An affidavit is submitted by Rajesh Deo DCP, Legal Cell (Police headquarters) before the division bench comprising of Chief Justice DN Patel and Justice Prateek Jalan stating that no evidence had been found so far in the investigation against the BJP leaders for instigating hate speeches or provoking and participating in Delhi riots. The DCP further added if any such evidence found against the alleged persons immediately Police will register FIRs against Kapil Mishra, Parvesh Verma and Anurag Thakur

The affidavit further stated that the riots didn’t occur due to ‘sporadic or spontaneous violence’, rather it occurred because of pre-planned events of some anti-social elements with a well thought of ‘conspiracy to destabilize the harmony on the society’.

The Crime Branch, while investigating, said in this regard that “ … exercising the fundamental right of dissent is and should be respected. However, no person can be allowed to commit breach of law, indulge in violence, arson and riotous activity causing danger to life, limb and property of innocent citizens under the garb of exercise of fundamental right of free speech and assembly. I respectfully state and submit that the encroachment and blockage of public roads is certainly not a facet of fundamental right of protest. ”