Advocate Moves Supreme Court Alleging Assault By Delhi Cops During Police Station Visit To Meet Detained Student Protesters

An advocate has approached the Supreme Court alleging that he was assaulted and abused by the Delhi police when he visited the Nizamuddin Police Station on July 23 for the release of students detained over their participation in the protests at Jantar Mantar over the exam paper leak issue.

The applicant is Advocate Manik Gupta, who has been practising in various Courts in Delhi, including the Supreme Court. Gupta sought intervention in the writ petition pending in the Supreme Court raising the issue of police force on protesters.

In the application, Gupta said that on the night of July 23, he visited the Nizamuddin station pursuant to the distress calls received from detained students. He alleged that the Station House Officer intimidated him and instructed the other officers to detain him as well. He was then allegedly taken to a room where a police officer pulled his neck, slapped and punched him. When he said that he was a lawyer, he was abused, and the police officer allegedly told him that he would be taught a lesson. As per the complaint, the SHO later called him and threatened to register an FIR against him. The SHO then called the lawyer's father and told him that he was roaming on the streets at night. He was released after his lawyer friends reached the station.

Gupta stated that he later visited Lady Hardinge Medical College (LHMC) Hospital for treatment, and a Medico-Legal Case (MLC) report was done. According to him, the MLC report, which recorded the injuries, corroborated the custodial violence suffered by him. He later sent a complaint to the Commissioner of Police, Delhi and Dy Commissioner of Police, Delhi South East regarding his experience at the Nizamuddin station. However, till date, no FIR has been lodged, despite the complaint disclosing the commission of cognizable offences relating to wrongful confinement, grievous hurt and criminal intimidation, he contended.

With these contentions, he has urged the Supreme Court to direct investigation into the matter, under the supervision of an independent authority or a retired judge, and also initiation of departmental action against the officers. He has also sought the preservation of the CCTV footage of the Station pertaining to the relevant time. 

The impleadment application has been filed in the writ petition Shailendra Mani Tripathi v. Union of India relating to the police action against student protesters. A bench led by the Chief Justice of India is considering the matter today.

The application has been filed through Adv Rahul Gupta.