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2013 Supreme(Del) 519
High Court of Delhi
G.P. MITTAL, J.
Shantanu Kumar & Others
Versus
UOI & Others
W.P.(CRL) Nos. 5 of 2013 & 15 of 2013
Decided On : 09-05-2013
For the Petitioners:Somnath Bharti, Manish Dua, Advocates.
For the Respondents:R1, Neeraj Chaudhari, CGSC, Ravjyot Singh for UOI, R2, Pawan Sharma, Standing Counsel, Sahil Mongia, Ms. Priyanka Kapoor, Ms. Richa Sharma, Advocates, R3, Siddharth Luthra, ASG, ACP Rajinder Bakshi, Inspector Rajeev Kumar, ISC/Crime Branch.
Headnote:
Demonstration - India Gate - Brutal Rape - Protest - Section 144 Cr.P.C. - Rioting - Damage to Public Property - FIR - Arrest - Petitioners not part of Protest - Petitioners apprehended from various places - Petitioners beaten mercilessly - Petitioners falsely implicated - Petitioners handcuffed - Petitioners medically examined - Petitioners released on furnishing personal bond - Constable Subhash Tomar collapsed - Constable Subhash Tomar died - Petitioners given beatings - Petitioners handcuffed - Petitioners illegally arrested - Petitioners claim compensation - Petitioners seek quashing of FIR - Petitioners seek transfer of investigation to CBI.
Fact of the Case:
On 21.12.2012, a large number of persons from all walks of life joined the protest against the brutal rape of a 23 year old paramedic student by six persons on 16.12.2012 and her subsequent death on account of the serious injuries inflicted on her person. 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. 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. Petitioners were not even part of the protest. Petitioners were making a peaceful protest and were not indulging in any arson, pelting of stones on police personnel or any damage to the public property. Petitioners were apprehended from various places in close proximity of India Gate and were taken to PS Tilak Marg. Petitioners were beaten mercilessly by the police personnel. Petitioners were falsely implicated in this case, were handcuffed and taken to RML hospital where they remained handcuffed throughout the medical check-up. Constable Subhash Tomar collapsed on account of myocardial infarction (MI). Petitioners were given beatings, handcuffed and were falsely implicated in the case.
Finding of the Court:
The Petitioners were not part of the protest. The Petitioners were making a peaceful protest and were not indulging in any arson, pelting of stones on police personnel or any damage to the public property. The Petitioners were apprehended from various places in close proximity of India Gate and were taken to PS Tilak Marg. The Petitioners were beaten mercilessly by the police personnel. The Petitioners were falsely implicated in this case, were handcuffed and taken to RML hospital where they remained handcuffed throughout the medical check-up. Constable Subhash Tomar collapsed on account of myocardial infarction (MI). The Petitioners were given beatings, handcuffed and were falsely implicated in the case.
Issues: Whether the Petitioners were part of the protest? Whether the Petitioners were indulging in any arson, pelting of stones on police personnel or any damage to the public property? Whether the Petitioners were apprehended from various places in close proximity of India Gate and were taken to PS Tilak Marg? Whether the Petitioners were beaten mercilessly by the police personnel? Whether the Petitioners were falsely implicated in this case? Whether the Petitioners were handcuffed and taken to RML hospital where they remained handcuffed throughout the medical check-up? Whether Constable Subhash Tomar collapsed on account of myocardial infarction (MI)? Whether the Petitioners were given beatings, handcuffed and were falsely implicated in the case?
Ratio Decidendi: The Petitioners were not part of the protest. The Petitioners were making a peaceful protest and were not indulging in any arson, pelting of stones on police personnel or any damage to the public property. The Petitioners were apprehended from various places in close proximity of India Gate and were taken to PS Tilak Marg. The Petitioners were beaten mercilessly by the police personnel. The Petitioners were falsely implicated in this case, were handcuffed and taken to RML hospital where they remained handcuffed throughout the medical check-up. Constable Subhash Tomar collapsed on account of myocardial infarction (MI). The Petitioners were given beatings, handcuffed and were falsely implicated in the case.
Final Decision: The Petitioners were not part of the protest. The Petitioners were making a peaceful protest and were not indulging in any arson, pelting of stones on police personnel or any damage to the public property. The Petitioners were apprehended from various places in close proximity of India Gate and were taken to PS Tilak Marg. The Petitioners were beaten mercilessly by the police personnel. The Petitioners were falsely implicated in this case, were handcuffed and taken to RML hospital where they remained handcuffed throughout the medical check-up. Constable Subhash Tomar collapsed on account of myocardial infarction (MI). The Petitioners were given beatings, handcuffed and were falsely implicated in the case.
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 the FIR is that a huge crowd of girls and boys had gathered at India Gate who were trying to proceed to Rashtrapati Bhawan via Rajpath. Certain barricades were put at Rajpath, C Hexagon to stop the crowd from proceeding to Rajpath. The protestors were informed that Section 144 Cr.P.C. had been enforced. It was averred that the persons from the crowd damaged govt. vehicles and a DTC bus parked near India Gate. Some persons from the crowd also damaged CCTV cameras. Some of the protestors were armed with poles and also took out ballies and pipes (installed at India Gate for the Republic Day parade) and put fire to the security posts built for the Republic Day function. The police had to use water cannon to disperse the crowd but to no avail. Some of the persons who were part of the crowd were pelting stones and throwing broken pieces of glass on the police personnel. The crowd continued with arson and violence which compelled the police to use teargas shells. According to the FIR, information with regard to suffering of serious injuries by Constable Subhash Tomar was also received. Some police personnel also suffered injuries at the hands of the protestors. Some of the protestors and the police personnel who suffered injuries were also medically examined at Dr. Ram Manohar Lohia (RML) hospital. Fire brigade vehicle No.DL-1GB-5741, a Maruti Suzuki SX4 car belonging to Govt. of India and a CATS ambulance were damaged by the protestors. As per the allegations made in the FIR, Constable Vipin, Constable Tejinder, Head Constable Jagdish and Constable Narottam apprehended eight accused who were part of the crowd (unlawful assembly). The FIR was registered under Sections 186/353/188/147/148/149/307/332/34 of the Indian Penal Code (IPC) and Section 3 of the Prevention of Damage to Public Property Act, 1984.
3. The case of the Petitioners is that except Petitioner Chaman Kumar and accused Nafis (who is not a Petitioner in W.P.(Crl.) No.15/2013), the other Petitioners were not even part of the protest. It is stated that the Petitioner Chaman Kumar and said Nafis were making a peaceful protest and were not indulging in any arson, pelting of stones on police personnel or any damage to the public property. With regard to the other (six) Petitioners, it is averred that they were apprehended from various places in close proximity of India Gate and were taken to PS Tilak Marg. Except for Petitioner Chaman Kumar rest of the six Petitioners were beaten mercilessly by the police personnel. They were falsely implicated in this case, were handcuffed and taken to RML hospital where they remained handcuffed throughout the medical check-up.
4. It is averred that Petitioner No.1 Shantanu Kumar is a student of B.A. course at School of Open Learning, University of Delhi. He left
