New Delhi, Feb 6: The city police Wednesday told a Delhi court that a complaint seeking registration of an FIR against union Home Minister Sushilkumar Shinde for his remarks linking the BJP and the RSS to “Hindu terrorism”, was “motivated”.
Delhi Police filing an action taken report (ATR) before Metropolitan Magistrate Viplav Dabas said that the complaint bears “misrepresentation of facts”.
Police said evidence supplied by the complainant does not disclose any offence worth taking cognizance of by the police.
The two-page police report said: “In view of the above noted facts, it seems that…(Vivek Garg’s) complaint/petition is motivated and bears misrepresentation of facts. It discloses no cognizable offence.” The court posted the matter for further arguments Feb 11.
Right to Information (RTI) activist Vivek Garg filed a complaint seeking registration of first information report (FIR) against Shinde for his remark against the Bharatiya Janata Party (BJP) and the Rashtriya Swayamsewak Sangh (RSS).
The complaint accused Shinde of making “imputations prejudicial to national integration, uttering words with deliberate intent to wound religious feelings of Hindus, defaming them, and insulting their religion and beliefs”.
However, police in their report said: “From the transcription of the speech, it is nowhere reflected that the home minister intended to incite any class of community or person to commit any offence against any other class or community.”
“Further, the uttering of the words with the deliberate intention of wounding the religious feelings of other persons is an offence, but the same is lacking in the speech.”
“When the speaker with deliberate or malicious intention of outraging the religious feelings of any class of citizen of India insults or attempts to insult the religion or religious beliefs of that class, it is an essential ingredient, which is also not there in the given set of facts,” the report added.
In his complaint, Garg said the remark was made for “promoting enmity between different groups on grounds of religion and wantonly giving provocation with intent to cause religious riots”.
“Shinde wilfully, maliciously and without any lawful right, with a malafide intention deliberately made derogatory statement against Hindus which were widely published in the newspapers and read by countless people across the world even on net,” the complainant said.
Shinde during the Congress “Chintan Shivir” Jan 20 in Jaipur accused the BJP and its mentor, the RSS, of conducting terror training camps and promoting “Hindu terrorism”.