Tripura violence SC allows petitioner seeking independent probe to move HC
New Delhi Feb 25 PTI The Supreme Court on Friday allowed a petitioner seeking an independent and impartial probe by an SIT into the alleged incidents of violence which took place in Tripura last year to move the state High Court which is seized of a similar matter A bench of Justices DY Chandrachud and Surya Kant also directed the state police to not take any coercive action against petitioner Ethesham Hashmi in case he chooses to appear before the Tripura High Court physicallyWe permit the petitioner to assist the High Court so that a comprehensive view can be taken from all aspects including those which are raised in proceedings under Article 32 of the Constitution In view of the apprehensions which have been expressed on behalf of the petitioner and without this court expressing any opinion on the merits of the apprehension we permit the petitioner to make a request to Chief Justice of the High Court to be allowed to make a submission through counsel on the video conferencing platform the bench said Advocate Prashant Bhushan appearing for Hashmi said that in case the petitioner chooses to go there he should not be subjected to any coercive action by the police Solicitor General Tushar Mehta appearing for the Tripura government said that the petitioner should not make any provocative and inflammatory posts on social media He will not post any inflammatory post The court may consider mentioning in the order that our contentions are also left open in the matter It cannot be objected to if the High Court is examining the issue We would also raise issues about the intention behind this petitioner The High Court has taken up the matter suo motu we will assist it Mehta saidBhushan added that the petitioner has posted about the report which he has given publicly about the violence which took place there and damage that was caused to the mosque and other placesThe bench then added in its order We clarify that in the event the petitioner seeks to appear physically before the High Court no coercive steps shall be taken by the Tripura police Nor shall any precipitate action be taken which would impede his access to justice All the rights and contentions of the parties are left open on the merits of the proceedings The proceedings should take place expeditiously Mehta submitted they have absolutely no difficulty about the High Court going into merits but the government may also be permitted to raise contentions about the credentials of the petitionerThe bench noted that a division bench of the High Court of Tripura headed by the Chief Justice has entertained the Public Interest Litigation in suo motu under Article 226 of the Constitution and has passed certain orders on the issue The High Court is evidently seized of the suo motu proceedings Having regard to the above position it would be appropriate if the issue which are sought to be highlighted by the petitioner in these proceedings under Article 32 of the Constitution are permitted to be raised before the High Court by the petitioner by filing a suitable application for intervention it said At the outset Bhushan submitted that the issue relates to Tripura violence which took place last year in which mosques were burnt and damage was caused to public propertyHe said that the plea seeks independent and impartial investigation by an SIT constituted for the purpose and direction is being sought for following guidelines concerning hate speechBhushan added that the state government was earlier denying that no violence took place and later started targeting those persons who exposed the violent incidentsHe added that the state government has filed a status report in the High Court in which it has accepted that some of the incidents have indeed taken place which it was earlier denying The bench said that when the High Court is seized of the matter then it would not be appropriate for this court to go into the issue as it would like expressing no confidence in the High CourtMehta said that it would have been better if the petitioner had the same alacrity to highlight the violence happening in other states also Bhushan said that the High Court is seized of the matter which relates to compensation and other issues but not the issues which are raised in the present PILThe bench permitted the petitioner to file an intervention application before the High Court and raise the issues which are sought to be raised in the top courtOn January 24 the top court was told by Bhushan that it was totally unbecoming of the Tripura government to indulge in whataboutery on the issue of alleged communal violence in the State In its reply affidavit the Tripura government has told the top court that public-spirited citizens seeking an independent probe into the recent communal riots in the state have come with unclean hands and that under the garb of public interest the forum of this court is being used for oblique purpose The north-eastern state had last year witnessed incidents of arson looting and violence after reports emerged from Bangladesh that Hindu minorities there had been attacked during Durga Puja on allegations of blasphemy The plea by Hashmi has alleged that police authorities were hand in glove with the perpetrators and not a single arrest was made concerning the rioters responsible for vandalism and arson PTI MNL MNL RKS RKS
