CJP PROTEST: FIR ON DELHI POLICE ....POLICE BRUTAL ATTACK ON STUDENTS

[00:00:00]They were unarmed people. It is not their case that the children at any point of time were armed.

[00:00:06]And they exercised force against the police forces there.

[00:00:11]Now, this kind of a situation, my lord, where you are beaten up black and blue.

[00:00:16]The ladies in the set protest the lady students in the protest are being molested. Your lordship will see all those videos as well.

[00:00:23]That is why I wanted you to have a look.

[00:00:25]And place it in context. At least those officers who are identifiable committing cognizable offenses, my lord, against them, registration of FIR should be made.

[00:00:36]>> There was a protest which was happening peacefully by a group of students at Jantar Mantar.

[00:00:45]It [clears throat] was a peaceful protest, admittedly.

[00:00:48]And this gathering which gathered there protesting was exercising some interconnected rights and freedoms which were guaranteed to them by the Constitution.

[00:01:01]The very first freedom which was being exercised as guaranteed by the Constitution was the freedom of assembly and political association.

[00:01:12]Under articles 19 1A, 19 1B, 19 1C.

[00:01:19]The bodily integrity of each one of those students who had gathered there were also protected by article 21, I believe.

[00:01:27]>> Second petition submissions.

[00:01:29]>> So, therefore, the state action, if any, would be say, essentially, be tested under the scrutiny of arbitrariness in relation to their action under article 14.

[00:01:42]Because what followed thereafter, my lord, is something which is unimaginable. Your lordship can see snatches of that which have been placed before my lord.

[00:01:53]This is a situation where brutality to the largest measure possible has been used in relation to a peaceful agitation.

[00:02:02]I am not for once saying this that the state did not have the ability to regulate the movement.

[00:02:11]The state did not have the ability within itself to channelize the movement.

[00:02:19]>> Can I supplement? Just one point.

[00:02:22]But if your lordship will permit me to supplement, Lord.

[00:02:24]This gathering had assembled for almost 20 days when Mr. Sonam Wangchuk had already declared about a week earlier that 20th they will march to the parliament.

[00:02:36]Now this march to the parliament was well known in public domain and everybody assembled ultimately on the 20th. So up to 19th the violence didn't happen cuz it was all at Jantar Mantar.

[00:02:48]Assembly started swelling on the 20th because of this information which was in the public domain of that march on the 20th to the parliament.

[00:03:01]And it is that assembly which was attacked at Jantar Mantar where all these innocent boys and girls and blood boys and girls from all families where blood are like for instance blood a senior advocate of the Supreme Court Mr. Hegde's son was also there.

[00:03:15]He was also in the same protest.

[00:03:17]Similarly blood children from >> [clears throat] >> all walks of life >> all walks of life >> any status here.

[00:03:23]>> Doctors, paramedic staff they were also there blood because they also had their own grievance with regard to the blood the NEET examination.

[00:03:31]Now what is important is blood that the use of force on a peaceful demonstration there is still date not a whisper in the public domain that the people who had assembled there turned violent.

[00:03:46]On the contrary blood there are videos which I'm placing on the record where there is a person in civil clothes sitting with a lathi several people in civil clothes sits sitting with a lathi and they along with the police have attacked these the assembly this these people these innocent people.

[00:04:03]>> If your lordship will kindly sort of blood taking given to your lordship for your lordship's consideration.

[00:04:13]There are a series of videos which your lordship will see where all kinds of violence is being perpetrated. The as my learned friend had just said there are lathis police are having nails on to it by which the children are being beaten.

[00:04:30]There are pellets which are being used.

[00:04:33]There are not only pellets there are >> electric >> electric batons which are being used to give electric current. If this is the manner in which a peaceful demonstration will be dealt with which was well within its rights.

[00:04:44]>> anywhere till now.

[00:04:46]>> Your lordship for a minute will see see the videos for a minute I want to take you through the >> that anybody in the assembly turned violent. There is not a whisper below.

[00:04:53]Not a whisper at all. So that is why and every policeman by law is supposed to have his name his name mentioned on his dress.

[00:05:01]>> Can I just show >> The names were not mentioned.

[00:05:04]>> My my friend can you can you just hold your breath for a minute?

[00:05:09]>> So the other If your lordship can just have a look at the videos.

[00:05:13]>> [clears throat] >> We will watch the video later.

