The Delhi High Court on Wednesday issued a notice to the Central Government and the Delhi Police over allegations of excessive force and violence against protesters of the Cockroach Janata Party (CJP) during their proposed march to Parliament on July 20. The Court directed the authorities to submit their counter affidavits within four weeks and ordered the preservation of all CCTV footage, videography, body camera recordings, and other relevant evidence related to the incident. The matter has been listed for further hearing on September 11.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia passed the directions while hearing petitions challenging the police action during the demonstration. Additional Solicitor General S.V. Raju appeared on behalf of the Union Government and Delhi Police, while Senior Advocates N. Hariharan, Gopal Sankaranarayanan, and Vikas Singh represented the petitioners.
During the hearing, Senior Advocate N. Hariharan argued that the protest at Jantar Mantar, organised to demand the resignation of Union Education Minister Dharmendra Pradhan, had begun peacefully and was a legitimate exercise of the protesters' constitutional rights under Articles 19 and 21. While acknowledging that authorities have the power to regulate public assemblies, he alleged that the police response was grossly disproportionate.
Hariharan made serious allegations against the police, claiming that women protesters were assaulted and subjected to molestation during the crackdown. He alleged that some police personnel beat women on their private parts and urged the Court to order registration of FIRs against the officers involved. Referring to videos of the incident, he submitted that identifiable police personnel should be held accountable and an independent inquiry should be conducted into the entire episode.
In a separate public interest litigation, Senior Advocate Gopal Sankaranarayanan informed the Court that his legal team had examined nearly 130 videos related to the protest. He alleged that several individuals seen using force against demonstrators were neither in police uniform nor wearing identification badges. He also claimed that one video showed Additional Deputy Commissioner of Police Sandeep Lamba slapping a woman protester who was not resisting or posing any threat.
Questioning the conduct of the authorities, the Bench observed that it had serious concerns regarding the handling of the protest. Addressing the Delhi Police, the Court remarked that even if the gathering was considered unlawful, there is a prescribed legal procedure for dispersing such assemblies. The judges noted that the incident did not appear to be an isolated one and sought an explanation from the police regarding the manner in which force was used.
The Court's order to preserve all electronic evidence is expected to play a crucial role in determining the sequence of events and examining the allegations made by the petitioners. The preserved footage, including CCTV recordings, body camera videos, and other visual evidence, will be available for scrutiny during the course of the proceedings.
The case has drawn attention to questions surrounding the balance between maintaining public order and safeguarding citizens' fundamental rights to peaceful protest. The Delhi High Court will continue hearing the matter on September 11 after receiving responses from the Centre and the Delhi Police.
Leave Your Comment