2020 Northeast Delhi riots: HC seeks status of police probe against politicians over hate speech

The Delhi High Court recently sought updates from the Delhi Police regarding the progress of investigations into FIRs filed against politicians for allegedly making hate speeches during the 2020 Northeast Delhi riots. This comes after the Supreme Court, in December 2021, directed the High Court to take up the matter promptly, ideally concluding proceedings within three months. The current hearings involve a division bench composed of Justices Vivek Chaudhary and Manoj Jain, who are overseeing multiple petitions that demand an independent probe into hate speeches by politicians and call for accountability of negligent police officers. The next hearing is scheduled for November 21. These petitions were originally filed in 2020 by a diverse group of petitioners. Among them are former Rajya Sabha member and CPI (M) leader Brinda Karat, the socio-religious organization Jamiat Ulama-i-Hind, Lawyers’ Voice—a society co-founded by Justice Ajay Digpaul, who is now a sitting judge at the High Court—and a Delhi resident named Ajay Gautam. Despite the passage of significant time, the court noted that FIRs have already been lodged and investigations are ongoing. Justice Chaudhary remarked that legal questions concerning the fairness of the investigations should be addressed before a magistrate, emphasizing that writ petitions cannot entertain factual disputes. He also pointed out that alternate legal remedies have existed for several years but have not been utilized, leading to unnecessary delays in the petitions' progress. The court’s stance reflects a judicial reluctance to interfere with ongoing investigations unless there is clear evidence of procedural injustice. While some counsels argued that the police probe has not been impartial, the bench maintained that proper legal channels should be followed for such grievances. The matter remains sensitive given the communal violence context and political implications. The High Court’s request for the status report underscores the judiciary’s attempt to balance timely justice delivery with respect for procedural propriety. The petitions highlight broader concerns over hate speech and political accountability in the aftermath of the riots, which shook Northeast Delhi in early 2020. The unrest resulted in significant loss of life and property, and hate speech allegedly played a role in exacerbating tensions. Calls for independent investigations and action against erring officials point to public demands for transparency and justice in cases involving communal violence and political complicity. Looking ahead, the upcoming hearing aims to further examine these issues, with the court likely to assess the adequacy of police investigations and the validity of the petitions seeking independent probes. The judicial process thus continues to unfold amid ongoing debates around accountability, the role of politics in communal strife, and the mechanisms available to victims and civil society to seek redress.