Brinda karat and anr. v. state and anr. (defects cleared)

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IN THE HIGH COURT OF DELHI AT NEW DELHI
EXTRAORDINARY CRIMINAL JURISDICTION
WP (CRL.) NO. OF 2020
IN THE MATTER OF:
BRINDA...

Procedure, 1973 filed before the Ld. ACMM,
Rouse Avenue Courts, Delhi along with
Annexures
10. ANNEXURE P-5 (Colly.)
True ...

18. ANNEXURE P-13
True copy of the video of the interview of Accused
No.2 dated 28.01.2020 available on the officer
ANI Tw...

IN THE HIGH COURT OF DELHI AT NEW DELHI
[EXTRA ORDINARY CRIMINAL JURISDICTION]
WP(CRL.) NO. ________ OF 2020
IN THE MATTER...

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IN THE HIGH COURT OF DELHI AT NEW DELHI
[EXTRA ORDINARY CRIMINAL JURISDICTION]
WP (CRL.) NO. ________ OF 2020
IN THE MATTE...

IN THE HIGH COURT OF DELHI AT NEW DELHI
[EXTRA ORDINARY CRIMINAL JURISDICTION]
WP (CRL.) NO. ___________ OF 2020
[PETITION...

SYNOPSIS AND LIST OF DATES
The Petitioners have preferred the present Writ Petition under
Articles 226/227 of the Constitu...

Section 156(3) CrPC is not maintainable. The Ld. ACMM has
erred in that the judgement and the findings therein concerns
sa...

PC Act is a prerequisite to maintain an Application under
S.156(3) CrPC, to a larger bench.
E. It is further submitted tha...

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Constitution to the Respondent State to widely publicize the
manner in which prior sanction can be obtained by a
complaina...

speech at a rally shouting the slogan “desh ke
gaddaron ko, goli maaron saalon ko”.
27.01.2020-
28.01.2020
Mr. Parvesh Ver...

31.01.2020 The Petitioners addressed a follow-up
representation reiterating their request for
immediate registration of FI...

23.02.2020-
26.02.2020
Kapil Mishra issued an ultimatum to the Delhi
police threatening to clear the protestors at Jaffrab...

setting aside of the order dated 02.03.2020 passed
by the Ld. ACMM, Rouse Avenue, and directions
to the court to pass orde...

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IN THE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL EXTRAORDINARY JURISDICTION
WP (CRL.) NO. OF 2020
IN THE MATTER OF:
BRINDA...

despite cognizable offences being made out. The Ld. ACMM,
by way of his order dated 26.08.2020 passed in Ct. Case. No.
04/...

mentioned complaints and reiterating the request that FIRs be
immediately filed against the accused persons. The
represent...

of violence and also a full-scale riot which has resulted in the
death of about 53 persons and large-scale destruction of
...

Status Report dated 11.02.2020 is annexed herewith and marked
Annexure P-6.
10. Thereafter, on 26.02.2020, The police file...

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Respondents, and granted time to the Union of India to file a
detailed counter affidavit and adjourned the matter to
13.04...

No.1 inciting and instigating the large crowd present at the
rally which included his supporters and BJP members to
attack...

one hour, a statement that is clearly a threat to use force
against peaceful protestors at Shaheen Bagh, majority of
whom ...

aforesaid statement of Accused No.2, is hence provocative
and deliberately intended to incite hatred and enmity
against me...

report dated 29.01.2020 which replicated the Hindu Sena
press release is already annexed to the Application under
Section ...

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the ECI are prima facie recognition of the commission of
hate speeches by the accused persons.
j. On 30.01.2020, a man who...

m. On 02.02.2020, the Chief Minister of Uttar Pradesh, Ajay
Bisht / Yogi Adityanath, while campaigning for BJP in
Delhi, m...

the DCP, District New Delhi/DCP concerned returnable on
11.02.2020.
s. The Deputy Commissioner of Police, New Delhi filed ...

u. On 23.02.2020, Kapil Mishra threatened to take the streets
and gave a three-day ultimatum to the Delhi Police to clear
...

On 02.03.2020, BJP supporters marching in procession to
Union Home Minister, Amit Shah’s rally in Kolkata were
heard shout...

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Authority. Public policy and the interest of justice demand that
this Hon’ble Court form a view on the content of the spee...

Court, and there is no compulsion to follow findings of the
Hon’ble Supreme Court, without appreciating the correctness of...

d. A draft charge-sheet prepared by an investigating agency
competent so to do;
Moreover, it is evident that there cannot ...