New Delhi Feb 25 PTI The Supreme Court on Friday allowed a petitioner seeking an independent and impartial probe by an SIT into the alleged incidents of violence which took place in Tripura last year to move the state High Court which is seized of a similar matter A bench of Justices DY Chandrachud and Surya Kant also directed the state police to not take any coercive action against petitioner Ethesham Hashmi in case he chooses to appear before the Tripura High Court physicallyWe permit the petitioner to assist the High Court so that a comprehensive view can be taken from all aspects including those which are raised in proceedings under Article 32 of the Constitution In view of the apprehensions which have been expressed on behalf of the petitioner and without this court expressing any opinion on the merits of the apprehension we permit the petitioner to make a request to Chief Justice of the High Court to be allowed to make a submission through counsel on the video conferencing platform the bench said Advocate Prashant Bhushan appearing for Hashmi said that in case the petitioner chooses to go there he should not be subjected to any coercive action by the police Solicitor General Tushar Mehta appearing for the Tripura government said that the petitioner should not make any provocative and inflammatory posts on social media He will not post any inflammatory post The court may consider mentioning in the order that our contentions are also left open in the matter It cannot be objected to if the High Court is examining the issue We would also raise issues about the intention behind this petitioner The High Court has taken up the matter suo motu we will assist it Mehta saidBhushan added that the petitioner has posted about the report which he has given publicly about the violence which took place there and damage that was caused to the mosque and other placesThe bench then added in its order We clarify that in the event the petitioner seeks to appear physically before the High Court no coercive steps shall be taken by the Tripura police Nor shall any precipitate action be taken which would impede his access to justice All the rights and contentions of the parties are left open on the merits of the proceedings The proceedings should take place expeditiously Mehta submitted they have absolutely no difficulty about the High Court going into merits but the government may also be permitted to raise contentions about the credentials of the petitionerThe bench noted that a division bench of the High Court of Tripura headed by the Chief Justice has entertained the Public Interest Litigation in suo motu under Article 226 of the Constitution and has passed certain orders on the issue The High Court is evidently seized of the suo motu proceedings Having regard to the above position it would be appropriate if the issue which are sought to be highlighted by the petitioner in these proceedings under Article 32 of the Constitution are permitted to be raised before the High Court by the petitioner by filing a suitable application for intervention it said At the outset Bhushan submitted that the issue relates to Tripura violence which took place last year in which mosques were burnt and damage was caused to public propertyHe said that the plea seeks independent and impartial investigation by an SIT constituted for the purpose and direction is being sought for following guidelines concerning hate speechBhushan added that the state government was earlier denying that no violence took place and later started targeting those persons who exposed the violent incidentsHe added that the state government has filed a status report in the High Court in which it has accepted that some of the incidents have indeed taken place which it was earlier denying The bench said that when the High Court is seized of the matter then it would not be appropriate for this court to go into the issue as it would like expressing no confidence in the High CourtMehta said that it would have been better if the petitioner had the same alacrity to highlight the violence happening in other states also Bhushan said that the High Court is seized of the matter which relates to compensation and other issues but not the issues which are raised in the present PILThe bench permitted the petitioner to file an intervention application before the High Court and raise the issues which are sought to be raised in the top courtOn January 24 the top court was told by Bhushan that it was totally unbecoming of the Tripura government to indulge in whataboutery on the issue of alleged communal violence in the State In its reply affidavit the Tripura government has told the top court that public-spirited citizens seeking an independent probe into the recent communal riots in the state have come with unclean hands and that under the garb of public interest the forum of this court is being used for oblique purpose The north-eastern state had last year witnessed incidents of arson looting and violence after reports emerged from Bangladesh that Hindu minorities there had been attacked during Durga Puja on allegations of blasphemy The plea by Hashmi has alleged that police authorities were hand in glove with the perpetrators and not a single arrest was made concerning the rioters responsible for vandalism and arson PTI MNL MNL RKS RKS
