Delhi High Court: No public interest in PIL seeking inquiry into CJP protest lathi charge

The Delhi High Court has firmly declined to entertain a public interest litigation that sought a fact-finding inquiry into the conflicting accounts surrounding the alleged use of lathis by Delhi Police during a protest organised by the Cockroach Janta Party (CJP) in the national capital. A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia dismissed the petition on 16 September 2026, holding that the PIL jurisdiction is not intended to adjudicate disputes based on media reports and official statements. The court observed that there was no public interest in the plea and that media news cannot be treated as evidence.

Background: The CJP protest and conflicting narratives

The controversy traces back to July 2026, when the Cockroach Janta Party called for a "Chalo Sansad" march in New Delhi, protesting alleged irregularities in the NEET examination. Supporters gathered at Jantar Mantar and reportedly attempted to march towards Parliament. During the protest, videos and media reports showed police personnel using force, including lathis and tear gas, to disperse the crowd. Several protesters alleged excessive force and a lathi-charge, while also claiming injuries. However, Delhi Police publicly denied reports of sporadic violence and detentions, stating that no such incident had taken place and that the protest was managed professionally.

This stark contradiction between media accounts and the official police version formed the basis of the PIL filed by Nitin Naresh, who described himself as belonging to the media community. Naresh had submitted a representation to the authorities seeking a fact-finding exercise to ascertain the truth, but claimed he received no response. He then approached the High Court, praying that his representation be directed for decision and an independent inquiry be ordered.

Court’s observations: No conflict, no evidence

During the hearing, the Bench expressed strong reservations about entertaining the petition. The court questioned whether there was actually any conflict between the official statements of Delhi Police and the Central Armed Police Forces. It pointed out that media reports, by themselves, cannot constitute evidence and that the petitioner had failed to demonstrate any genuine public interest. The Bench orally remarked, “Is there any conflict between the official statements of the Delhi Police and the Central Police Forces? We will not entertain such petitions… All sorts of matters are being filed here. There is no public interest in this.”

The court further noted that the petitioner’s representation did not impose any duty on the Delhi Police to respond, and that filing a PIL based on “high sounding words like accountability and transparency” could not be done in a vacuum. The Division Bench dismissed the PIL, holding that the jurisdiction under public interest litigation is not meant to adjudicate disputed versions of events arising from media coverage.

Legal analysis: The limits of PIL jurisdiction

The judgment reaffirms a well-established principle of Indian constitutional law: PIL is a powerful tool for the enforcement of fundamental rights and for ensuring good governance, but it cannot be used to settle factual disputes that are essentially contested between private parties or between a citizen and the state based on unverified media reports. The courts have consistently held that a petitioner must demonstrate a bona fide public interest, a clear legal right, and a substantial question of law or fact that affects a large section of society. Mere curiosity or a desire to test the veracity of official statements does not meet this threshold.

The court’s observation that media reports are not evidence echoes the settled position of law. While the press plays a crucial role in a democracy, its reports cannot be treated as conclusive proof of facts. A PIL cannot be founded solely on newspaper articles or video clips; there must be some prima facie material that the court can rely upon. In this case, the petitioner did not present any independent verification or sworn affidavits from witnesses to support the claim of a lathi-charge.

Separate proceedings and acknowledgment of complaint

Interestingly, the controversy over the CJP protest also reached the High Court through a separate case. In that proceeding, Delhi Police agreed to acknowledge a complaint alleging the use of force, including lathis and pellet guns, during the July 20 demonstration. However, the court noted that the allegations in that complaint remained under consideration and could not, by themselves, establish that the alleged acts had taken place. This parallel development highlights that while the authorities are willing to consider specific complaints, they are not obligated to conduct a roving inquiry at the behest of a third-party petitioner.

Implications for public interest litigation and police accountability

The dismissal of this PIL sends a clear message to potential litigants: PIL cannot be used as a substitute for an investigative mechanism. Lawyers and activists must ensure that their petitions are grounded in concrete evidence and a clear public cause. While the court did not rule on the merits of the allegations, its decision underscores the importance of maintaining the integrity of PIL as a remedy for genuine public grievances, not as a platform for disputing official narratives based on media speculation.

For the legal community, the case also serves as a reminder of the evidentiary value of media reports. In an era of pervasive social media and instant news, courts will continue to demand reliable proof before entertaining challenges to official actions. This judgment may influence how future PILs concerning police conduct are framed, encouraging petitioners to collect sworn statements, forensic evidence, or independent inquiries before approaching the court.

Conclusion

The Delhi High Court’s decision in Nitin Naresh v. Union of India & Ors is a textbook example of judicial restraint in the domain of public interest litigation. By declining to order a fact-finding inquiry into the CJP lathi-charge claims, the court has preserved the distinction between a genuine public cause and a mere dispute over facts. While the alleged use of force remains a matter of concern, the remedy lies not in a PIL but in the established mechanisms of complaint, investigation, and criminal prosecution. As the court itself observed, the doors of PIL cannot be opened for every matter that catches the imagination after reading a newspaper.