Thread by @barandbench

Delhi High Court to shortly begin hearing PIL filed by AAP MLA Saurabh Bhardwaj seeking inquiry by special investigation team into the alleged attack on Delhi Chief Minister Arvind Kejriwal's house.

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Hearing starts before the bench of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta.
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Sr Adv Abhishek Manu Singhvi appears for the petitioner. ASG Sanjay Jain for Delhi Police.
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ASG informs that DCP North is present in the court and has the status report.
Report is handed over to the court.
ASG: If the report is satisfactory, we can close the proceedings.

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Singhvi: We have not received anything. This can't be a one way proceedings.
ASG: You have no locus. CM security is matter between Delhi Police and the court.

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Bench: This is not the forum of cross talk.
Bench examines the status report.
Sr Advocate Rahul Mehra also appears for the petitioner.

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ACJ: Mr Mehra they have taken a decision that no protest will be allowed at Civil Lines Metro station. They say meetings have been held with residents...
Mehra: There are other constitutional authorities in Delhi. This is the third occassion when something like this has...

... happened. What is the difficulty in making the entire stretch protest free. Can they allow same thing outside PM's residence?

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Mehra: At least a question should be put to them.
ACJ: What do you mean make it protest free?
Mehra: There is Sec 144 at Rashtrapati Bhawan and 7 RCR. What is the difficulty in doing the same thing to CM's residence.

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ASG takes exception to Mehra calling the police incompetent.
ACJ: We feel no difficulty in sharing this report with the petitioner.

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ASG: This is a PIL for constitution of SIT. I said it cannot be done at this stage. Your lordships asked us what we are doing. Keeping aside the petition's merit, we have come up with the compliance.

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ACJ: We are not even looking at this SIT business for the moment. But look at other prayers.

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ACJ: Your report relates to the later two aspects.
ASG: The role of the PIL petitioner is an informant.

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ACJ: Since this concerns the CM's security, we would not like the complete disclosure of information to public at large. We can say this be given to CM's secretariat in sealed cover.

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Singhvi: Please don't say in any manner that this can or cannot be given to us. Pragmatic observation for the time being serve the purpose.

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Singhvi: The point now is has any word been said about any departmental action taken against erring officers.
ACJ: This has been dealt with in this report.

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Singhvi: The ASG is making SIT sound like an alien. The video of the attack is amazing. The persons in the video are being felicitated. Is it a small thing?
ASG: What can the Delhi Police do about it?

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Singhvi: Can a law officer (ASG) support this?
ASG: When have I supported this?
Bench: what is the position in regard to the FIR?

Court is told that there is a dispute about appointment of Jain as Special Public Prosecutor (SPP) in this case.

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Mehra: On the fact of it, there is contempt of SC's judgment. that is the level of respect the Delhi Police has for the court.

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Bench asks the DCP what is the status of investigation.
DCP: We had arrested eight people and notices have been sent to 20 others.

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Order:
Status report has been submitted in the court in terms of our last order. We have perused the same. Since it concerns the arrangement at the residence of hon'ble CM in view of aspect of his security. We are not inclined to share the same with petitioner.

Order: However a copy be sent to CM secretariat in sealed cover. DCP North states that eight persons were arrested during investigation and were granted bail. Section 41A CrPC notices have been issued to 20 other persons.

Order: he says a report in this regard will be filed before the magistrate. Let a further status report with regard to status of investigation be placed before us.

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Mehra points out that demostration was led by BJP leader.
Mehra: We want to know whether notice has been sent to this particular person?

Mehra: We want to know that has any action been taken against people exhorting the protesters?

ASG asks that the departmental investigation against Delhi Police's officers be redacted from the report to be submitted before Chief Minister.

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ACJ: The whole issue concerns lapses. We have observed that there have been lapses therefore the issue about disciplinary action...
Mehra: They want to hide it from CM.

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Bench: You will not redact anything. Give the entire report.

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Hearing over. Matter will now be taken up on July 21.

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