"Don't Waste Time": Top Court On Plea Against Police Action On CJP Protesters

The response from the Supreme Court was swift and decisive. 

"Don't waste our time and yours," the top court declined a request of a lawyer Narendra Mishra to take suo motu cognisance of "police brutality" against students during the Cockroach Janta Party-led protest march in Delhi.

The lawyer sought an urgent intervention from the top court.

On Monday, thousands poured into New Delhi's streets to demand the resignation of Education Minister Dharmendra Pradhan, heeding the call of the Cockroach Janta Party (CJP) online movement. Police baton-charged protesters as they tried to march to Parliament, escalating a protest over irregularities in major examinations. Protesters ran for cover as police in blue riot gear charged at them near the protest site.

"I have the videos as well regarding police brutality... If it can be listed tomorrow (Thursday)... students are there," the lawyer said.

The Chief Justice declined the request and made it clear that the bench was not inclined to examine video footage at the mentioning stage.

"We are not interested in videos, we don't have time to watch... We don't want to watch videos," the Chief Justice said.

The petitioner urged the court to take suo motu cognisance of the violation of fundamental rights, non-compliance with binding judgments of court by the Delhi police during a peaceful public protest.

It also called for the constitution of an independent judicial inquiry by a sitting bench of top court, and sought directions for registration of appropriate FIRs against the erring officials of the Delhi Police, and other concerned authorities.

Protest organisers condemned the "high-handedness" of the authorities and said hundreds of protesters had been injured.

"It's a shameful day in the history of Indian democracy that people, honest students, who had come for a genuine issue were brutally beaten by the Delhi police," a CJP spokesperson said.

On Tuesday, the Delhi High Court refused to urgently list a petition concerning the city police's use of "excessive force" against students who took part in the Cockroach Janta Party's protest march to Parliament.

"Don't drag the court into all this," a bench of Chief Justice D K Upadhyaya and Justice Tejas Karia told the petitioner, while listing the matter for hearing on Wednesday.

The plea states that activist Sonam Wangchuk and several students and citizens began an indefinite hunger strike at Jantar Mantar on June 28, raising issues relating to the education system and alleged NEET paper leaks. It claims that the protest remained peaceful until July 17 without any reported violence.

Referring to the events of July 18, the petition says that police personnel entered the protest site on the 21st day of the hunger strike. While official statements said Wangchuk was shifted to Safdarjung Hospital on medical grounds, the petition alleges that the protest site was cleared, several protesters were removed or detained against their wishes and excessive force was used while dispersing the gathering.

It further claims that protesters were harassed and prevented from continuing their demonstration. The petitioner argues that the incident raises serious constitutional questions regarding the limits of police powers in dispersing peaceful assemblies.

The petition further contends that the alleged actions of the police had a chilling effect on democratic dissent and peaceful assembly. It submits that the PIL is not intended to espouse the personal cause of Sonam Wangchuk or any individual protester but seeks protection of constitutional freedoms available to every citizen. According to the petitioner, the reliefs sought are institutional and preventive in nature.

Among its principal prayers, the PIL seeks a direction to the Delhi Police Commissioner or another competent authority to conduct an independent, impartial and time-bound inquiry into the police action at Jantar Mantar on July 18, particularly the alleged use of force, detention of protesters and disruption of the hunger strike.