I. FOR THAT a 3 Judge Bench of the Hon’ble Supreme Court in
the case of Gopal Das Sindhi v. State of Assam reported in AIR...

to hold that, in the absence of prior sanction, the Petitioners’
Application under Section 156(3) CrPC is not maintainable...

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particularly true in the instant case, which sought registration of
an FIR for offences relating to hate speech uttered by...

Q. FOR THAT the Court of Sh. Vishal Pahuja, Ld. ACMM-01,
Rouse Avenue Court is a Designated Special Court to deal with
cas...

v. State of UP or the Constitution Bench decision in Lalita
Kumari v. State of UP, there is evidently no requirement for
s...

for taking cognisance, not investigation. The Complainant is
effectively being asked to step into the shoes of the investi...

that the violence that broke out in North-East Delhi in February
2020 was clearly preceded and incited by BJP leaders. The...

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hate speech and promotes feelings of enmity, hatred and ill-will
against the Muslim community. The statements of Accused
N...

wholly incendiary speeches complained of in the subject
Application, as also those delineated hereinabove.
GG. FOR THAT th...

20. PRAYER
In the facts and circumstances described hereinabove, it is most
respectfully prayed that this Hon’ble Court be...

IN THE HIGH COURT OF DELHI AT NEW DELHI
EXTRAORDINARY CRIMINAL JURISDICTION
BRINDA KARAT AND ANR.
STATE OF NCT OF DELHI
AN...

5. That the accompanying annexures are true/typed copies of
their originals.
6. That the Deponent has not preferred any si...

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IN THE HIGH COURT OF DELHI AT NEW DELHI
EXTRAORDINARY CRIMINAL JURISDICTION
WP (CRL.) NO. OF 2020
IN THE MATTER OF:
BRINDA...

5. That the accompanying annexures are true/typed copies of
their originals.
6. That the Deponent has not preferred any si...

Ct. Case No. 04/2020
PS P.T. Street
u/s 156(3) Cr.P.C.
Brinda Karat and another v. State
26.08.2020
Present : Ld. Counsels...

4. For prosecution of respondents u/s 153A/153B/295A/505 IPC the prior sanction
of competent authority i.e. Central Govern...

no prior sanction, the Magistrate cannot order investigation against a
public servant while invoking powers under section ...

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complaint, or upon a police report or upon information received from any
person other than a police officer, or upon his k...

7. Similar view was reiterated and held by Hon’ble Apex Court in L. Narayana
Swamy v. State of Karnataka & ors. Criminal A...

case in hand as well. The contention of the Ld. Counsels for the complainants in this
respect is misconceived and cannot b...

BRINDA KARAT
Member, Polit Bureau, CPI(M)
Former Member, RajYa Sabha
29.01.2020
The Commissioner of Police
Police Headquar...

BRINDA KARAT Member, Polit Bureau, CPI(M)
Former Member, Rajya Sabha
"Yeh log aapke gharon mein ghusenge, aapki behen beti...

BRINDA KARAT
Similarly, on 27.1.2010, Mr. Anurag Thakur while campaigning for a !{!
candidate, Manish choudhury in Rithala...

BRINDA KARAT Member, Polit Bureau, CPI(M)
Former Member, Rajya Sabha
January 31,2020
Shri Amulya Patnaik
Commissioner of P...

BRINDA KARAT Member, Polit Bureau, CPI(M)
Former Member, Raiya Sabha
February 2, 2020
The $HO
Parliament Street Police Sta...

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ANNEXURE P-4
55

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Ct. Cases 04/2020
Brinda Karat and another v. State
05.02.2020
Fresh application u/s 156(3) Cr.P.C. moved. It be checked a...

Ct case 04/2020
Brinda Karat and anr. v. State
11.02.2020
Present : SI Kuldeep Yadav from the office of DCP, New Delhi Dis...

The request of further time is opposed by the Ld. Counsel for
the complainant submitting that the situation is already vol...

ANNEXURE P-6
142

143

144

ANNEXURE P-7
145

146

147

148

149

Ct. no. 04/2020
PS P.T. Street
u/s 156(3) Cr.P.C.
Brinda Karat and anr. v. State
26.02.2020
Present : Ld. Counsels Ms. Tar...

W.P.(Crl) 565/2020 Page 1 of 5
$~81
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(Crl.) 565/2020
HARSH MANDER & ANR. .....

