The Delhi Police should extend the same alacrity to act against leaders who spewed hate and led to 53 deaths in Delhi riots as they are showing against activist Harsh Mander for his “contemptuous speech”, senior advocate Dushyant Dave told the Supreme Court on Friday.
Mr. Dave was reacting to submissions made by Solicitor General Tushar Mehta, for the Delhi Police, that an affidavit had been filed promptly detailing Mr. Mander's alleged transgressions.
“He [Mr. Mehta] should bring the same kind of affidavit against the leaders who indulged in hate speeches and led to the deaths of 53 people”, Mr. Dave, appearing for Mr. Mander, said before a Bench led by Chief Justice of India Sharad A. Bobde.
On March 4, this Bench stopped Mr. Mander from participating in a hearing on a batch of petitions seeking the immediate registration of FIRs against leaders who instigated communal violence in Delhi with their hate speeches.
Mr. Mander was, in turn, accused of making disparaging remarks about the Supreme Court in a public speech.
Mr. Mehta had accused Mr. Mander of “instigating people”. He said there was a video clip showing Mr. Mander goading people, saying “ultimate justice” has to be made available on the streets and cannot be got from either the Supreme Court or Parliament.
The police promptly within hours, on March 4, filed an affidavit listing its accusations against Mr. Mander.
On Friday, Mr. Dave said the police were showing the court only a leaked extract of the speech. “There was nothing contemptuous, seditious or disparaging in his [Mander’s] speech”, Mr. Dave countered.
Mr. Mehta submitted that the police had unearthed another “contemptuous” speech made by Mr. Mander. He urged the Bench to issue a contempt notice against Mr. Mander. He said the purpose behind such speeches was to “disrupt the institution”.
Mr. Dave countered, “There is no disruption of this institution... Instead, the government is obstructing my right to move this court... this institution. The government wants to shoot the messenger. I am being put in the dock for coming to this court in the first place. This is a serious matter. My right to move the court is being seriously harmed”.
It was Mr. Mander’s petition that made the Delhi High Court assemble at midnight recently and order the police to ensure the safe passage and medical treatment for the riot victims.
Senior advocate Rajeev Dhavan said the court cannot be seen to issue contempt notice on the basis of “some affidavit filed here or there”.
For this, Mr. Mehta said Mr. Mander cannot have more than one counsel representing him.
But Chief Justice Bobde intervened to clarify that the court has not issued any notice of contempt against Mr. Mander. “We are only now giving him time to file his response”, he said.
Mr. Dave, who is also the president of the Supreme Court Bar Association, said he would be the first to oppose any act of contempt against the apex court.
When Mr. Mehta began to express his doubts about that, Mr. Dave turned to him and said “if you allege that I am acting contemptuous against the Supreme Court, I openly challenge you to bring contempt against me. The government is trying to browbeat”.
