Republic Day Violence: Delhi High Court Dismisses For Default Plea Seeking Action Against Police For Failing To Discharge Duty

The Delhi High Court on Friday dismissed for default a petition seeking action against the police officers who allegedly failed in discharging their duty during the violence that erupted in the national capital on Republic Day, in wake of farmers protests against the Central Farm Laws.

The Bench of Chief Justice DN Patel and Justice Jyoti Singh noted that no counsel appeared on behalf of the petitioner to argue the matter and that petitioner was not represented during the previous occasions too.

The petition was filed by one Dhananjai Jain, a resident of New Delhi through Advocate Bhoop Singh in January this year.

The PIL sought removal of "people squatting" under the garb of Kisan Agitation by putting adequate para military forces and removal of the Commissioner of Police from his post including punishing other police officers who had failed to discharge their duty efficiently.

According to the petitioner, the farmers agitation took an aggravated and violent turn, reaching the interiors of Delhi armed with "weapons, hockey sticks, swords and other assault weapons" and in turn disturbing the peace, law and order and tranquility in the city.

"Protestors and farmers put the entire capital to ransom and the whole life of capital was brought to stand still. It raised serious alarm and anxiety amongst the citizens and in particular those living in Delhi. The news reports and electronic media reveals that the mob had taken to absolute violence and the police personnel were beaten and chased away leaving the entire Red Fort under siege of the mob and protestors," the plea had stated.

According to the plea, it was due to lack of timely decision making by the Commissioner and other highly placed officials of Delhi Police that the police post at the Red Fort was abandoned by the police.

"Despite the police being chased away by the protesters brandishing swords and other weapons of assault the higher officials of the police did not wield appropriate force to deter and disperse the mob of protestors resulting into structure of the token of sovereignty of India namely the Red Fort being put .under siege by the protesters. The national monument and national flag was humiliated by hoisting the flag of the protestors," the plea had said.

The petition made the Union of India, Ministry of Home Affairs and Commissioner of Police, Delhi as respondents in the matter.

Case Title: Dhananjai Jain v. Union of India