NEW DELHI: The Congress on Saturday accused the police of carrying out a "one-sided" investigation into the violence in Delhi and urged the Supreme Court to appoint an amicus curiae to scrutinise all such cases in which protesters and activists were being slapped with serious charges.
Party senior spokesperson Anand Sharma also said the situation is far from normal and an atmosphere of fear is still prevailing in the national capital.
Sharma alleged that the police "which allowed Delhi to burn for four days" is carrying out a "one-sided" investigation. He said in the name of action it should be seen against whom the action is being taken.
"What is the definition of hate speech? The speeches made by the BJP leaders were not hate speeches and the protests and 'dharnas' by citizens are a threat to society as per the cases registered," he told reporters.
At least 42 people have been killed and over 200 injured in the communal riots that broke out in northeast Delhi on Monday after clashes between citizenship law supporters and protesters spiralled out of control.
The areas worst affected in the violence include Jaffrabad, Maujpur, Chand Bagh, Khureji Khas and Bhajanpura.
"Shockingly, as per FIR in cases against a group of people and an organization which is called united against hate... for having said in a speech that 'we shall not get up or give up our protest even if we have to die for that', Section 307 of the Indian Penal Code, attempt to murder, is slapped, and the people being held without bail," Sharma said.
"We urge the Supreme Court to take cognisance of all these cases and appoint an amicus curiae to scrutinise all these cases where people are being framed and put in jails," Sharma said.
An amicus curiae assists a court by offering information, expertise or insight that has a bearing on the case.
"The Supreme Court is the custodian of the Constitution. The delays don't help. The entire world is watching this country, it is time that the Supreme Court intervenes effectively to protect the rights of the citizens guaranteed by the Constitution," Sharma said.
His remarks come after the US Commission on International Religious Freedom (USCIRF), the Organisation of Islamic Countries (OIC), and several US lawmakers, including presidential candidate Bernie Sanders, criticised India over wide-spread violence in Delhi.
"We have no expectations from the Centre or the Home Ministry or the Delhi Chief Minister (Arvind Kejriwal) but we have hopes from the courts," Sharma said.
The Congress leader said India is a constitutional democracy, where there is a rule of law but recent events like the riots in the national capital that led to enormous loss of life and property show deliberate inaction and in many cases, complicity has led to a very tense situation.
"All citizens have been guaranteed certain rights and freedoms under our Constitution. Those fundamental rights have been under constant assault, there is denial of those rights," Sharma said.
"We have seen that for merely raising the protest objecting to a government decision and action for a wrong law, discriminatory legislation brought in by the government for opposing it, citizens are accused of sedition," he said.
It is the right of every citizen to question, to protest and to oppose, but all over the country, sedition cases are being filed which has never happened before, Sharma said.
"Everything which is said against the government and challenging the government becomes sedition," he said.
Sharma also said that permission for protest was not being given, and before the protest or before a word is said, Section 144 is imposed.
"The Supreme Court had talked about and given an order on Section 144 and how rampantly it was being misused," he said.
The Congress and other Opposition parties have accused the police of bias and inaction in the Delhi violence.
A Congress delegation, including party chief Sonia Gandhi, on Thursday, urged President Ram Nath Kovind to call for Home Minister Amit Shah's resignation over his alleged "abdication of duty" during the communal violence in Delhi and remind the Centre of its "raj dharma".
