G.P.MITTAL
Shantanu Kumar – Appellant
Versus
UOI – Respondent
G.P. Mittal, J.
1. These two writ petitions relate to the demonstration held at India Gate as a consequence of the brutal rape of a 23 year old paramedico student by six persons on 16.12.2012 and her subsequent death on account of the serious injuries inflicted on her person. A large number of persons from all walks of life joined the protest on 21.12.2012. Prohibitory orders under Section 144 of the Code of Criminal Procedure, 1973 (Cr.P.C.) were issued on 23.12.2012 at India Gate and Rajpath. Some of the protestors were so much enraged with the aforesaid incident that they indulged in rioting, pelting stones and causing injuries to police personnel and damaging public property. It was a hayday for some anti social elements who on the pretext of the protest against the apathy of the security agency indulged in instigating violence, arson, damaging of the public property and injury to public servants who were deployed for the safety and security of the general public as also the protestors.
2. On 23.12.2012 FIR No.181/2012 was registered at about 7:00 p.m. on the statement of SI Pradeep Kumar in Police Station (PS) Tilak Marg. Sum and substance of the allegations made in
Prem Shankar Shukla v. Delhi Administration (1980) 3 SCC 526
Dr. B. Singh v. Union of India (2004) 3 SCC 363
D.K. Basu v. State of West Bengal (1997) 1 SCC 416.
Vinod Kumar Sethi v. State of Punjab
State of Karnataka v. L. Muniswamy
Ramlila Maidan Incident, In re
Himat Lal K. Shah v. Commissioner of Police (1973) 1 SCC 227
Dr. B. Singh v. Union of India & Ors. (2004) 3 SCC 363
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