SC Refuses Petition of Brinda Karat Against BJP Leaders But Refers to Justice KM Joseph Bench

CPIM leader Brinda Karat on Monday left disappointed by the Supreme Court when one of her petitions was referred to Justice KM Joseph Bench for hearing. Brinda Karat filed a Petition in Supreme Court seeking registration of FIR against BJP leaders Anurag Thakur and Parvesh Verma for alleged hate speeches in 2020. The Bench comprising of justice Sanjiv Khanna and Justice MM Sundaresh directed petition to the bench headed by Justice KM Joseph because hearing of similar cases.

During Monday’s hearing, Justice Sanjiv Khanna inquired the Counsel pleading for the petitioner if there was a case pending before the Supreme Court on similar matters. The petitioner’s counsel stated that the bench led by Justice KM Joseph was examining a batch of petitions seeking action against hate speech. The bench, remarking that it would be preferable if the case was heard by the same bench, ordered, “Matter be heard by the same panel subject to directions of the Hon’ble Chief Justice.”

It should be noted that a bench led by Justice KM Joseph ordered Suo motu police action against hate speech in October last year, while hearing a batch of petitions related to hate speech incidents during Dharam Sansad events.

The Bench of justice Sanjiv Khanna and Justice MM Sundaresh held that in cases when an effective alternative remedy is available, it must be exhausted, and that High Court intervention should be limited to emergent cases in the interest of justice. The plea references to several speeches made by the two politicians including the speech dated January 27, 2020 given by Anurag Thakur at a rally shouting the slogan “desh ke gaddaron ko, goli maaron saalon ko”.

Reference has also been made to another speech made by Parvesh Verma dated January 27-28, 2020, while campaigning for Bhartiya Janata Party .

According to the plea, the speech threatened to use force to remove protestors who were protesting at Shaheen Bagh in the wake of the Citizenship Amendment Act (CAA), as well as to promote hatred and enmity against other communities people by portraying them as invaders.