The Supreme Court on Wednesday declined to initiate on its own motion and urgently list a petition alleging police excesses during the July 20 police action against student protesters in the national capital, with Chief Justice of India (CJI) Surya Kant telling the petitioner not to “waste” the court’s time by submitting videos and instead take proper recourse in law.
Event Context
The matter was mentioned before a bench, headed by the CJI, at the commencement of proceedings.
Seeking suo motu proceedings, advocate Narendra Mishra said that the case concerned the Delhi Police’s action against thousands of students who had attempted to march towards Parliament as part of the “Chalo Sansad” protest called by the Cockroach Janata Party (CJP), demanding the resignation of Union education minister Dharmendra Pradhan over alleged examination paper leaks and reforms in the National Testing Agency (NTA). In a letter petition addressed to the CJI, he urged the Court to examine video footage of the events allegedly showing protesters subjected to lathicharge and other forms of brutality, calling for an impartial probe.
“Don’t waste our time, and don’t waste your time,” the CJI told the lawyer.
The counsel attempted to persuade the court by arguing that the protests were centred on issues affecting thousands of students. Cutting him short, the bench, also comprising justices Joymalya Bagchi and V Mohana, responded, “Thank you very much.”
When the lawyer referred to videos purportedly showing police personnel assaulting unarmed protesters and offered to submit such videos, the CJI declined to entertain the submission.
“We are not interested in videos; we don’t have time to watch,” observed the bench, refusing to grant an urgent listing.
The Supreme Court’s refusal came a day after Delhi High Court chief justice DK Upadhyaya similarly declined to urgently hear a plea concerning the police action. “Don’t drag the court into this,” the chief justice had remarked while refusing urgent circulation of the matter.
In a hearing on Wednesday, a bench comprising chief justice Upadhyaya and Justice Tejas Karia directed authorities to preserve CCTV footage, videography and all other relevant records related to the matter. It also sought responses from the Centre and the Delhi Police.
The matter has been listed for hearing on September 11.
The “Chalo Sansad” march on July 20, organised by the CJP after three weeks of protests and hunger strike at Jantar Mantar, saw thousands of demonstrators attempt to march from the protest site towards Parliament.
As protesters attempted to move through central Delhi, the Delhi Police stopped the march using multiple layers of barricades. As a large group breached the barricades and advanced, security personnel fired tear gas shells and carried out a lathi-charge to disperse the crowd.
Videos that surfaced on social media showed several protesters, many of them appearing unarmed, being beaten by police personnel in riot gear, with some sustaining head injuries. Police, however, maintained that the crowd had turned violent and alleged that protesters pelted stones at security personnel, necessitating the use of force.
Team Analysis
The police action triggered a political storm, with Opposition MPs staging demonstrations inside and outside Parliament and later holding a sit-in outside Prime Minister Narendra Modi’s residence after, they alleged, the government showed no interest in permitting a discussion on the issue in Parliament. The protesters were subsequently detained by the Delhi Police.
Leader of Opposition Rahul Gandhi has since demanded that Prime Minister Modi apologise to students subjected to the police crackdown and reiterated the Opposition’s demand for the resignation of Pradhan and Union home minister Amit Shah.
Meanwhile, the CJP on Wednesday expanded its list of demands as its agitation entered its 32nd day. Apart from seeking the release of Sonam Wangchuk, Pradhan’s resignation and ₹1 crore compensation for families of students who allegedly died by suicide, the party is now demanding that no FIRs be registered and no legal action be initiated against those who participated in the July 20 protest.
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Hospital officials had told Hindustan Times that at least 100 protesters received treatment for injuries following the crackdown, while the Delhi Police put the number of injured at around 60. A 22-year-old woman injured during the police action continues to remain in the intensive care unit (ICU) at Ram Manohar Lohia Hospital, according to her family.
