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2019 Supreme(Del) 1880
IN THE HIGH COURT OF DELHI AT NEW DELHI
Gita Mittal, C. Hari Shankar, JJ.
Court on its Own Motion – Appellant
Versus
Union of India and Others – Respondents
Writ Petition (Civil) No. 11652 of 2019
Decided On : 03-11-2019
Advocate Appeared:
Manan Kumar Misra, S. Prabhakaran, Ved Prakash Sharma, Shreenath Tripathi, Ram Shankar, Maninder Acharya, Anil Soni, Rakesh K. Khanna, J.M. Sharma, Preeti Singh, A.S. Chandhiok, Mohit Mathur, Jatan Singh, Abhijat, Mohit Gupta, Amit Saxena, Naginder Benipal, Nikhil Mehta, Rupali Kapoor, Kajal Chandra, Rahul Mehra, Chaitanya Gosain, Amarpreet Singh, Anand, Mahavir Sharma, Rajbir Malik, Rakesh Chahar, Mahesh Sharma, Karnail Singh, Dhir Singh Kasana, C.M. Patel, K.C. Mittal, Piyush Sharma, D.K. Sharma, R.K. Kochar, Sanjay Rathi, D.K. Singh, Manoj Kumar Singh, Surya Prakash Khatri, Himal Akhtar, Rajiv Khosla, Ajayinder Sangwan, Kumar Mukesh, Yugansh Mittal, N.C. Gupta, Jaivir Chauhan, Ansul Pratap Singh, Shitez Sharma, Mohit Rana, Sahil Aeron, Vaibhav Jain, Robin, Prateek Mehta, Vivek Kumar, Y.P. Singh, Rajesh Kaushik, Jai Singh Yadav, Pravesh Sharma, B.S. Jakhar, Siddharth, Snehasis Mukherjee, Vivek Narayan Sharma, Savita Singh, Ravi Kumar Dwivedi, Murari Tiwari, Anil Kumar Adlaniya, Ravinder Aggarwal, Pradeep Mahajan, Prateek Som, Ajit Kumar Bhardwaj, Amit Gupta, Neeraj Gupta, Naveen K. Sharma, Davinder Kumar, Lakhmi Chand, Jalaj Agarwal, Ravi Pal, Seema Joshi, Anil K. Adlania, Shweta Rani, Ajay Atri, Vipin K. Sharma, Meghna Adlania, Sandeep Tyagi, Amit Kumar Singh, Raj Kumar.
The court exercised suo motu cognizance and took immediate actions to address the incident of police firing and lathi-charge, emphasizing the need for a judicial inquiry and the suspension and transfer of police officers involved pending the inquiry.
Headnote:
Suo Motu Cognizance - Incident of Police Firing and Lathi-Charge - Prevention of Damage to Public Property Act, Indian Penal Code - [Prevention of Damage to Public Property Act, Indian Penal Code] - The court took suo motu cognizance of the incident of police firing and lathi-charge at Tis Hazari Courts Complex, New Delhi. The court directed the Commissioner of Police to record statements of the injured Advocates and ordered the Government of NCT of Delhi to provide medical treatment and ex-gratia payments to the injured Advocates. Additionally, the court appointed a retired Justice to hold an inquiry into the incident and directed the suspension and transfer of police officers involved pending the inquiry.
Fact of the Case:
The court took suo motu cognizance of the incident of police firing and lathi-charge at Tis Hazari Courts Complex, New Delhi. Advocates sustained injuries, and police vehicles and chambers of lawyers were damaged.
Finding of the Court:
The court directed the recording of statements of injured Advocates, provision of medical treatment and ex-gratia payments, and the appointment of a retired Justice to hold an inquiry into the incident. It also directed the suspension and transfer of police officers involved pending the inquiry.
Issues: Incident of police firing and lathi-charge, injuries sustained by Advocates, damage to property, need for judicial inquiry, and suspension of police officers.
