New Delhi: The Delhi Police was on Tuesday directed by a court here to file an action taken report (ATR) on a criminal complaint seeking registration of FIR against AIMIM President Asaduddin Owaisi for alleged offences of sedition and causing enmity between different groups.
Chief Metropolitan Magistrate Munish Markan asked the SHO of Karawal Nagar police station through the DCP (North-East Delhi) to file the report detailing the action taken on the plea on 7 May.
The complaint filed by Swaraj Janata Party's national president Brijesh Chand Shukla, alleged that on 13 March, Owaisi had voluntarily said that "even if somebody puts a knife at me, I will not say 'Bharat Mata ki jai'" and his expression showed "disaffection and includes disloyalty and all feeling of enmity".
During the arguments, advocate Rajesh Kumar, appearing for the complainant, said the matter comes under the definition of section 124A (sedition) of IPC as the statement made by Owaisi showed his disloyalty and disaffection towards the nation.
The complaint sought a direction to the police to lodge an FIR against Owaisi for the alleged offences under sections 124A (sedition) and 153A (promoting enmity between different groups on grounds of religion, race etc) of IPC.
The plea alleged that the act of Hyderabad MP showed he was not loyal to India and was trying to harm the country's reputation and his statement comes under the definition of sedition charge.
"...It is correct that our Constitution does not permit to say 'Bharat Mata Ki Jai' but the Constitution also does not allow to say 'koi meri gardan par churi rakh de tab bhi mai Bharat Mata ki jai nahi bolunga' (even if somebody puts a knife at my neck, I will not say Bharat Mata ki jai)," it alleged.
The complainant said he had filed the complaint in this regard with the Delhi Police but no action was taken and thereafter, he approached the court.
A public interest litigation (PIL) has also been filed in the Bombay High Court by a Pune-based social activist urging it to take legal action against both Owaisi and AIMIM MLA Warris Pathan for refusing to chant 'Bharat Mata ki jai'.
The PIL urged the court to order an inquiry into the speeches made by the duo in the recent past in which they had allegedly showed dishonour to the motherland by such remarks.