At the outset, senior advocate Kapil Sibal, representing the petitioners, said the Delhi Police said an inquiry was conducted into the matter, and justified that persons had gathered to save ‘ethics of their community’.
The Delhi Police, in its affidavit, said “The findings of the inquiry after visual and audio examination of the evidence further disclose that the speech did not contain any hate words against a particular community, and persons who gathered there with a motive to save the ethics of their community”.
Sibal said: “Your lordships may have to decide constitutionally, what ethics are?”
A bench headed by Justice A.M. Khanwilkar noted that the affidavit was filed by the Deputy Commissioner of Police and queried Additional Solicitor General (ASG) K.M. Nataraj, “Do you accept this position…we want to understand…Has any superior officer verified this?”
The bench, also comprising Justice Abhay S.Oka, said: “We want to know that the senior officer has understood the nuances of other aspects before filing this affidavit. Has he merely reproduced an inquiry report or applied his mind? Do you want to take a relook?”
Justice Khanwilkar further queried, “Is it your stand as well… the reproduction of the inquiry report of the sub-inspector level officer?”
