Thread by @barandbench

DelhiHighCourt will hear today the PIL filed by @AamAadmiParty MLA Saurabh Bhardwaj seeking SIT inquiry into the alleged attack on Delhi Chief Minister Arvind Kejriwal's house.
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In the last hearing on April 1, the Court had remarked that it wanted to know that the Delhi Police was taking the matter serious and therefore sought a status report on the incident.
Read the full story here:
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The petition will be heard by a Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla.
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Court breaks for lunch. Arvind Kejriwal house attack matter will be the first case to be taken after bench reassembles.
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Hearing starts.
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Sr Advocate Abhishek Manu Singhvi appears for petitioner.
ASG Sanjay Jain for Delhi Police.

Advocate Amit Mahajan appears and requests matter to be taken up after five minutes.

Mahajan informs that they have filed a status report in sealed cover.
Case to be taken up after some time.
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Hearing resumes.
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Sr Advocate Rahul Mehra says he is appearing for GNCTD.
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ASG: On the last occassion, certain directions were passed. Those directions have been complied with. Investigation is going on. Status report is presented before you. Please have look.
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Judges peruse the report which has been filed in sealed cover.
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ASG: Most of the people have been identified and issued notice. Whatever is required to be collected is being collected.

ASG: So far as this PIL is concerned. My submission is law is very clear on this matter. Only when some sorty of laxity is found, should the court issue direction. My submission is for the time being, matter should be closed.

ASG: If your lordships want to set some time frame, you can do that.
Bench: The point is this kind of an incident happening at resident of any kind of constitutional functionary is very disturbing state of affairs.

Bench: One thing which emerges from your report is that you have put up these barricades. They were denied permission yet they came. First barricade is breached, second is breached and third is breached. What kind of bandobast is this? You have seriously look at your functioning.

Bench: It could have been anybody. It could have been union minister, High Court, Supreme Court judge anyone.

J Chawla: When the barricading was broken was any additional force called for?
J Sanghi: Was any wireless messages sent?
ASG: The messages were there. Force was used in the sense that water cannons etc were used.

ASG: All the aspects are being examined. There is no doubt that such a thing should not have happened.

ASG: The bandobast was done. One company of male officers and another company of female officers were immediately called. The review of the security has also been conducted vis a vis this particular resident.

ASG refers to incident of AAP leaders entering LG's house and allegedly laying 'seize' there.

Judges discuss among themselves.
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ASG: Another aspect is that this resident of CM is on a very important running road. There is no buffer. We will examine now as to if at all anything went wrong and how in future..

Bench: It is very clear that there has been a failure on part of the force to prevent the lapse.

Bench: There are two aspects. One is the lapse. Second is about miscreants and what action you have taken. You say that is going on, it's fine. But on this lapse we definitely want you to...

Singhvi: We are handicapped. We do not have the status report. There is nothing which can be matter of national security. the report should be made available.

Singhvi: In a matter like this they should share what has happened.
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Singhvi: For a 20 minute lapse on a flyover, SC has passed directions. Here people have almost entered the house. If it had been any other functionary, would it had been same?

Singhvi: SITs have been constituted for all and sundry cases.

Singhvi: The micreants can be seen on the video. Please see those. Those who were on the video are felicitated by the political powers.

Singhvi: My affidavit shows a felicitation function. Does my learned friend tell your lordship what actions have been taken against police officers? Would it be possible for any other political formation to hold such programme?

Singhvi: This is shocking. Nobody in Delhi could have done it.

Singhvi: The police will be under extreme pressue and cannot possibly have an impartial investigation.

Singhvi: That is why an SIT has to be constituted.

Singhvi: It is overall context that matter. Do not read the lines. Read between the lines. Police can't take action against the police. The people in the photos cannot be punished by them. It is the question of will.

Singhvi: Just imagine if the situation were reversed for any other political formation.
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Mehra: I will highlight the issue of Special Public Prosecutor. The very issue of CAA protests and farmers' protest cannot be looked into by the prosecutors who are looking after 99%... how can an agency which is under influence of political party can be thought to be independent

Judges go through the video supplied by Singhvi.
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Bench: We are definitely not satisfied with your report. You have only admitted your failure that there was a breach. How the police be heard to say this?

ASG: This report was presented with the objective to address the questions raised by my lords.

ASG: We have made it very clear to the police that we have be forthright. But it is the factual position. Right now the investigation is in progress. Everything will be examined. Prima facie, the picture that has emerged is that barricades were placed. Bandobast was made.

Bench: One is the aspect of protestors jumping the barricade and other is damage to property. What Dr Singhvi has pointed out, if there is any lapse in investigation, magistrate will look into that. But so far as bandobast is concerned, we will look into that. .

Bench: This definitely needs investigation at highest level and we need an investigation and report on that. We want that. In your report you say certain things. We want to know how this entire things panned out and how the police at the spot reacted.

Bench: Security failure is something that should come with consequences. You present a report on that.
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ASG: The matters which are not germane to present controversy are being agitated. The issue of SPP is being raised.
Bench: We have told you what our concerns are. What you say or what Mr Mehra says is not the issue.

ASG: PIL is a pious institution. A PIL petitioner is informant. In this case, the petitioner's role is over. He does not have to champion the cause of CM's office. You can take it as a suo motu petition.

ASG: Comparing this with the incident in Punjab is... these situations are completely different.

ASG: The solemnity of office I am not comparing.
Bench: Let us not get into that. We are not concerned with that. You don't have to respond to every submission. We have told you what is running in our mind. Some responsibility has to be fixed.

Bench: This has happened today, this may happen tomorrow. This is a very important facet of democracy. Irrespective of our ideology, irrespective of our political party... Just like Prime Minister is Prime Minister of country. It is the constitutional office we are concerned with

Mehra: My lords have very clearly placed what is bothering you at the moment. Justice Bakhru has also passed a few orders on instances that have happened in the past. The police should review the situation and the road should be blocked. They should file a report in 24 hours.

Bench: It is not for us to say what arrangements should be made.
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Mehra: There is nothing to hide. The status report should be shared with us. Petitioner is a member of legislative assembly as well.
Bench: We are not saying petitioner has no locus.
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Judges discussing amongst themselves.
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Bench: We are not inclined to give the status report at this stage. We have looked at it and we are issuing directions on it.

Order: A reading of the status report shows that the bandobast made outside the residence of CM Delhi and the road leading to it in wake of permission sought by BJYM which was declined was inadequate and they failed to prevent some miscreants from eventually reaching the gate and

vandalising the public property. As per the status report, the Police had barricaded the area at three locations which are given in the status report. The miscreants, according to report, were able to breach the barricading and thus able to reach the residence of the CM.

Order: IN our view, the lapse is a serious lapse and should be looked at by the Commission of Police and he should enquire into first, whether the bandobast was adequate; the reasons for failure of arrangement made and thirdly fix the responsibility for the lapse that has...

Order: ... occurred.

Order: As we are about to dictate further, on the aspect taken note of hereinabove, Mr Jain states that a review of security arrangement has been taken and steps have already been implemented.

Order: Let a further status report be filed in terms of this order within two weeks. The status report should disclose the aspect wrt to security arrangement and what steps have been taken so that such incident does not take place in future.

Order: It goes without saying that the security measures which may jeopardise the security itself should not be disclosed.

Next date of hearing is 17 May.
Hearing over.
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