NE LEGAL BUREAU
NEW DELHI, FEB 26
The Delhi High Court saw heated exchanges between a senior law officer of the Centre and standing counsel of the AAP government on who would represent the police in two PILs related to the violence in the northeast district here over the new Citizenship law on Wednesday.
Solicitor General Tushar Mehta told a bench of Justices S Muralidhar and Talwant Singh that he has been instructed by the Lieutenant Governor to represent the police in the two matters. However, the submission was objected to by Delhi government standing counsel (criminal) Rahul Mehra who said a Constitution bench of the Supreme Court has already decided on the powers of the Centre and the Delhi government.
Mehra said that in view of the apex court ruling, the LG’s direction was of no consequence. Mehta contended that the Union of India is also a stakeholder in the matter which concerns law and order in the national capital. “Don’t create an ugly scene here. I am not addressing a rally. I am addressing the lordships here,” he said, who was then allowed by the bench to advance arguments in the matter.
The SG also filed an application seeking to implead the Centre as a party in the petition filed by human rights activist Harsh Mander and activist Farah Naqvi, on the ground that it is an issue of law and order. The court issued notice to the petitioners on the application and listed it for hearing on Thursday.
Mander and Naqvi, in their joint plea, have sought lodging of FIRs against those who allegedly gave hate speeches and arresting those involved in the communal violence which has claimed 24 lives and injured around 200 people.
The other PIL, by one Rahul Roy, has sought safe passage to government hospitals and emergency treatment for those injured in the communal violence which erupted in northeast Delhi over the amended citizenship law. This matter is listed for hearing on February 28.
During the hearing, the SG and Mehra also differed on the aspect of lodging FIRs. While the SG submitted that the court should wait for the response of authorities concerned on the issue of lodging FIRs against three BJP leaders — Anurag Thakur, Parvesh Verma and Kapil Mishra — Mehra contended that there was no reason not to lodge the FIRs against them and it ought to be registered against everyone involved in the violence.
Mehta said he has spoken to the highest authority and any decision taken by the court now may aggravate the situation. However, Mehra was of the view that FIR should be registered at this stage if a cognisable offence has been committed and later on if enough evidence is not found, the police can file a cancellation report.
