The Delhi High Court on Monday directed the Delhi Police Commissioner to look into and “fix responsibility” for the “serious lapse” outdoors the residence of Chief Minister Arvind Kejriwal final month when sure miscreants breached the barricades, reached the gate and destroyed public property.
A bench headed by Acting Chief Justice Vipin Sanghi, which was listening to a plea by AAP MLA Saurabh Bhardwaj in regards to the alleged assault outdoors the CM’s residence on March 30 throughout a protest towards his remarks on ‘The Kashmir Files’ movie, stated that it was clear there was a “failure” on the a part of the police pressure and that the bandobast (safety association) was insufficient.
“The bandobast made outside the residence of the CM and the road leading to the residence, in the wake of the permission sought on behalf of Bhartiya Janta Yuva Morcha which was declined, was not adequate,” stated the bench additionally comprising Justice Navin Chawla.
“It is very clear that there has been a failure on part of the force to prevent the incident. We want the Commissioner of Police to look into the lapse on part of the police,” the court docket noticed.
The court docket famous that as per the standing report, sure miscreants breached the barricades and reached the gate of the residence, and stated, “in our view, the aforesaid lapse is a serious lapse and should be looked at by the Commissioner of Police, Delhi Police”.
“He (CP) should inquire into firstly whether bandobast was adequate, secondly the reasons for the failure of the arrangements made and thirdly fix the responsibility for the lapse which admittedly has occurred,” it added.
The court docket acknowledged that it was not happy with the police standing report, which was given in a sealed cowl, so far as the safety association was involved and granted two weeks to the police commissioner to file an extra standing report, together with on the side of the evaluation of the CM’s safety.
In case of any lapse within the investigation within the matter, the Justice of the Peace involved could look into it and there are judicial treatments out there, it added.
Additional Solicitor General Sanjay Jain, showing for the Delhi Police, acknowledged that the investigation within the matter was ongoing and a evaluation of the CM’s safety has been undertaken.
He added {that a} failure doesn’t imply that the bandobast was basically flawed.
“Once there is a failure, there has to come with consequences… Responsibility has to be fixed so that remedial action is taken…It is the constitutional office we are concerned with,” stated the bench.
Senior advocates Abhishek Manu Singhvi and Rahul Mehta, showing for the petitioner, urged the court docket to represent an SIT for an neutral probe into the incident.
Bhardwaj, in his petition by way of advocate Bharat Gupta, has sought the structure of an SIT to probe the alleged assault and argued that the vandalisation of the official residence of the Chief Minister throughout a protest towards his remarks on ‘The Kashmir Files’ movie seems to have been carried out with Delhi Police’s tacit complicity.
“On March 30, 2022, several BJP goons, in the garb of a protest, launched an attack on the official residence of the Delhi CM. Videos and photographs show that these goons casually walked through the security cordon (maintained by Delhi Police), kicked and broke the boom barrier, broke the CCTVs cameras with lathis, threw paint on the gate of the residence, and almost climbed over the gate, while Delhi Police personnel simply looked on, doing little to stop the protestors,” the plea alleged.
The MLA stated whereas he strongly helps the suitable to protest peacefully, even when such protest is towards the Delhi Government, violence can’t and ought to not be permitted and condoned.
On April 1, the excessive court docket had sought a standing report from the police in regards to the incident and stated that an “element of fear” was sought to be created by the “unruly crowd” and the police pressure on the spot was “inadequate” and “outnumbered”.
The matter can be heard subsequent on May 17.
Source: www.financialexpress.com”