In a case involving the filing of first information reports (FIRs) against BJP leaders Anurag Thakur and Parvesh Verma for alleged hate speech, the Supreme Court on Monday requested a response from the Delhi government and the Delhi Commissioner of Police. The rationale of courts below that a sanction under Section 196 of the Criminal Procedure Code (CrPC) was necessary may not be accurate, a bench of Justices KM Joseph and BV Nagarathna stated orally, Bar & Bench reported.
Over the 'desh ke gaddaron ko goli maaron...' remark by Thakur, Justice Joseph stated: "Gaddar means traitor I believe? Here goli maaron was not in terms of medicine prescription, certainly."
The court was hearing an appeal against a June 2022 Delhi High Court judgement that dismissed a petition filed by the leaders of the Communist Party of India (Marxist), Brinda Karat and KM Tiwari, contesting a lower court's refusal to compel the filing of FIRs against the two BJP officials.
The remarks by the two politicians were delivered in 2020, amid the national capital's anti-Citizenship Amendment Act (CAA) rallies, during the Delhi assembly elections.
Notably, the High Court voiced concern in its judgement about the petitioners' circumvention of the CrPC's remedies, calling it a trend and a "worrying phenomenon that has gained traction and is in vogue these days."
A cognisable offence had not been made out, according to the police status report.
During the hearing, the court remarked that the magistrate's position that authorization under Section 196 CrPC was necessary for filing FIRs against the two BJP leaders was not accurate.
Senior attorney Siddharth Aggarwal, representing CPI (M) leaders Brinda Karat and KM Tiwari, stated that the Election Commission has restricted these leaders from campaigning for a period of time after taking note of their statements, PTI reported.
Thakur reportedly screamed the slogan while speaking at an electoral event in Delhi's Rithala area in January 2020.