The Delhi HC issues notice in a petition seeking computation of damage caused to public as well as private property during the Delhi Riots

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A petition is filed before the Delhi High Court with a plea to commute damage caused to the public properties as well as the private properties during the Delhi riots in which the Delhi High Court had ordered notice.

Brief facts:

The Citizenship (Amendment) Bill, 2019 was duly passed by both Lok Sabha and Rajya Sabha after extensive discussions and heated debates on 9.12.2019 and 11.12.2019. The bill was presented for the approval of President of India who gave his assent on 12.12.2019 following which the Citizenship (Amendment) Bill, 2019 became an Act. Subsequent to the enactment of Citizenship (Amendment) Act, 2019, many protests broke out in different parts of the nation against the act stating that the said act is discriminatory and against the constitution of India which propagates secularism, as the act does not include Muslims who suffered religious persecution in the stated countries.

Ever since the passing of the Citizenship Amendment Act, there have been various protests conducted against the said act at different parts of the city. To counter the same various marches supporting the said citizenship act were also conducted in the city. Such being the case on 23rd February, 2020 Kapil Mishra, a BJP leader addressed the gathering in Maujpur supporting the CAA. It was alleged that he had made statements hurting the feelings of minorities which led to the provocation of violence. Soon after the statements made by Mishra violence erupted leading to the damage of public and private properties in the locality.

It was alleged that on the first day it was just a protest against the alleged hate speech given by Kapil Mishra. On the following day the protestors allegedly started to throw stones on the police and on the third day violence erupted all over the city. The riots which took place between February 23rd to 24th had nearly claimed around 52 lives leaving more than 500 people injured. Further more than 300 shops and housed were burnt down and also damaged several public and private properties.

Several petitions have been filed before the Delhi High court stipulating to the Delhi Riots. One petition is filed against the hate speech delivered by the political parties. Another One petition has been filed seeking to establish a special investigation team to enquiry the cases relating to Delhi riots. All these petitions were admitted and were listed on 12th March, 2020.

While so, on 12th March, 2020, one Mr.Deepak Madan has filed a petition seeking to compute the damage caused to public as well as private properties during the riots. The petition further seeks to take action against various other political leaders who delivered hate speeches. The petitioner seeks action under Section 153A, 147, 148 and 149 of the Indian Penal Code along with Section 3 and section 4 of the Damage to Public Property Act. The petition also prays to attach their properties in order to recover the damages.

Following this petition the Delhi High Court has ordered to issue to notice to Delhi police and the political leaders mentioned in the petition calling upon them to file their replies to the said petition. The court directed to post all the matters concerning the Delhi riots on 20th March, 2020.

Edited by J. Madonna Jephi

Approved & Published – Sakshi Raje

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