The Supreme Court of India has set October 3, 2023, as the date for the hearing of a plea lodged by Communist Party of India (Marxist) leaders Brinda Karat and KM Tiwari. The leaders are fervently pursuing the registration of First Information Reports (FIR) against Bharatiya Janata Party (BJP) leaders Anurag Thakur and Parvesh Verma. These FIRs are being sought on the grounds of alleged hate speeches delivered during election rallies in January 2020.

This announcement follows the third adjournment in the case, with the Supreme Court delivering an unequivocal message that there will be no further extensions for Delhi police. Justices Abhay S Oka and Pankaj Mithal, comprising the bench, are presiding over this pivotal case. The petition challenges the Delhi High Court's previous decision, where it refused to overturn a trial court's verdict that rejected the plea for FIR registration against the BJP leaders.

Despite the petitioners' resistance, the hearing was postponed at the request of the Delhi police. In an earlier instance, the court had granted the Delhi police commissioner additional time to submit a counter affidavit in response to the special leave petition.

During the recent hearing, Additional Solicitor-General SV Raju, representing Delhi police, drew attention to a crucial development. On January 9, the Supreme Court had directed the plea to be presented before the Chief Justice of India to explore the possibility of consolidating it with a cluster of petitions dealing with hate speech. The petitioners, however, contended that their case was unique compared to other hate speech pleas.

In response, the bench instructed the registry to solicit directives from the Chief Justice of India, pondering the potential similarities with ongoing hate speech cases.

The backstory to this case unfolds as Brinda Karat and KM Tiwari initially approached the Delhi High Court subsequent to the trial court's dismissal of their plea for FIR registration against the BJP leaders in August 2020. The trial court had insisted on prior sanction under Section 196 of the Code of Criminal Procedure, a stance fiercely disputed by the petitioners.

In June 2022, the Delhi High Court dismissed the writ petition lodged by Karat and Tiwari, citing the existence of an alternative remedy. However, in April 2023, the Supreme Court issued notice on their special leave petition against the Delhi High Court's decision, expressing skepticism regarding the magistrate's demand for prior sanction to register the FIR.

The upcoming October 3 hearing is poised to delve into these pivotal issues and potentially shape the fate of the plea for FIR registration against the BJP leaders.

Case Details: Brinda Karat & Anr. v. State of NCT of Delhi & Anr. | Special Leave Petition (Criminal) No. 5107 of 2023