Delhi HC seeks Centre, police response on PILs alleging police excesses at Jantar Mantar

The Delhi High Court on Wednesday (July 22) questioned the Delhi Police's contention that individuals allegedly assaulted during the July 20-21 protests at Jantar Mantar should pursue private complaints instead of seeking relief through PIL, observing that the allegations pointed to a broader incident rather than isolated acts.

A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia issued notice to the Centre and the Delhi Police on two PILs alleging police excesses during the protests. The Court also directed the authorities to preserve all relevant records, including CCTV footage and any videography.

Notice to Centre, police

"Issue notice. On behalf of Delhi Police and UOI, appearance has been put and notice is accepted. Heard the learned counsel for the petitioners in these petition. Let a counter affidavit on behalf of the respondents be filed in four week. Two week to petitioners to file rejoinder. In the meantime, we direct that relevant record in relation to the incident as mentioned in the writ petitions, including the CCTV footage, videography, if any shall be preserved in accordance with standard operating procedure issued by the police," the Court ordered, as reported by the Bar and Bench.

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The matter is scheduled for hearing on September 11.

What ASG said

Appearing for the Delhi Police, Additional Solicitor General SV Raju argued that anyone seeking registration of an FIR should approach the magistrate instead of invoking the High Court's writ jurisdiction.

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He also submitted that the alleged victims themselves had not come forward and claimed the PILs were filed for publicity.

“Though the petition looks impressive at the first blush, it is not so. These petitions are only publicity seeking petitions so that they can get limelight. These are petitions with ulterior motives. Persons beaten up, allegedly beaten up, have not come forward. These petitions do not even warrant a notice. It is not a case where notices are required to be issued. It is petition to hog the limelight but not entertainable under the law. This is what I have to say at the moment. I want to take instructions," the ASG stated.

Bench raises key questions

The Bench, however, was not convinced by the argument. It noted that the allegations related to an incident affecting multiple people and raised questions about the manner in which the police had handled the protest.

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"We have some questions for you Mr Raju. Was this an isolated incident? Perhaps no. Second, if this was an unlawful assembly, there is a procedure to deal with it. If these issues are being raised in a PIL, how can you say every individual should go and lodge an FIR? Had it been an isolated incident, situation would have been different. You may have been correct in asking them to go to police to lodge a private complaint. But this is not such an (isolated) incident. We are not saying what they are saying is correct. We are also not in a position to verify the videos yet. Therefore, you will have to file a response," the Bench said.