The Delhi High Court on Friday refused to entertain a public interest litigation petition filed by NGO Save India Foundation seeking directions to the Delhi Police to initiate criminal action against Cockroach Janta Party protestors for indulging in arson, physical attack on police staff and damaging public property at Jantar Mantar.
A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said that the petitioner is at liberty to approach the authorities who may take appropriate action under law.
"Heard the counsel for the petitioners. This PIL has been filed with the following prayers. We are of the opinion that in view of the law laid down by the Supreme Court in respect of Damage to Public Properties Act and the 2018 judgement, we permit the petitioner to represent his cause with the authorities concerned, the representation shall be attended to and appropriate decision warranted under law shall be taken. The decision shall be communicated to the petitioner," the Court said in its order.
The petition alleged that Delhi Police has failed to take legal action against the protestors attacking the police personnel on duty and causing damage to public property.As per the plea, the protestors were following the pattern of civil unrest employed in neighbouring countries Sri Lanka, Bangladesh and Nepal by inciting the public via social media messages to uproot the current administration.Certain lawyers are also promising free legal aid to such protestors, the plea said.
The plea said that the protestors are trying to topple the democratically elected government and issuing ultimatums demanding the resignation of the Union Education Minister.The petitioner said that criminal action should be initiated against the protestors and directions should be issued “for the safety and security of the citizen of Delhi from the violent protests".
Meanwhile, the Delhi High Court on Friday also refused to entertain a public interest litigation (PIL) seeking a probe by the National Investigation Agency (NIA) into the Cockroach Janta Party (CJP) protests and its march to parliament on July 20.A Bench of Chief Justice DK Upadhyaya and Justice Tejas Karia said that an order for an NIA probe was for the Central government to decide and not the Court.
"We can't substitute our satisfaction to the satisfaction of the Central government," the Bench said.Even as the petitioner's counsel and lawyers for the Central government urged the Court to issue notice in the matter, the Bench began to order,At this juncture, Solicitor General of India (SG) Tushar Mehta, appearing for the Central government, asked the petitioner to withdraw the plea.The petitioner then agreed to withdraw the plea.
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