Delhi HC refers plea on 'Cockroach Janta Party' protest to CJ bench

The Delhi High Court has referred a petition seeking criminal action against persons involved in the 'Cockroach Janta Party' protest to a Division Bench. The court observed the matter was in the nature of a Public Interest Litigation (PIL).

The Delhi High Court on Friday referred to the Chief Justice-led Division Bench a writ petition filed by the Save India Foundation seeking directions to the Delhi Police to initiate criminal action against persons allegedly involved in arson, damage to public property and attacks on police personnel during the July 20 "Cockroach Janta Party" (CJP) protest.

The petition, which came up before Justice Prateek Jalan, seeks directions for ensuring the "safety and security of the citizens of Delhi from the violent protests being held under the garb of protest at Jantar Mantar".

At the outset, Justice Jalan questioned the maintainability of the petition as an individual writ. "Is this a PIL? Why not? You should file it as a PIL when you don't have a personal locus. I have read your petition," the Court observed.

Appearing for the Centre, Solicitor General Tushar Mehta submitted that issues arising out of the same incident were already under consideration in another petition. "We have no objection in arguing before the Court," Mehta said.

Petition Referred to Division Bench

Justice Jalan observed that he did not see how a Single Judge could hear a matter having the nature and impact of a public interest litigation. "I do not see how a Single Bench can hear a matter of this nature, which is in the nature of a PIL," the Court remarked, adding, "The Court will proceed according to law."

In its order, the Court recorded that the petitioner claimed to have approached it with the objective of protecting the Constitution by raising issues concerning the enforcement of citizens' rights. The Court also recorded the submission of the Solicitor General that a similar PIL concerning the same incident is already pending consideration before a Division Bench.

Noting that the connected PIL is scheduled to be taken up at 2:30 pm before the Division Bench headed by the Chief Justice, Justice Jalan directed that the present petition also be listed before the same Bench, subject to the orders of the Chief Justice.

Details of the Petition

The petition has been filed by the Save India Foundation through its authorised representative, Preet Singh, against the Commissioner of Police, Delhi. It seeks a writ of mandamus directing the police to take criminal action against persons allegedly involved in violence during the protest.

According to the plea, the Delhi Police failed to take preventive measures despite prior representations warning of the proposed mobilisation. The petition alleges that the police did not prevent an illegal gathering at sensitive locations, including Jantar Mantar and areas near Parliament and India Gate, resulting in attacks on police personnel and damage to public property.

The plea further alleges that despite representations made before and after the protest, no effective action has been taken against those allegedly responsible for the violence. It also claims that the July 20 protest led to lawlessness in the New Delhi area, with protesters allegedly assaulting police personnel on duty, damaging public property and creating panic around Parliament, causing inconvenience to the public.

The petitioner further submits that despite the availability of news reports, CCTV footage and social media videos, the police have failed to initiate remedial action.

In its prayer, the petition seeks directions to the Delhi Police to initiate prompt criminal action against those allegedly involved in arson, attacks on police personnel and damage to public property on July 20, recover the entire cost of the damage caused to public property from them, and grant any other relief deemed appropriate by the Court. (ANI)

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