A lawyer has filed a letter petition before the Supreme Court seeking its immediate intervention over the alleged use of excessive force by the Delhi Police against protesters during the Cockroach Janta Party (CJP) demonstration in the national capital.
The petitioner has urged the Apex Court to take suo motu judicial cognisance of the alleged violation of fundamental rights and the purported non-compliance with binding Supreme Court judgments governing the policing of peaceful public protests.
Addressing the letter petition to Chief Justice of India (CJI) Surya Kant, Advocate Narendra Mishra alleged that the police action during the CJP march infringed the constitutional rights of the protesters, including their rights to freedom of speech and expression and peaceful assembly guaranteed under Articles 19 and 21 of the Constitution.
According to the petition, the Delhi Police failed to adhere to the constitutional safeguards and judicial principles laid down by the Supreme Court for regulating peaceful demonstrations, warranting immediate judicial scrutiny.
The letter petition sought the Apex Court’s intervention by invoking its extraordinary constitutional jurisdiction. It requested the Court to take suo motu cognisance of the alleged infringement of fundamental rights and examine whether the Delhi Police acted in violation of binding judicial precedents while dealing with the protest.
The petitioner further sought the constitution of an independent judicial inquiry under the supervision of a sitting Bench of the Supreme Court to investigate the circumstances surrounding the police action and determine whether the authorities complied with constitutional and legal requirements.
The petitioner has further prayed for directions to register appropriate First Information Reports (FIRs) against officials of the Delhi Police, the Rapid Action Force (RAF) and other authorities allegedly responsible for the use of excessive force, if any wrongdoing is established.
According to the petition, an independent inquiry is necessary to ensure accountability of law enforcement agencies and to ascertain whether the police response was proportionate, lawful and consistent with the safeguards evolved through judicial precedents.
The plea further raised concerns that the alleged police action amounted to a departure from settled constitutional principles requiring the State to balance the maintenance of public order with citizens’ fundamental rights to peaceful protest and dissent.
It contended that any deviation from these standards, particularly by state authorities, requires judicial intervention to safeguard civil liberties and uphold the rule of law.
The developments arise in the backdrop of the CJP-led protests in Delhi, where students and activists had assembled to protest repeated examination paper leaks and demand accountability from the Union government.
The protesters had planned to march towards Parliament before they were stopped by the Delhi Police. It has been alleged that the police resorted to lathi charge and the use of tear gas to disperse the gathering, resulting in injuries to several protesters.
The post Lawyer urges CJI Surya Kant to take suo motu cognisance of police excesses during CJP protest appeared first on India Legal.