Delhi HC Issues Notices to Centre, Police Over Alleged Excesses on CJP Protesters

The Delhi High Court on Wednesday issued notices to the Centre and the Delhi Police seeking responses on two petitions demanding a Special Investigation Team probe into alleged police excesses against student protesters. The petitions stem from the July 20 'Chalo Sansad' march organised by the Cockroach Janta Party following a hunger strike at Jantar Mantar.

A bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia directed the police to preserve all relevant CCTV footage, videography and digital records of the event, noting the incident was not "isolated." The court scheduled the next hearing for September 11.

Judges Order Record

Lawyers Umesh Kumar and Anshul Kumar filed the petitions. Chief Justice Upadhyaya questioned Additional Solicitor General SV Raju on the state's approach to dealing with unlawful assembly.

"Is it a case of some isolated individual incident? Perhaps no. This is one. Number two, if it was an unlawful assembly as you say, it’s subject to further arguments and subject to further submissions. There is a law how to deal with it. If these issues are being raised in the PIL, how can you say that every individual should go and lodge an FIR," the court told Raju.

The bench then stated: "Issue notice. In the meantime, we direct that the relevant record, including the CCTV footage, videography, if any shall be preserved."

Petitioners Allege Force

Senior advocates N Hariharan, Gopal Sankaranarayanan and Vikas Singh represented the petitioners. The legal counsel demanded the production of police deployment records and official orders authorising the use of force. They also sought the identification of errant officers and the registration of First Information Reports against them.

Hariharan told the court that the protesters were conducting a peaceful exercise but were met with excessive and disproportionate police force. He alleged that security personnel assaulted the demonstrators with nail-studded lathis, pellet weapons and electrically charged batons without prior warning.

This action left over 90 individuals injured and several women allegedly molested, Hariharan said. Singh added that police officers, alongside several individuals in civil clothes, launched an unprovoked attack on the demonstrators.

State Rejects Claims

Solicitor General Tushar Mehta and Additional Solicitor General SV Raju represented the Centre and the police.

Mehta and Raju characterised the legal filings as "publicity seeking petitions" designed for "hogging limelight". Raju argued that the agitation did not remain peaceful. He cited video evidence showing injuries sustained by police officers and damage inflicted on police vehicles during the demonstration.

Wangchuk Petition Dismissed

Meanwhile, the Delhi High Court dismissed a separate petition seeking an SIT probe and the registration of an FIR over the removal of activist Sonam Wangchuk. This petition concerned Wangchuk's forced relocation from the CJP protest site at Jantar Mantar to Safdarjung Hospital.