The Supreme Court expressed its displeasure over a Delhi Police affidavit which had said that “no hate speech was made” during an event held here last year and directed it to file a “better affidavit.”
Delhi Police had told the top court that “no specific words against any community were uttered” at an event organised here by the ‘Hindu Yuva Vahini’ on December 19 last year.
“The affidavit has been filed by the Deputy Commissioner of Police. We hope he has understood the nuances. Has he merely reproduced the inquiry report or applied mind? Is it your stand as well or the reproduction of inquiry report of sub-inspector level officer?” a bench of Justices A M Khanwilkar and Abhay S Oka asked.
The bench questioned can such a stand be taken on an affidavit before the court and wanted to know who verified the affidavit and if Delhi Police was accepting it as a correct finding.
Additional Solicitor General (ASG) K M Nataraj, appearing for the Delhi Police, said they will have a “re-look” of the matter and file a fresh affidavit.
“The ASG seeks time to get instructions from authorities to file a better affidavit… Two weeks time prayed for. List this matter on May 9. Better affidavit be filed on or before May 4,” the bench said.
The top court was hearing a petition filed by journalist Qurban Ali and former Patna High Court judge and senior advocate Anjana Prakash, who has also sought a direction for an “independent, credible and impartial investigation” by an SIT into incidents of hate speeches against the Muslim community.
As the hearing commenced, senior advocate Kapil Sibal, appearing for the petitioners, drew the attention of the bench towards extracts of the speech and the enquiry report of the Sub Inspector (PS Okhla Industrial Area).
The counter affidavit of the Delhi Police says an inquiry has been conducted and that the persons had gathered to ‘save ethics of their community .
In the speech in question, they say, ‘We are ready to kill’! And the Delhi Police say it is to ‘save the ethics of the community? Your Lordships may fix it for hearing and decide what constitutionally ethics are ” Sibal said.
The bench then asked the law officer if any senior officer has verified the affidavit.
“Some superior officer has seen it? Who has verified it? Has there been an application of mind as to if this stand can be taken on affidavit before the court? This affidavit is filed by the deputy commissioner of police? He accepts this position?
“Is this his understanding or only a reproduction of IO’s report? We want to understand from you the affidavit filed before this court by the deputy commissioner of police, a senior officer, the bench said.
The apex court asked the ASG if Delhi Police was accepting it as a correct finding?
This is the reproduction of the inquiry report prepared by a sub-inspector level officer or is it your stand? If it is so, then we have to ask the Commissioner of Police to look into it if this is your stand also?” the bench said.
