Lawstreet Journal

“Will hear only after Sabarimala is finished.” SC Said Refusing Prashant Bhushan’s Plea In Connection With Delhi Riot

Lawstreet Journal 29 Feb 2020 9:32pm

Image courtesy: Lawstreet Journal Judiciary “Will hear only after Sabarimala is finished.” SC Said Refusing Prashant Bhushan’s Plea In Connection With Delhi Riot

On February 28, 2020 Supreme Court bench comprising Chief Justice of India S.A. Bobde, Justices B.R. Gavai and Surya Kant denied to hear urgent plea of Senior Advocate Prashant Bhushan demanding for separate investigation of Delhi riot with different wings investigating it, other than police. But court responded that they “Will hear only after Sabarimala (hearing) is finished.”

The apex court further said the court would first hear the Sabarimala case. A nine-judge Constitution Bench has been set up to decide the extent of religious freedom under Article 25 of Constitution of India, 1950 and on what would conform as essential religious practices. It was only on February 26, 2020 that Supreme Court judge Justice K.M. Joseph, while hearing the Shaheen Bagh protest case, commented on the “lack of professionalism” shown by the Delhi Police in not stopping people from making hate speeches, which led to the Delhi riots.

“If you had not allowed people to get away after inflammatory remarks, all this would not have happened,” Justice Joseph had said.

Justice Sanjay Kishan Kaul, who was the lead judge on the Shaheen Bagh Bench, had also described the instances of communal violence in Delhi as “deeply unfortunate”.

Petitioner citing spurt violence and questioning potential of Delhi police to carry out fair investigation said, “Look at what is happening in Delhi. Policemen themselves are complicit… They are siding with rioters.”

Bhushan said that law & order is an executive function while investigation is part of criminal justice system. To corroborate this… Continue Reading...


Tagged: Prashant Bhushan  
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