A squandered opportunity for justice in the Delhi hate speech case. D N Patel, the Chief Justice of the Delhi High Court, retired on March 12th. Judges are renowned and remembered by their decisions, for better or ill. It is because of Justice H R Khanna’s decision in the ADM Jabalpur case, which held that human liberty is inalienable even when the country is in a state of emergency, that we commemorate him today and will remember him for a long time. Justice Patel had a comparable chance, one in which he could have gloried in his accomplishments. He, on the other hand, let it go.
On March 12th, Chief Justice D N Patel of the Delhi High Court retired. For better or worse, judges are recognized for their judgments. We commemorate him today and shall remember him for a long time because of Justice H R Khanna’s ruling in the ADM Jabalpur case, which maintained that human liberty is inalienable even while the country is in a state of emergency. Justice Patel had a similar opportunity, one in which he could have a brag about his achievements. On the other hand, he was able to let it go.
Anurag Thakur was seen in one video hoisting the slogan “Desh ke gaddaron ko” and encouraging the throng to do the same, to which the crowd reacted with “Goli Maro….ko.” Abhay Verma, a sitting MLA, is said to have repeated the same slogan. In another video, Kapil Mishra is seen telling the gathering, “I am making one thing clear… we will keep our peace until Trump leaves,” with DCP North-East Delhi by his side. We’ll have to take to the streets if Jaffrabad and Chandbagh aren’t cleansed in three days…” Another video purports to show Parvesh Verma, MP, comparing the protestors at Shaheen Bagh to those responsible for driving Kashmiri Pandits out of the state, as well as warning that such individuals could break into their houses and rape their mothers and daughters.
A notification was issued on February 26th, close to midnight, moving Justice Muralidhar to the Punjab & Haryana High Court with immediate effect. As a result, the subject was brought before the Chief Justice’s bench the next day. The SG stated that the police were studying the audio/video clips and that, due to the complexities of the case, they would require four weeks to conclude. The court granted the request and delayed the case, setting a new hearing date for April 13, 2020.
The court did not attempt to learn whether the Special Commissioner of Police had examined the films and made a deliberate decision based on his representation to Justice Muralidhar’s bench. Furthermore, the police were given a reprieve from filing an FIR on the apparent commission of cognizable offenses and as a result of Justice Muralidhar’s views. How could the police, who are expected to keep the peace at all costs, fail to file charges against the people in the films and hide behind the excuse that the timing was not suitable for such an action? The argument was not only unsupported by the law, but it was also frivolous and untenable.