New Delhi: The Delhi high court on Monday, April 25, directed the Delhi Police Commissioner to look into and fix responsibility for the “serious lapse” outside the residence of Chief Minister Arvind Kejriwal last month when members of the BJP youth wing allegedly breached the barricades, reached the gate and destroyed public property.A bench headed by acting Chief Justice Vipin Sanghi, which was hearing a plea by Aam Aadmi Party MLA Saurabh Bhardwaj on the attack outside the CM’s residence on March 30 during a protest by the Bhartiya Janta Yuva Morcha against his remarks on The Kashmir Files film.Bhardwaj, in his petition through advocate Bharat Gupta, has sought the constitution of an SIT. He was represented by senior advocates Abhishek Manu Singhvi and Rahul Mehta.“Videos and photographs show that these goons casually walked through the security cordon (maintained by Delhi Police), kicked and broke the boom barrier, broke the CCTVs cameras with lathis, threw paint on the gate of the residence, and almost climbed over the gate, while Delhi Police personnel simply looked on, doing little to stop the protestors,” the plea alleged.The bench, also comprising Justice Navin Chawla, pointed to police’s failure in ensuring security at a time when the BJP’s youth wing went ahead with an agitation it was declined permission for.“The bandobast made outside the residence of the CM and the road leading to the residence, in the wake of the permission sought on behalf of Bhartiya Janta Yuva Morcha which was declined, was not adequate,” said the bench.“It is very clear that there has been a failure on part of the force to prevent the incident. We want the Commissioner of Police to look into the lapse on part of the police,” the court observed.The court noted that as per the status report, certain miscreants breached the barricades and reached the gate of the residence, and said, “In our view, the aforesaid lapse is a serious lapse and should be looked at by the Commissioner of Police, Delhi Police.”“He (CP) should inquire into firstly whether bandobast was adequate, secondly the reasons for the failure of the arrangements made and thirdly fix the responsibility for the lapse which admittedly has occurred,” it added.The court stated that it was not satisfied with the police status report, which was given in a sealed cover, as far as the security arrangement was concerned and granted two weeks to the police commissioner to file a further status report, including on the aspect of the review of the CM’s security.“In case of any lapse in the investigation in the matter, the magistrate concerned may look into it and there are judicial remedies available,” it added.Additional Solicitor General Sanjay Jain, appearing for the Delhi Police, stated that the investigation in the matter was ongoing and a review of the CM’s security has been undertaken.He added that a failure does not mean that the bandobast was fundamentally flawed.“Once there is a failure, there has [be] consequences. Responsibility has to be fixed so that remedial action is taken. It is the constitutional office we are concerned with,” said the bench.Hindustan Times has reported that the court also said that the incident at the residence of a constitutional functionary is a very disturbing state of affairs. “It is an important facet of our democracy, irrespective of the ideology,” the court said.In his petition, the AAP MLA had said that while he strongly supports the right to protest peacefully, even if such protest is against the Delhi Government, violence cannot and ought not to be permitted and condoned.On April 1, the high court had sought a status report from the police concerning the incident and said that an “element of fear” was sought to be created by the “unruly crowd” and the police force at the spot was “inadequate” and “outnumbered”.The matter will be heard next on May 17.(With PTI inputs)
