Lawyer moves Supreme Court for SIT Probe in Patiala House and JNU Incidents [Read Petition]

Subhash Chandran, a lawyer practicing in Delhi has approached the Supreme Court today seeking an independent instigation in Patiala House Court and JNU incidents by a Special Investigation Team [SIT]. Senior Advocate C.U.Singh mentioned the Petition Today and it is posted for hearing tomorrow along with Kanhaiya Kumar’s Bail Application.

It is alleged in the Petition that;

“the Petitioner seeking redress as one of the many innocent victims of a shocking assault and use of criminal force carried out on 15.02.2016 by criminal elements, including advocates, within the premises of the Patiala House Court complex, located barely 1.3 km from this Hon’ble Court. On 15.2.2016, thePetitioner and other innocent lawyers, journalists and students from the Jawaharlal Nehru University were attacked and their cellular phones smashed to pieces by these criminal elements in a clearly premeditated manner in an attempt to commit violence on Mr. Kanhaiya Kumar who was being produced before the Magistrate on charges of sedition.  

The Petitioner is aggrieved because of the complete failure by the Delhi Police headed by Delhi Police Commissioner Bassi  to protect the Petitioner and to ensure his safety as well as the safety of others inside the Patiala House Complex. The Petitioners right to life and dignity under Article 21 as well as his right to carry on his profession under Article 19(1)(g) of the Constitution of India were infringed as a direct result of the inaction of the Respondent Delhi Police and the Respondent Police Commissioner”

Petition also raises the following questions of general public interest-

a) Whether the officers of Delhi Police who was very much involved in the attack which took place on the students of JNU and the teachers and the journalists at the Patiala House court complex can be relied upon for a fair and unbiased investigation?

b) Whether the Delhi Police is conducting the investigation with a fair and just attitude towards the whole incident even after the Union Home Minister declaring the JNU students as agents of Terrorists and Anti-nationals

c)Whether an independent investigation by a special investigation team is necessary to unearth the truth in this case and find out the truthfulness behind the allegations made against the students of JNU?

d)Whether a transparent and unbiased investigation is possible against the student organisation of the ruling party government wherein serious allegations and documentary evidences are available?

It is also stated that, on the same day the petitioner along with other complainants approached the police to file complaint against the people who were clearly indulged in the criminal activity inside the Patiala House court complex they were met with cold shoulders and were made to wait inside the police station. Even after hours of waiting their complaints was not registered. He also lodged a complaint through Email reiterating the same incident on 16.02.2016.

The Petitioner has made the following prayers in the Petition

a) Issue a writ of mandamus or any other writ or direction to the Respondent No.2 to take strict action against the people who were responsible for assaulting, terrorizing and disrupting the legal proceedings on 15.02.2016 and again on 17.02.2016 at Patiala House Court Complex; or,

b) Issue a writ of mandamus or any other writ or direction to order an independent investigation by a Special Investigation Team into the above mentioned incident which took place on 15.02.2016 and 17.02.2016 at Patiala House Court Complex and if such allegations are found correct, pass further consequential and necessary directions, including initiation of criminal prosecution as well as disciplinary proceedings against the police officers of the Delhi Police found involved and also against the persons who are found guilty for committing such vindictive act of atrocity was done; and

c) Issue a writ of mandamus or any other writ or direction to order an independent investigation by a Special Investigation Team into the incident which took place on 09.02.2016 inside the JNU Campus and the alleged sedition charges against the JNU students and if such allegations are found baseless, pass further consequential and necessary directions in the interest of justice; and

d) Issue a writ of mandamus or any other writ or direction to Respondent No.2 to protect the life of Mr.Kannaiya Kumar who is currently in judicial custody; and

e) Issue a writ of mandamus or any other writ or direction to any other force to comply with the judicial orders of this Hon’ble court in letter and spirit which is capable of handling emergent situations; and  

f) Issue a writ of mandamus or any other writ or direction to the Respondent No.3 to personally present before this Hon’ble court and explain as to why the direction of this Hon’ble court has not been complied with.

Read the petition here.