The Delhi High Court has permitted the Centre to place its preliminary objections on record against a petition seeking an independent investigation into alleged assaults on protesters and members of the public during demonstrations in Delhi, after the government questioned the plea’s maintainability under the High Court’s Public Interest Litigation (PIL) Rules, 2010.
A Division Bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma was hearing a petition filed by National Students’ Union of India (NSUI) president Vinod Jakhar, who has sought action against persons allegedly involved in assaulting demonstrators during protests against Chief Election Commissioner Gyanesh Kumar.
Appearing for the Centre, Additional Solicitor General Chetan Sharma contended that the petition did not comply with the requirements prescribed under Rules 9(E), 9(F) and 9(G) of the Delhi High Court PIL Rules, 2010. He questioned the petitioner’s decision to institute the proceedings in his individual capacity without adequately disclosing his association with NSUI, the student wing of the Congress party.
The petitioner’s counsel maintained that the plea had been filed in Jakhar’s personal capacity and sought limited relief concerning alleged assaults by unidentified individuals who were not themselves participating in the protests.
According to the petitioner, unidentified persons allegedly entered the protest site carrying sticks and attacked demonstrators. The petition relies on video footage, including recordings circulating on social media, to support the allegations.
The plea seeks a fair, independent and time-bound investigation into the alleged incidents. It also seeks preservation of relevant CCTV footage to ensure that potentially material evidence is not lost.
During the hearing, the Bench permitted the Centre to file an affidavit setting out its preliminary objections to the maintainability of the petition, along with any other objections it seeks to raise, within three weeks.
The Court also sought copies of related petitions pending before the Supreme Court, observing that it wished to examine the proceedings before passing any order that might conflict with the apex court’s consideration of overlapping issues.
The petitioner’s counsel agreed to place the relevant Supreme Court pleadings on record. The matter was directed to be listed on October 16 for this purpose.
The High Court has not adjudicated the allegations of assault or the merits of the reliefs sought in the petition at this stage.
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