Delhi CM residence vandalization case: Charge sheet filed against 30 persons, Delhi Police tells HC

ASG Sanjay Jain had urged the court that the departmental investigation against the Delhi Police officers be adapted from the report before sharing it with the CM Secretariat. The court declined the request. The matter has been listed for July 21. During the hearing, ASG Jain said, "If the court is satisfied with the report, the matter can be closed now."

New Delhi: The Delhi Police on Thursday told the Delhi High Court that a charge sheet has been filed against 30 persons in the matter related to vandalism at Chief Minister Arvind Kejriwal's residence. Delhi Police also filed a fresh status report in a sealed cover in the matter. The bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad has now listed the matter for August 8, 2022, for a final hearing.

The bench was apprised by senior advocate Abhishek Manu Singhvi, who appeared through video conferencing, that the previous status report has been received by CM Secretariat last evening. He also said that this is a matter of intrusion in the residence of a constitutional dignitary. It should have been investigated by an SIT. The High Court had directed to supply the status report on May 30, 2022.

On the other hand, standing counsel for Delhi Police Sanjay Lau filed a fresh status report. The bench asked him what the status report is all about. He submitted that the status report is about the investigation, and a charge sheet against 30 accused persons has been filed in the concerned court. He also said the work for installing the gate near the CM's residence is 60 per cent complete and the remaining work would be completed shortly.

Additional DCP Anita Rai also appeared before the court. The bench asked senior counsel Singhvi when he would like to argue the matter. Singhvi said that he required time to study the report that was given last evening. Thereafter the court listed the matter for August 8, 2022. Earlier the bench of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta had said, "Since the matter is connected with the security of the Chief Minister, we are not inclined to share the status report with the petitioner."

However, the copy of the report is sent to CM Secretariat, as the bench had ordered. The bench had noted that the DCP North has stated that eight persons have been arrested and are on bail. Other 20 persons have been served notices. The charge sheet in this regard will be filed before the concerned magistrate. The bench had ordered, "Let a further status report with regard to the investigation be filed before us.

ASG Sanjay Jain had urged the court that the departmental investigation against the Delhi Police officers be adapted from the report before sharing it with the CM Secretariat. The court declined the request. The matter has been listed for July 21. During the hearing, ASG Jain said, "If the court is satisfied with the report, the matter can be closed now."

Senior advocate Abhishek Manu Singhvi objected to the submission. He said, "This cannot be a one-sided hearing. We have not received anything. There has to be a participative hearing." ASG submitted that the petitioner has no locus. "Your complainant has been taken note of. Now the matter is between the court and Delhi Police," he said. The bench said that it is not a forum for cross talks. "let us first examine the report," it said.

The bench noted that the Delhi Police has taken a decision not to allow protests in the area and to erect a gate at the entry and exit of the road. Senior Advocate Rahul Mehra submitted that there are many functionaries. This is the third incident. "What is difficult to make that stretch of road protest-free? Jantar Mantar is there for protest," he said.

Mehra said, "why they are hesitant. There is a 144 at Rashtrapati Bhavan and they continue to renew it. What is the difficulty with outside the CM residence?" Earlier, the Delhi Police on Tuesday informed the Delhi High Court that the Security of the Chief Minister of Delhi residence has been beefed up and also no protest will now be allowed at Civil Lines Metro station.

Mehra appeared for the petitioner had earlier submitted that imposing Section 144 around the house like Rashtrapati Bhawan and other places should also be considered. The Delhi High Court had shown displeasure with the Delhi Police status report over the incident of violent protest and vandalism outside the Delhi Chief Minister's residence and said what happened at the residence of a constitutional functionary is a very disturbing state of affairs.

The bench had said, "we are not satisfied with the status report in regards to 'Bandobast' made at the CM residence." The bench while seeking a further status report from the Police, directed it to disclose reasons for the failure of arrangements made and fixed the responsibility of the lapses in the next status report.

The court during the earlier hearing had further said that three barricades were breached by the protestors. "You (Police) need to look into the functioning and bandobast. It could have been anybody, Union Minister etc. There has been a lapse on part of the force and we want the Commissioner of Police to look into this," it said.

Additional Solicitor General (ASG) Sanjay Jain appearing for Delhi Police had submitted before the court that this incident should not have happened. A review of security has also been done. CCTVs have been preserved as part of the investigation. People have been identified, and 41A notices have been issued. ASG Jain for Delhi Police had further submitted that in the present matter investigation is in progress.

Different angles of CCTV cameras will be forensically examined and then a proper picture will emerge. An inquiry will be conducted at the highest level. Senior advocate Singhvi appeared for the Government of NCT Delhi had said, "we are not served with the status report submitted by the Delhi Police. Those seen in the video were facilitated by political powers.

Apex court recently passed directions for the lapse in PM's security. But here people broke three level barricades of CM's residence. The court was hearing the Public Interest Litigation filed by the AAP leader Saurabh Bhardwaj against the alleged attack and vandalization at the official residence of the Delhi Chief Minister on March 30.

The plea sought direction for the constitution of a Special Investigation Team to undertake an independent, fair, and time-bound criminal investigation with respect to the attack and its perpetrators. AAP MLA Bhardwaj stated that the party strongly supports the right to protest peacefully, even if such protest is against the Delhi government, it is submitted that in the name of protest, violence cannot and ought not to be permitted and condoned, plea stated.

It had further stated that, in this case, the violence was especially egregious as it was directed toward the Delhi CM and his family. It was meant to subdue, by the use of force, the highest elected official in NCT of Delhi and therefore the elected Government of Delhi. This was a direct attack on democracy.

The plea further submitted that those who were charged with the protection of the Delhi CM, that is, Delhi Police, completely abdicated their duty, without any regard for the fact that they were protecting an elected constitutional functionary and the fact that he was given Z plus security by Delhi Police itself. (ANI)