Delhi High Court Hears PIL Alleging Excessive Force By Police During CJP's 'Sansad Chalo' March [LIVE UPDATES]

Prayers made in this petition in relation to incident surrounding Wangchuk cannot be permitted to be agitated in view of July 21 order passed in LPA. So far as other prayers for lodging FIR and preservation of records, since FIR sought to be lodged is in relation to reportedly solitary incident, it is always open to petitioner to take recourse to provisions of BNSS. We are not inclined to entertain the petition which is hereby dismissed. We have not made any observations on merits of claims by any of the parties. Needless to say, it will be always be open for petitioner to take recourse to remedy available in law: Court

Hearing ends.

Court: In his respect, his wife preferred a writ petition. LPA was also filed by the wife of the said person which was disposed of on July 21. By said order, writ petition is also been disposed of.

Court: As already observed, the petition is based on incident of July 18 concerning Wangchuk who was sitting on protest at Jantar Mantar.

Court: Petitioner has also prayed for issuing direction to not to take action against Wangchuk or other protestors and only when such action is supported by independent medical opinion.

Court: The prayer made is that Delhi police or any other authority must register an FIR into the incident which happened while dispersing protestors on 18th July. Another prayer is for constitution of SIT and to preserve records.

Counsel: I am aggrieved that whatever happened on 18 is a public issue. Please issue notice.

Court: Heard the counsel for the petitioner. This petition has been instituted in public interest. From perusal of averments, we find that primary grievance made in this petition surrounds the incident happened on July 18 wherein according to petitioner Sonam Wangchuk was allegedly forcibly removed from Jantar Mantar and was lodged in safdarjung hospital.

Court: If they don’t lodge FIR then there is another remedy.

His wife has taken all recourse. Regarding FIR is concerned, if you feel cognizable offence has occurred, file a complaint.

Dixit: No complaint was filed. Straightaway PIL.

Court: Under new Code if you lodge a complaint, before it is converted into FIR, some kind of inquiry is there by police. Section 173 of BNS. Regarding prayer 4 nothing survives now in view of wife’s appeal.

Court: Please go and lodge an FIR. That is one of your prayers. You have remedy under the Code.

How it can be registered ? I am not victim. I want SIT: Counsel

SIT will be constituted only once FIR is lodged. Not like this: Court

Counsel: It is not private related individual matter.

Your matter is confined to solitary incident regarding which his wife has taken legal recourse: Court