The Delhi High Court has declined to entertain a public interest litigation (PIL) seeking directions to the Delhi Police to initiate criminal proceedings against persons allegedly involved in violence, arson, assaults on police personnel and damage to public property during the July 20 Cockroach Janta Party (CJP)-led student protest at Jantar Mantar.
The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia on Friday granted liberty to the petitioner, NGO Save India Foundation, to approach the competent authorities, directing them to consider any representation in accordance with law and communicate their decision to the petitioner.
The Court observed that the legal framework governing action in cases involving damage to public and private property is already well settled by the Supreme Court, including through its 2018 judgment laying down mechanisms for fixing accountability and recovering compensation for destruction of public property.
Holding that the existing legal mechanism was sufficient, the Bench disposed of the PIL while permitting the petitioner to pursue its grievance before the appropriate authorities. It ordered that any representation submitted by the NGO should be duly considered and an appropriate decision be taken in accordance with law.
The PIL had sought directions to the Delhi Police to identify and prosecute those allegedly responsible for arson, physical assaults on police personnel, vandalism of public property and other offences committed during the July 20 protest. It also sought recovery of the cost of the alleged damage from those found responsible under the applicable criminal and public property damage laws.
According to the petition, the Delhi Police had failed to take adequate preventive measures despite receiving advance representations warning about the proposed protest at sensitive locations in central Delhi, including Jantar Mantar, the Parliament area and India Gate.
The NGO alleged that the protest resulted in lawlessness, disruption of public order, attacks on police personnel, destruction of public property and panic in areas surrounding Parliament. It further claimed that despite the availability of CCTV footage, media reports, videographic material and social media content, no effective criminal action had been initiated against those allegedly involved.
The petition alleged that the protest was organised by the Cockroach Janta Party (CJP) and contended that social media campaigns associated with the group encouraged unlawful mobilisation, incited participants to defy law enforcement agencies and promoted disruptive activities.
It further alleged that online messages drew parallels with political unrest witnessed in neighbouring countries such as Sri Lanka, Bangladesh and Nepal, encouraged institutional defiance, contained hate speech and called for the resignation of the Union Education Minister and the Prime Minister while threatening consequences if key organisers were arrested.
The NGO claimed that some legal practitioners had also encouraged protesters to disregard legal restrictions by assuring them of free legal assistance and protection from criminal consequences.
The Save India Foundation also informed the Court that it had submitted representations to the Delhi Police before the proposed protest seeking preventive action and had earlier approached the High Court before the June 6 mobilisation. However, it claimed that the matter was not urgently listed after the authorities informed the Court that adequate security arrangements had already been put in place.
While declining to exercise its writ jurisdiction in the matter, the High Court made it clear that the petitioner was free to pursue its grievances before the competent statutory authorities, which would examine the representations and take an appropriate decision in accordance with the applicable legal framework.
The Court thus refrained from issuing any direct mandamus to the Delhi Police for registration of criminal cases or prosecution of the alleged offenders, relying instead on the existing mechanism evolved by the Supreme Court for dealing with incidents involving violence and damage to public property.
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