The Supreme Court on Monday granted one week’s time to the State of Tripura to respond to a writ petition seeking an independent investigation into the communal riots which took place in the State during November last year.
When the matter was called out on Monday before the bench of Justices DY Chandrachud and AS Bopanna, Solicitor General Tushar Mehta prayed for one week time to be able to file the response.
Advocate Prashant Bhushan, for the petitioner-advocate Ehtesham Hashmi, told the bench that notice was issued on November 29, 2021, and further time for filing of reply was taken on December 13, 2021, but till today, no reply has been forthcoming from the state of Tripura in this matter of “”serious communal violence”.
At this, the SG told the bench, “I will file an affidavit-in-reply in 1 week and will raise certain issues which my learned friend would have to deal with. There are very serious issues”.
“I find this practice very strange that notice was received more than a month ago, they asked for further time a month ago, 4 weeks were given, the matter listed was today, and today again they tell the Court that we will need 1 more week for reply? This is encouraging similar acts…”, said Bhushan.
The SG responded, “My learned friend can find many things strange, but what about this selective public interest? I will place this on affidavit! They are lawyers. For one state, they suddenly jump, but there is nothing for other states! Now they have their own team, they go and prepare self-styled documents, they call it a report and then they file a PIL for one state! And I am not going beyond anything in saying this, I will put all this in the affidavit! “
Justice Chandrachud remarked that in the instant matter, “It is important for the court to have the response of the state to do justice”.
The bench then granted 1 more week’s time to the state of Tripura to place on record any further pleadings.
The petition prays for an issue of writ or other direction or order to ensure that an independent, credible and impartial investigation is conducted into the incidents of violence against the Muslim community as evidenced by the fact-finding report titled “Humanity Under Attack in Tripura, #MuslimLivesMatter” dated 02.11.2021 by an SIT or otherwise as deemed appropriate by the Court.
On November 29, 2021, Advocate Prashant Bhushan, for the petitioner, advanced, “We have shown the manner in which the police are investigating the matter, we have mentioned as to what they are not doing which they ought to have been doing- Not registering FIRs, sending 41 a notices to lawyers who had produced that fact-finding report, invoking UAPA against journalists who had reported about this violence, not a single arrest has been made!
