New Delhi, 03 August (H.S.): The Supreme Court has dismissed a review petition filed by Communist Party of India (Marxist) leader Brinda Karat seeking registration of an FIR against BJP leaders Anurag Thakur, Parvesh Verma and Kapil Mishra in connection with alleged hate speech. The order was passed by a bench headed by Justice Vikram Nath.

Brinda Karat had sought a review of the Supreme Court’s April 29 order. On April 29, the apex court had partly allowed Karat’s plea and observed that the mandatory sanction required for initiating prosecution against Anurag Thakur had not been obtained.

The Delhi High Court had earlier dismissed Brinda Karat’s petition, following which she approached the Supreme Court. While rejecting her plea, the High Court had observed that the petitioner had not availed the other legal remedies available under the law. The court had also clarified that the trial court had not examined the merits of the case but had decided the matter on the issue of jurisdiction.

On August 26, 2020, the Rouse Avenue Court had dismissed Brinda Karat’s application, stating that the necessary sanction from the Central government had not been obtained in the matter and therefore an order for registration of an FIR could not be passed.

The trial court had relied upon the Supreme Court’s judgment in the case of Anil Kumar and Others versus M.K. Aiyappa and Others, which held that an investigation against a public servant cannot be ordered without prior sanction from the competent authority.

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Hindusthan Samachar / Jun Sarkar