Delhi CM residence vandalization case: HC asks police to share status report with CM Secretariat

The Delhi High Court has directed the Delhi Police to share the status report, involving the investigation of the incident of vandalism which took place outside the residence of Delhi Chief Minister Arvind Kejriwal, with the CM Secretariat in a sealed cover.

Delhi Police on Monday filed a status report in connection with the matter in the Delhi High court.

The bench of Acting Chief justice Vipin Sanghi and justice Sachin Datta after hearing the argument of Additional Solicitor General (ASG) Sanjay Jain appearing for Delhi Police said, "The status report has been filed in pursuance of our last order. Since the matter is connected with the security of the Chief Minister, we are not inclined to share the status report with the petitioner. However, the copy of the report is sent to CM Secretariat."

The bench noted that the DCP North has stated that eight persons have been arrested and they are on bail. Other 20 persons have been served notices. The report in this regard will be filed before the concerned magistrate.

The bench ordered, "Let a further status report with regard to the investigation be filed before us."

The ASG requested the court that the part connected with the departmental investigation be removed from the report before sharing it

The court declined the request and listed the matter for July 21.

During the hearing, ASG Jain said, "If the Court is satisfied with the report, the matter can be closed now."

Senior Advocate Abhishek Manu Singhvi objected to the submission and said, "this can not be a one-sided hearing. We have not received anything. There has to be a participative hearing."

ASG submitted that "the petitioner has no locus standi. Your complainant has taken note of it. Now the matter is between the court and Delhi Police."

The bench said it is not a forum for cross talks, let us first examine the report.

The bench noted that the Delhi Police has taken a decision not to allow protests in the area and to put gates at entry and exit of the road.

Senior Advocate Rahul Mehra submitted that there are many functionaries. "This is the third incident. What is difficult to make that stretch of road protest-free. Jantar Mantar is there for protest," he said.

Mehra said, "why they are hesitant. There is a Section 144 at Rashtrapati Bhavan and they continue to renew it. What is the difficulty outside the CM residence?"

Earlier, the Delhi Police on Tuesday informed the Delhi High Court that the Security of the Chief Minister of Delhi residence has been beefed up and also no protest will now be allowed at Civil Lines Metro station.

Senior Advocate who appeared for the petitioner had earlier submitted that imposing Section 144 around places like the Rashtrapati Bhawan should also be considered.*

Earlier, the Delhi High Court had shown displeasure with the Delhi Police status report over the incident of violent Protest and vandalism outside the Delhi Chief Minister and said what happened at the residence of a constitutional functionary is a very disturbing state of affairs.

The bench had said, "we are not satisfied with the status report in regards to 'Bandobast' made at the CM residence" and directed it to disclose reasons for the failure of arrangement made and fixed the responsibility of the lapses in the next status report.

The court during the last hearing said that three barricades were breached by the protestors. "You (Police) need to look into the functioning and 'bandobast'. It could have been anybody, Union Minister etc. There has been a lapse on part of the force and we want the Commissioner of Police to look into this."

ASG Sanjay Jain had submitted before the court that, this incident should not have happened. A review of security has also been done. CCTVs have been preserved and are part of the investigation. People have been identified, and 41A notices have been issued.

The court was hearing the Public Interest Litigation filed by the AAP leader Saurabh Bhardwaj against the alleged attack and vandalization at the official residence of the Delhi Chief Minister on March 30.

The plea sought direction for the constitution of a Special Investigation Team to undertake an independent, fair and time-bound criminal investigation with respect to the attack and its perpetrators.

Saurabh Bhardwaj, sitting MLA from AAP stated that the party strongly supports the right to protest peacefully, even if such protest is against the Delhi Government, it is submitted that in the name of protest, violence cannot and ought not to be permitted and condoned, plea stated.

It further stated that, In this case, the violence was especially egregious as it was directed toward the Delhi CM and his family. It was meant to subdue, by the use of force, the highest elected official in NCT of Delhi and therefore the elected Government of Delhi. This was a direct attack on democracy.

The plea further submitted that those who were charged with the protection of the Delhi CM, that is, Delhi Police, completely abdicated their duty, without any regard for the fact that they were protecting an elected constitutional functionary and the fact that he was given Z plus security by Delhi Police itself.

( With inputs from ANI )

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