W.P.(CRL) 1624/2020

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on:

25^th March 2022

Pronounced on: 13^th June 2022

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W.P.(CRL) 1624/2020 & CRL.M.A. 13859/2020

BRINDA KARAT & ANR.

... Petitioners

Through:

Ms. Tara Narula, Mr.

Adit S. Pujari, Ms. Aparajita Sinha

and Mr. Chaitanya Sundriyal,

Advocates

versus

STATE OF NCT OF DELHI THROUGH ITS STANDING

COUNSEL & ANR.

... Respondents

Through:

Mr. Amit Mahajan

and Mr. Rajat Nair, SPP with Mr.

Dhruv Pande and Mr. Kritagya

Kumar Kait, Advocates

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

J U D G M E N T

CHANDRA DHARI SINGH, J.

“यद्यदाचरतिश्रेष्ठस्ित्तदेवेिरोजनः।सयत्प्रमाणंकुरुिेलोकस्िदनुवितिे।।”

1.

The shloka from Bhagwad Gita succinctly states - whatever action

is performed by a leader, common men follow in his footsteps; and

whatever standards he sets by his acts, are pursued by his subjects. “With

great power comes great responsibilities” - goes another popular quote.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002321

W.P.(CRL) 1624/2020

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The persons who are mass leaders and occupy high offices must conduct

themselves with utmost integrity and responsibility. Leaders elected in a

democracy like that of India, owe their responsibility not only towards the

electorate in their own constituency, but also towards the society/nation

as a whole and ultimately to the Constitution. It is they who are the role

models for the ordinary masses. Thus, it does not befit or behove the

leaders to indulge in acts or speeches that cause rifts amongst

communities, create tensions, and disrupt the social fabric in the society.

2.

Hate speeches especially delivered by elected representatives,

political and religious leaders based on religion, caste, region or ethnicity

militate against the concept of fraternity, bulldoze the constitutional

ethos, and violates Articles 14, 15, 19, 21 read with Article 38 of the

Constitution and is in blatant derogation of the fundamental duties

prescribed under Article 51-A (a), (b), (c), (e), (f), (i), (j) of the

Constitution and therefore warrant stringent peremptory action on the part

of Central and State Governments.

3.

The instant petition arises out of the impugned order of dismissal

of Application of Petitioners under Section 156 (3) of Code of Criminal

Procedure, 1973 (hereinafter referred to as the “Code”) dated 26.08.2020

passed in Ct. Case No. 04/2020 titled Brinda Karat & Anr. v. State, by the

Court of the Ld. Additional Chief Metropolitan Magistrate (I), Rouse

Avenue Courts, Delhi (hereinafter referred to as the “ACMM”). By way

of the instant petition, the petitioners have prayed as under:

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002321

W.P.(CRL) 1624/2020

Page 3 of 66

FACTUAL MATRIX

4.

The matter has arisen out of the facts as detailed hereunder:

a.Both the petitioners are politicians of the Communist

Party of India (Marxist) (hereinafter “CPI(M)”). As per

the contents of the petition, Petitioner No. 1 is a member

of the Polit Bureau of the CPI(M) and a former Member

of Parliament. Petitioner No. 2 is a member of the Central

Committee of the CPI(M), in addition to being the

Secretary of Delhi State Committee of CPI(M).

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002321

W.P.(CRL) 1624/2020

Page 4 of 66

b.It is the petitioners’ case that on 27^th January 2020, Mr.

Anurag Thakur, a Union Minister and Member of

Parliament, allegedly made a hate speech at a rally in

Rithala shouting the slogan “desh ke gaddaron ko'' and

exhorting the crowd to respond with “goli maaron saalon

ko”.

c.It is further alleged that on 28^th January 2020, Mr.

Parvesh Verma, Member of Parliament from West Delhi

Lok Sabha Constituency, made inflammatory hate

speeches while campaigning for the Bharatiya Janata

Party (hereinafter “BJP”). Allegations are also levelled

against him