The Supreme Court on Wednesday allowed the petitioners, who filed a petition seeking security for the the family members of 27-year old Tarun Butolia, who died in a violent clash during Holi celebrations at Uttam Nagar, Delhi, to make a representation to the Delhi Police Commissioner.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi passed the order in a writ petition filed by Hari Shankar Jain, Ashish Kumar Dwivedi, Harinandan Singh and Yogesh Kumar.
Declining a CBI investigation, the Court stated,"The petitioners have sought certain directions with respect to an unfortunate incident of March 4, 2026 resulting in untimely death of a 27-year-old young individual besides multiple injuries to [others]. We find that some of the directions sought are essentially administrative issues re safety and security of individuals from the victim's family. This aspect can be well examined by the Delhi police, for which we grant liberty to the petitioners to submit a comprehensive representation to the Commissioner of Police."
It further gave liberty to the petitioners to approach the High Court if the grievances are not effectively addressed by the Delhi police."There is no gainsaying that the police authorities will evaluate the threat perception and will take remedial measures as may be required. If the petitioners' grievances are still not effectively addressed, liberty is granted to approach the High Court."
During the hearing, Advocate Vishnu Shankar Jain, for the petitioners, submitted, "Because of a water balloon, a brutal incident of lynching has happened. A boy has lost his life. In Tehseen Poonawalla, this court has said there should be remedial measures so far as the family is concerned...".
Hearing him, the CJI expressed difficulty in ordering a CBI probe. "Every day CBI people come and raise their hands...their hands are full".At this point, Jain said that the petitioners were not pressing a CBI probe, but rather seeking remedial measures for the victim's family. When the counsel referred to a Delhi High Court judgment, the CJI refused to venture into the aspect, as the judgment was not in challenge before the Court.
"Please go to Delhi High Court. Investigation is going on. Delhi police is a fairly professional police. Don't demoralize the entire forces like this", CJI Kant said. It was added that grievances can first be raised before the Commissioner of Police, Delhi, and if not resolved, then before the Delhi High Court.
According to the Delhi police, Tarun died following a clash between neighbouring families of Hindu and Muslim communities over a dispute regarding the throwing of a water balloon on the day of Holi.
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