synopsis

The two Congress leader have told the Supreme Court that no allegations under Section 153B (Imputations, assertions prejudicial to national-integration) of the Indian Penal Code (IPC) can be made against them and that they were selectively picked up, giving way a larger conspiracy behind the exercise.

Congress leaders Rahul Gandhi and Sonia Gandhi on Tuesday opposed a Public Interest Litigation (PIL) seeking registration of FIR against them for alleged hate speeches given during the anti CAA-NRC protests igniting the communal violence in north-east Delhi in February 2020.

On Tuesday, the Congress leaders filed their replies before the Delhi High Court opposing a PIL filed by NGO Lawyers Voice which also sought constitution of an independent SIT to investigate the matter. Earlier, the Court had allowed the applications seeking impleadment of concerned political leaders.

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The two Congress leader have told the Supreme Court that no allegations under Section 153B (Imputations, assertions prejudicial to national-integration) of the Indian Penal Code (IPC) can be made against them and that they were selectively picked up, giving way a larger conspiracy behind the exercise.

"The acts have fallen on independent, non-conformist sections and leaders of the opposition parties. Meanwhile, a series of speeches made by the members of the ruling party, which squarely fall within the gambit of the sections the petitioner seeks to invoke against the answering respondent, have been conveniently left out by the petitioner, revealing the coloured nature of the exercise," the replies read.

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Earlier on Monday, a bench of justices Siddharth Mridul and Amit Sharma adjourned the hearing in the pleas due to paucity of time and posted them for further hearing on September 27.

Saying that they are major leaders of the opposition, the Gandhis said they have a fundamental duty towards the citizen of the country to call and criticize bills passed by the ruling government which are detrimental to the rights of the people.

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They asserted that freedom of speech and expression is the basic fundamental right, the Gandhis in two separate replies, said that to prevent a citizen from forming, holding, expressing a bonafide opinion in public interest on a bill passed by the Parliament is not a reasonable restriction and it violated the basic principles on which our democracy is founded.