25 February 2020
New Delhi: The Supreme Court on Tuesday agreed to hear a plea filed by Bhim Army chief Chandrashekhar Azad and former Chief Information Commissioner Wajahat Habibullah and others seeking registration of FIRs in connection with the spurt in violence in Delhi over the Citizenship Amendment Act (CAA). The plea also cited Mishra's tweet and held him responsible for inciting and orchestrating the attack.
This application was mentioned for urgent hearing before a bench of Justices Sanjay Kishan Kaul and K.M. Joseph. The bench agreed to hear the matter on Wednesday.
The plea was filed by advocate Mehmood Pracha on behalf of Habibullah and Azad. "On the night of February 23, a member of the party in power at the Centre, Kapil Mishra, who is known for making speeches to instigate violence and vandalism, carried out a pro-CAA rally next to the Maujpur-Babarpur Metro Station, which is 2 km away from the peaceful protest that was going on at Jaffrabad", said the plea blaming Mishra for the violence citing media reports.
The apex court is also slated to hear on Wednesday two separate petitions seeking removal of protesters at Shaheen Bagh. This plea has been tagged with this matter.
The plea said Mishra initially gathered his supporters and started raising slogans inciting slogans. Then, in an orchestrated move, he left the place after having incited the crowd, "after which violence erupted in Jaffrabad and the peaceful protesters were forced to run for safety."
The plea also contended that persons hurt in the attack on the night of February 23 had filed complaints with the police, but no action has been taken by the police against the perpetrators of violence. The plea claimed violence has escalated throughout the day with horrific incidents of violence and arson.
"As per various reports, anti-social elements from the surrounding villages of Uttar Pradesh have entered Delhi in buses and trucks and have been attacking the residents of Delhi and the peaceful protesters. The police are refusing to register any FIR against the attackers", said the plea.
The plea said women protestors have been openly threatened.
The plea has sought safety of women sitting on protest against the CAA at Shaheen Bagh and other places in the national capital.