The Supreme Court Friday asked activist Harsh Mander to file response to the allegations of Delhi Police that he made hate speeches including certain objectionable remarks against the top court during anti-CAA protests here.
A bench, comprising Chief Justice S A Bobde and Justices B R Gavai, made clear however that it has not issued a contempt notice to Mander on the plea of Delhi Police alleging "derogatory remarks", making insinuations against the apex court and its judges and said that the plea would now be heard on April 15.
Senior Advocate Dushyant Dave, appearing for the activist, alleged that the government was trying to "brow beat" Mander and there was nothing "objectionable" and "contemptuous" in his speeches.
"There is nothing contemptuous, disparaging or inflammatory in his speeches", Dave said, adding, "I am concerned that the Government is willing to shoot the messenger, while not taking action against the real perpetrators".
At the outset, Solicitor General Tushar Mehta, appearing for Delhi Police, referred to another speech of Mander and said its contents are also "contemptuous".
The bench then asked the top law officer to file the contents of the other speech also by filing another affidavit which can be responded to by Mander as well.
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"You (Mander) can file a reply to the affidavit (of Delhi police)," the bench said, adding that the matter can be referred to some other bench if the nine-judge bench hearing the Sabarimala review could not conclude the hearing by April 15.
Verbal exchanges took place during the hearing between Dave, representing Mander, and the law officer who opposed advancing of arguments by another senior advocate Rajeev Dhavan in favour of the activist.
"How many lawyers can argue on behalf of Mander in one case," the Solicitor General said, adding that he would always bring to the notice of the court if somebody makes objectionable remarks against the court and its majesty.
Dave said he would "beseech" the law officer to file same kind of affidavits against BJP leaders for making hate speeches which led to violence in northeast Delhi, killing at least 44 people and injuring over 200.
The Solicitor General opposed the submission of Dave that he would be the first person to bring to the notice of the court if somebody makes a statement against the court and alleged Dave will be the "last person" to do that.
Dave challenged the law officer to file contempt plea against him.
The CJI intervened and got irked when he could not complete his observations on the issue.
"We will not appreciate this. We are not allowed to complete a single sentence," the bench said, making it clear that the matter will be heard after conclusion of the hearing in the Sabarimala case.
Delhi Police, on March 4, had filed an affidavit in the top court against Mander seeking initiation of contempt proceedings against him for alleged "derogatory remarks" making insinuations against the apex court and its judges.
"It is submitted that I have come across a video clip showing Harsh Mander delivering a speech which is not only instigating the violence but is also seriously contemptuous as it makes derogatory remarks against the Supreme Court of India to a huge gathering of people," said the six-page affidavit filed by Rajesh Deo, Deputy Commissioner of Delhi Police, Legal cell.
"This clip is freely available on social media. Harsh Mander is known for taking contemptuous stand and bringing the judiciary, as an institution and individual judges to disrepute," the affidavit had said.
The top court on March 4 had taken strong note of the allegations that Mander, who sought lodging of FIRs against some BJP leaders, has also made certain objectionable remarks against the top court, "majesty of law", the government and Parliament.
It not only refused to hear Mander till the issue of his alleged hate speech is "sorted", but also kept his petition to itself.
It had however remanded to the Delhi High Court a plea filed by 10 riot victims, seeking registration of FIRs against ruling Bharatiya Janata Party (BJP) leaders Anurag Thakur, Kapil Mishra, Parvesh Verma and Abhay Verma for allegedly making hate speeches ahead of last month's communal violence in northeast Delhi.
The high court was also asked to decide the pleas expeditiously.
Mander had sought registration of FIRs against certain BJP leaders for allegedly delivering hate speeches and had moved the top court after the hearing was adjourned till April 13.