The Delhi High Court on Wednesday dismissed a public interest litigation (PIL) petition filed by a lawyer against the forced removal of activist Sonam Wangchuk amid his hunger strike at a protest site in Jantar Mantar.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia pointed out that a similar issue has already been raised by Wangchuk's wife, Gitanjali Angmo."This was raised by his wife. If you are still aggrieved, since it is a solitary event, approach the authorities," the Court told the PIL petitioner.The petitioner persisted that he is seeking wider reliefs.
"I am not seeking registration of FIR. I am seeking the constitution of a committee...Apart from Mr Wangchuk, several other protesters were also beaten up. What happened on July 18 was a public issue not a private issue. Therefore I am saying issue notice and pass interim orders," he said.The Court, however, was not persuaded to hear the matter further, suggesting that the police should be first approached to register a criminal case if the petitioner feels a crime has been committed.
"SIT will be constituted only after the registration of FIR... His wife has approached the court and filed an appeal as well. So far as FIR is concerned, the person (Wangchuk) has not lodged any (complaint). If you feel an offence has bee committed, you can file an FIR or file a private complaint."
It proceeded to dismiss the PIL, observing that the issue of Sonam Wanchuk's removal from Jantar Mantar has already been examined by the Court in a July 21 order passed on his wife's petition.The PIL concerned the early morning removal of climate activist Sonam Wangchuk from Delhi's Jantar Mantar on July 18, after he had been on an indefinite hunger strike for about 20 days as part of protest led by the Cockroach Janata Party (CJP) over paper leaks in national examinations.
The Delhi Police shifted Wangchuk to Safdarjung Hospital, citing his deteriorating health. However, protesters alleged that Wangchuk was forcibly removed without his consent in a pre-planned operation involving plainclothes personnel, human chains and white sheets that shielded the action from public view. A Division Bench of the High Court yesterday directed that Wangchuk be allowed to shift to Medanta.
The PIL dismissed today, filed by advocate Shakeel Abbas, sought an independent judicial inquiry into Wangchuk's removal and the dispersal of protesters from Jantar Mantar on July 18.Abbas contended that Delhi Police used excessive force, illegally detained several demonstrators and prevented them from exercising their constitutional rights.
The petitioner also prayed for directions to ensure that no coercive action is taken against Sonam Wangchuk and other protesters, except in accordance with law, and for directions to ensure that protesters are not harassed.
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