that it is necessary for the investigating officer (IO) to place on record the steps which have been taken to pursue the investigation since the incident took place on December 19, 2021,” the court directed.
The Supreme Court issued the instructions while hearing a contempt petition filed by Tushar Gandhi, who alleged that the Delhi Police had violated its directives in the Tehseen Poonawalla case, which outlined particular procedures for handling similar instances.
Advocate Shadan Farasat, representing the petitioner, emphasised the seriousness of the situation and asserted that there had been a purported demand for action against the Muslim community. It is a call to action for a certain form of violence. “Not just one person is doing this; everyone is following an oath in support of the leader,” he said.
Again pointing to the Poonawala case, the petitioner’s counsel further said that “judgement makes filing of FIR and chargesheet a requirement in such cases.”
“FIR was not registered for five months. Even in the counter filed now, they say an investigation is underway. They don’t indicate if they have called anyone for interrogation under Section 41A. They’ve not arrested anyone; no chargesheet has been filed,” he further said.
ASG Nataraj informed the court that neither the delay nor the Delhi Police’s failure to follow the top court’s instructions in the Tehseen Poonawalla case was intentional. However, the court cited the FIR’s tardy filing as evidence.
The police were further questioned by the CJI, “What steps you have taken after May 2021? What have you done? How many arrests you have made? What investigation have you done? How many people have been examined?”
Moreover, Nataraj clarified that these were merely claims made by the petitioner’s counsel and stated that he would inform the court of the investigations’ status only after receiving information from Delhi Police.
