New Delhi, Oct 8: Janata Party president Subramanian Swamy today threatened to move court against Delhi Police if it does not provide to him by tomorrow a copy of the FIR registered against him for spreading enmity between communities.
In a letter to Police Commissioner B K Gupta, Swamy said he had already sought a copy of the FIR but has not been provided with it.
“The courts have now come to recognise that law of torts provides for a suit against misfeasance in performance of duty and therefore the police failure to act according to the provisions of Articles 21 and 22 of the Constitution will invite a suit of damages against Delhi Police,” Swamy said.
He also said the FIR was registered on September 26 or 27 according to media reports and it was more than two months after a controversial article written by him was published.
“Hence you are required to give a satisfactory explanation for the delay and if the said explanation is not satisfactory in court, it will vitiate the FIR itself, and liable to be quashed,” he said.
Delhi Police had recently registered a case of spreading enmity between communities against Swamy for his certain suggestions made by him.
The Crime Branch registerd a case under Section 153A (spreading enmity between communities) of Indian Penal Code for his newspaper article in July this year. PTI