[00:05:17]Please make your address.

[00:05:19]>> My lord this will go side by side along with the submissions because it has got a context.

[00:05:24]How do we place it in context before my lord that there was excessive use >> So you are you are asking us to watch the video.

[00:05:30]>> I'm just >> to assert a point.

[00:05:32]>> Yes.

[00:05:32]>> That the use of force to disperse that assembly was excessive.

[00:05:36]>> Excessive? It was uncalled for to begin with.

[00:05:39]>> Maybe that that is why it was it was uncalled for because it was excessive.

[00:05:44]>> [clears throat] >> So long as the demonstration was peaceful I myself started with open with these lines that the police or authorities may have a situation where they can regulate a crowd. Because the object of the crowd at no point of time was unlawful.

[00:06:00]The object of the crowd, essentially the object of the assembly was a legal object in the sense that they wanted to ventilate their grievances in relation to the NEET examinations.

[00:06:10]And they had a right to do so.

[00:06:12]>> But just see section 148 and 149.

[00:06:19]>> No.

[00:06:20]If my lord would see that as far as a proclamation also under the erstwhile situation of 144 which existed then.

[00:06:29]Now, currently it has turned into 163.

[00:06:33]That proclamation was also not there in place.

[00:06:38]There is no circular which shows that that proclamation had been made.

[00:06:44]That people are not being allowed to assemble.

[00:06:49]So in this kind of a scenario, my lord, where 163 circular is not there, the magistrate had not been called upon to come there in that area.

[00:06:59]If at all it is their case that the crowd turned unmanageable at some point of time or it took to violence at some point of time, there should there is a particular manner in which it has to be dealt with.

[00:07:11]Adequate warning was to be given.

[00:07:14]There is not a single instance where they can show that there was a warning given to the agitating people that please disperse.

[00:07:21]Otherwise, force will be used to you.

[00:07:23]Used against you.

[00:07:25]There was no whistle blown to say that now force is going to be used against you in this fashion.

[00:07:31]If I go back to colonial times, in colonial times also when 144 was in place, these were the basic necessities which were supposed to be adhered to.

[00:07:41]Nothing of that kind happened.

[00:07:45]And then the kind of force that is being used, the force which is to be used there are umpteen judgments which say that it has to be proportionate to the cause.

[00:07:54]You can't It can't become a situation where you are taking it out on the protesters for being there.

[00:08:00]Or that the policemen are finding it hard to perform their duties, so therefore they take it out on the children.

[00:08:07]It has gone down to that extent.

[00:08:10]It is retributive in nature.

[00:08:15]They were unarmed people. It is not their case that the children at any point of time were armed.

[00:08:22]And they exercised force against the police forces there.

[00:08:27]Now this kind of a situation will not where you are beaten up black and blue.

[00:08:32]The ladies in the said protest the ladies students in the protest are being molested. Your lordship will see all those videos as well.

[00:08:39]That is why I wanted you to have a look and place it in context.

[00:08:43]At least those officers who are identifiable committing cognizable offenses, my lord, against them registration of FIR should be made.

[00:08:55]On a plain viewing your lordship can see offenses being committed.

[00:09:04]And an inquiry be made into the entire incident.

[00:09:12]I am not for one minute saying that people who have caused injuries to police officers, they should be let off if they have taken law into their own hands.

[00:09:25]More than 90 people have suffered injuries as far as the students are concerned.

[00:09:30]And the list is growing.

[00:09:33]No, no, I'm just as a matter of abundant caution saying this.

[00:09:39]And some kind of my lord directions need to be passed in relation to in relation to the fact as to when a situation like this happens, what is the code of conduct that the law enforcing agency has to maintain.

[00:09:57]>> Can I just supplement for 2 minutes?

[00:09:59]>> Then one more aspect my lord.

[00:10:01]We are also if your lordship sees the prayers in the prayer we are also asking the preservation of all the material which includes the video recordings the CCTV cameras at various places the roznamchas the circulars which were they said came into force the directions by which the police officials acted who gave those directions all that material needs to be preserved.

[00:10:45]If your lordship sees the prayers we are seeking the setting up of a special investigation team or any independent agency which your lordship may think to inquire into these incidents.

[00:11:06]And we can't have the Delhi police investigating into this when they we are alleging that they are the ones who have used excessive force.

[00:11:11]It has to be some independent agency.