Ratio Decidendi: The court found it necessary to take suo motu cognizance of the incident and directed immediate actions to address the injuries sustained by Advocates and the damage caused, including the appointment of a retired Justice to conduct an inquiry and the suspension and transfer of police officers involved.
Final Decision: The court directed the recording of statements of injured Advocates, provision of medical treatment and ex-gratia payments, and the appointment of a retired Justice to hold an inquiry into the incident. It also directed the suspension and transfer of police officers involved pending the inquiry. The writ petition was adjourned to 16th December, 2019.
JUDGMENT :
1. This Court has taken suo motu cognizance of incident of police firing as well as lathi-charge by the police upon Advocates at Tis Hazari Courts Complex, New Delhi. Several news items have been pointed out in our order at 1:00 p.m. today. Those news items have been taken on record by our earlier order which we have passed at 1:00 p.m. today. We have also issued notices to the Union of India, Ministry of Home Affairs, Commissioner of Delhi Police, Government of National Capital Territory of Delhi, Bar Council of India, etc. as enumerated in paragraph 5 of our order dated 03 November 2019 at 1:00 p.m. today.
2. Notice was ordered to be served by electronic mode and telephonically.
3. Counsels representing the respondents are present. We have heard Ms. Maninder Acharya, learned Additional Solicitor General and Mr. K.C. Mittal, learned counsel, Chairman, Bar Council of Delhi (BCD). Likewise, we have also heard Mr. Manan Kumar Misra, learned Senior Advocate, Chairman, Bar Council of India (BCI) and Mr. Mahavir Sharma, learned counsel, President, Rohini Court Bar Association (RCBA) and Chairman, Coordination Committee of All Delhi District Bar Associations. We have also heard Mr. Mohit Mathur, learned Senior Advocate and President, Delhi High Court Bar Association (DHCBA), Mr. A.S. Chandhiok, learned Senior Advocate and other Advocates.
4. We have also heard Mr. Rakesh K. Khanna, learned Senior Advocate and President, Supreme Court Bar Association (SCBA).
5. Several grievances have been ventilated by the counsels mainly about the injuries sustained by the Advocates, especially, bullet injuries. Some of them are in hospital. They have also urged for need of Judicial Inquiry by this Court. They have further submitted about lodging of the First Information Reports (FIRs) at the behest of Advocates who have sustained injuries. It is further submitted by the aforesaid counsels about the best available medical treatment to the injured Advocates and if possible, by All India Institute of Medical Sciences (AIIMS) and they have further submitted about the compensation to be paid as an interim measure which may be subject to further orders.
6. It is further submitted by the counsels that the investigation may be handed over to the Crime Branch or to Central Bureau of Investigation. It is also submitted that in the Court complex Central Industrial Security Force (CISF) personnel may be deputed instead of Police personnel for security purposes.
7. The counsels have also narrated about the damages caused to the chambers and the injuries sustained by the lawyers including the lady Advocates.
8. It is further submitted by the counsels that those police officers who have engaged in firing and lathi-charge may be suspended immediately as well as those who have ordered for firing and lathi-charge may also be suspended immediately.
9. It is further submitted by the counsels that in the FIR which is filed against Advocates, no coercive actions may be initiated by the police officers or the investigating agency. The Advocates are ready and willing to cooperate in the investigation/enquiry.
10. Counsels have also given the names of the police officers. They are Mr. Harendra Kumar Singh, Additional Deputy Commissioner of Police/North District; Mr. Sanjay Singh, Special Commissioner of Police; Mr. Pawan Kumar, Assistant Sub-Inspector as well as Mr. Kanta Prasad, Assistant Sub-Inspector.
11. It is further submitted by the counsels in detail about the whole incident and that adequate compensation may also be awarded because the chambers of the lawyers have been damaged and the vehicles of the lawyers have also been damaged. They have also narrated the excessive force used by the police which was not required. They have also narrated that the firing was also not required and have pointed out that even when the shot was fired, it was not fired in air or at the legs of the advocate, but point blank at his chest just below the shoulder blade. Thus, at length t
