Solicitor General Tushar Mehta told the Delhi High Court on Wednesday that it should wait for the response of the authorities concerned on the issue of lodging FIRs against alleged hate speeches by three BJP leaders in connection with the CAA violence.
A bench of justices S Muralidhar and Talwant Singh had earlier in the day asked Mehta to advise the police commissioner on the issue of lodging of FIRs against the leaders.
The court was hearing a plea seeking lodging of FIRs and arrests of those involved in the ongoing communal violence in parts of northeast Delhi over the Citizenship (Amendment) Act. It has left 20 people dead and over 180 injured.
During the hearing, Mehta said any decision taken now may aggravate the situation.
Delhi government's standing counsel Rahul Mehra contended however that there was no reason to not lodge the FIRs against the leaders.
Mehra said that FIR ought to be lodged against everyone involved in the violence.
Earlier in the day, the high court had said the situation outside was very unpleasant.
During the hearing, the court asked Mehta and Deputy Commissioner of Police (crime branch) Rajesh Deo if they had seen the video clip of BJP leader Kapil Mishra making alleged hate speeches.
While Mehta maintained that he does not watch television and has not seen those clips, Deo said he has watched the video of BJP leaders Anurag Thakur and Parvesh Verma, but has not of Mishra.
On the submission made by the police officer, Justice Muralidhar remarked, "I am really amazed at the state of affairs of the Delhi Police", and asked the court staff to play Mishra's video clip in the courtroom.
When the gathering in the jam-packed courtroom started hooting, the bench asked them to maintain decorum or else it will hold an in-camera proceedings.
At the outset, the hearing witnessed heated arguments between Mehta and Mehra, who raised objection over the appearance of the law officer on behalf of the police commissioner.
Mehra said the issue has been settled by the Constitution bench of the Supreme Court on the powers of the Centre and the Delhi government and everyone should respect the Rule of Law of the country.
Mehta contended that the Union of India is also a stakeholder in the matter and he has been instructed by the LG to appear.
"Don't create an ugly scene here. I am not addressing a rally. I am addressing the lordships here," he said, who was then allowed to advance arguments in the matter.
The SG urged the court to implead the Centre as a party in the petition as the issue involves law and order and requested that the matter be heard on Thursday.
He also said the statements by BJP leaders Verma and Thakur were made several days back and it was not urgent to be heard today.
The court observed, "Does that not make it even more urgent. When the commissioner was made aware of such statements, does he need someone to approach him to take action. As a law officer you answer whether this prayer (for lodging FIRs against three BJP leaders) is not urgent."
Mehta replied, "I am not saying it is not urgent, but it can wait till tomorrow.
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