W.P.(Crl) 565/2020 Page 2 of 5
Commissioner of Police (North-East) [DCP (NE)], a serious objection was
raised in the post ...

W.P.(Crl) 565/2020 Page 3 of 5
India. This is a speech delivered on 21st
January, 2020.
5. The second clip is of an interv...

W.P.(Crl) 565/2020 Page 4 of 5
the police at a ‘conducive’ time.
9. When asked to elaborate which is this ‘conducive time’...

W.P.(Crl) 565/2020 Page 5 of 5
Supreme Court in Lalita Kumari v. Government of Uttar Pradesh (2014) 2
SCC 1 and go strictl...

$~42
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 565/2020
HARSH MANDER & ANR ..... Petitioners
Through: Mr. Colin...

GNCTD
Mr. Barun K. Sinha and Mr.
Pratibha Sinha, Advs. for
applicant seeking impleadment
Mr. P.V. Surendra Nath, Sr.
Advoc...

2. Mr. Arun Bhardwaj, Central Govt. Standing Counsel waives
notice on behalf of respondent no. 4/Union of India.
3. Pursua...

Ct. Case no. 04/2020
PS: Parliament Street
Brinda Karat and anr. v. State
02.03.2020
Present : Ld. Counsel Ms. Tara Narula...

and pass appropriate orders.
Submissions heard. Record perused.
It is pertinent to note that in the writ petition mentione...

W.P.(CRL) 670/2020 Page 1 of 2
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 670/2020 & CRL.M.A. 5139/2020
BR...

W.P.(CRL) 670/2020 Page 2 of 2
3. In view of this limited submission, we hereby direct CMM-I, Rouse
Avenue Courts, to deci...

Mr. Anurag Thakur’s speech made in Rithala on 27.01.2020
ANNEXURE P-12
163

Mr. Parvesh Verma’s interview to ANI dated 28.01.2020
ANNEXURE
P-13
164

IN THE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL EXTRAORDINARY JURISDICTION
WP (CRL.) NO. OF 2020
IN THE MATTER OF:
BRINDA...

Muslim community. Following such speeches, several incidents of
violence took place culminating in the riots in the end of...

well-publicize the mode and method of applying for such sanction
and place the said information in the public domain. Pert...

prosecution for offences mentioned in Sections 195, 196, and
197 of the Code of Criminal Procedure, 1973; and
d) Pass such...

IN THE HIGH COURT OF DELHI AT NEW DELHI
EXTRAORDINARY CRIMINAL JURISDICTION
IA NO. OF 2020
IN
WP (CRL.) NO. OF 2020
IN THE...

That the accompanying annexures are true/typed copies of4.
the originals.
That the Deponent has not preferred any similar ...

IN THE HIGH COURT OF DELHI AT NEW DELHI
EXTRAORDINARY CRIMINAL JURISDICTION
IA NO. OF 2020
IN
WP (CRL.) NO. OF 2020
IN THE...

5. That the Deponent has not preferred any similar or other
petition in the above-mentioned matter.
----e.tQ.,,��l�)-l__�
...

IN THE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL EXTRAORDINARY JURISDICTION
WP (CRL.) NO. OF 2020
IN THE MATTER OF:
BRINDA...

prescribed layout, i.e., margins, spacing, etc. as specified. The
Petitioner is therefore seeking leave leave/exemption fr...

IN THE HIGH COURT OF DELHI AT NEW DELHI
EXTRAORDINARY CRIMINAL JURISDICTION
IA.NO. OF 2020
IN
WP (CRL.)NO. OF 2020
IN THE ...

That the Deponent has not preferred any similar or other
.
petition in the above-mentioned matter.
DEPONENNT
VERIFICATION:...

IN THE HIGH COURT OF DELHI AT NEW DELHI
EXTRAORDINARY CRIMINAL JURISDICTION
IA NO. OF 2020
IN
WP (CRL.) NO. OF 2020
IN THE...

That the Deponent has not preferred any similar or other
5.
petition in the above-mentioned matter.
VERIFICATION:
DEPONENT...

OF DOML AT NE N DCHL.IN THE COURT OF.. GM. 0v KI
"******"****" * ************"********"*********"*************************...

GOVERNMENT OF NCT OF DELHI
e-Court Fee
DATE&TIME
05-OCT2020 13:30:40NAMES OF THE ACC/
REGISTERED USER: TARA NARULALOCATION...

Tara Narula <tara@narulaandassociates.com>
Filing of fresh Writ Petition (Crl.) titled Brinda Karat and Anr. v. State and ...

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