[Anti CAA/NRC protests] Sonia, Rahul oppose PIL over ‘hate speeches’ before Delhi High Court

Congress Leaders Sonia and Rahul Gandhi have opposed the filing of FIRs against them for allegedly making hate speeches during anti-CAA/NRC protests, claiming that there is no evidence of any provocation.

Their seperate affidavits were submitted before the Delhi High Court in response to a Public Interest Litigation (PIL) filed by the Lawyers Voice organization which sought registration of FIRs against Sonia Gandhi, Rahul Gandhi, Priyanka Gandhi Vadra, Manish Sisodia, Amanatullah Khan, social activist Harsh Mander, AIMIM leader Akbaruddin Owaisi, and former AIMIM MLA Waris Pathan, etc. for their alleged hate speeches.

The leaders denied allegations of inciting communal violence in north-east Delhi in February 2020, claiming that the PIL-petitioner had singled them out while ignoring speeches made by ruling party members, the BJP.

The leaders stated that meanwhile a series of speeches made by members of the BJP have been conveniently left out by the petitioner, which reveals the colored nature of the exercise. It was further stated that the petitioner had only included non-conformist, independent, and opposition leaders.

Gandhis claimed that their speeches had not been taken in "entirety," and it did not promote hatred between any groups based on religion, race, place of birth, residence, language etc.

Gandhis stated that freedom of speech and expression is a fundamental right guaranteed under the Constitution of India and preventing a citizen from forming, holding, or expressing a bonafide opinion in the public interest on a bill passed by the Parliament is not a reasonable restriction and violates the basic principles of democracy.

"It is a violation of our right to speech to prevent a citizen from expressing a genuine opinion against any bill or law passed by the government and putting it in the public domain to inform, generate a debate, and build public opinion for change/reform,” the Gandhis stated in separate affidavits.

The leaders also termed the PIL as "publicity interest litigation" and stated that a worrying phenomenon has gained trained traction and is in vogue these days, in which petitioners avoid the procedure prescribed by the Code of Criminal Procedure (CrPC).

"The beauty of procedural law is found in the stages and remedies available during criminal proceedings. The High Court has been flooded with writ petitions requesting the filing of FIRs or to conduct of proper investigations. If the High Court grant such petitions, it will open Pandora's box and collapse the already overburdened system," the Gandhi's stated in their affidavits.

The court was dealing with a slew of petitions which sought FIRs against various political leaders for making provocative speeches during the 2019 protests.

Another Petitioner Shaikh Mujtaba Farooq also sought the registration of an FIR against BJP leaders Anurag Thakur, Kapil Mishra, Parvesh Verma, and Abhay Verma. Two more petitions have also sought similar relief.

A division bench of Justice Siddharth Mridul and Justice Amit Sharma on Monday adjourned the hearing in the pleas due to paucity of time and posted the matter for further hearing on September 27.

Source: Hindustan Times