Delhi Police Questions Maintainability Of PIL Before High Court Alleging Assault On Protestors During CEC Protest
The Central Government on Tuesday (October 13) objected to the maintainability of a petition filed before the Delhi High Court seeking an independent probe into alleged assaults on protesters, general public on October 10 at Connaught Place and on the roads adjoining Jantar Mantar amid protests against CEC Gyanesh Kumar.
Appearing for Delhi Police, Additional Solicitor General Chetan Sharma submitted before a division bench comprising Acting Chief Justice Nitin Sambre and Justice Sanjay Sharma, that the Supreme Court made some observations after which Delhi High Court had formulated PIL Rules.
ASG Sharma referred to Rule 9f and 9g of the Delhi High Court PIL Rules 2010. He said that Rule 9f says that if the petitioner is an organization, nature of its functions have to be stated. He said that the petitioner herein is an office holder of a particular organisation–NSUI, which is Congress' youth wing party. However, the ASG claimed, petitioner failed to disclose this.
Counsel for petitioner responded submitted the plea had been filed in personal capacity and that the prayers were very limited— that unidentified people started beating the protestors.
ASG Sharma however said that the petitioner cannot hide in his personal capacity and has to disclose association to the organization.
The court thereafter in its order dictated, "ASG objects to maintainability of plea. According to him petitioner has not satisfied requirements under the PIL Rules, particularly Rule 9f and 9g. The Petitioner has sought the action against wrongdoers.We permit ASG to file preliminary objections in form of affidavit regarding maintainability of petition as well as any other issue. Let the same be done within three weeks".
The petitioner also sought liberty to amend his affidavit in the petition.
Background
The plea against the assault on protestors, has been filed by Vinod Jhakar, the National President of the National Students' Union of India (NSUI), the student wing of the Indian National Congress.
It states that the victims were ordinary members of the public; they were unarmed, were harming no one, and were on their way to a peaceful protest.
It adds that the assailants were groups of anti-social elements in civil dress, who held no office and had no authority of law.
As per the plea, groups of men in civil dress collected at Connaught Place who surrounded, manhandled and assaulted persons who had come for the protest, as well as passers-by.
The incidents were recorded by persons present and by reporters of news outlets, it adds.
The plea states that the video recordings by news outlets show a man held in a neck-lock by one assailant while others shout at him; a youth thrown to the ground while a man stands over him with a clenched fist and then drags him by his clothing; a long-haired youth held against a railing by three men and struck on the head; a man whose shirt has been torn from his back in a crowd; a person bent double on the road, shielding his head, being held, struck and kicked; and a man lunging at the camera of a woman reporter who was recording the events.
The petition seeks an SIT probe, preservation of CCTV footage and an inquiry into the police response.
(Compiled by Malavika Prasad)