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IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION


I

WRIT PETITION (CRL) NO ..

~....

OF 2016

(Petition under Article 32 of the 'Constitution of India)

(PUBLIC INTEREST LITIGATION)

IN THE MATTER OF:


K~MINI

... PETITIONER

JAISWAL
VERSUS

... RESPONDENTS

UNION OF INDIA & ORS.

WITH
CRL. M. P. No. _ _- - - OF 2016

Application for Interim Direction'

PAPER - BOOK
(PLEASE SEE INDEX INSIDE)

ADVOCATE FOR THE PETITIONER: PRASHANT BHUSHAN

--,,-"'.------------~-

--------------------------

INDEX
S.N.

r--

PARTICULARS

PAGES

i
----

I.

Listing Performa

2.

Synopsis &, List of Dates

3.

Writ Petition with Affidavit

4.

ANNEXURE P-l

Copies
dated
details
Patiala
5.

A to A-I

'i3-?(
1

-;;It

of soine news reports


16/17.02.2016 glVIng
of the said events at
House.

ANNEXURE P-2

A copy of the said report dated

nil.
6.

ANNEXURE P-3

A copy of the order dated


17.02.2016 in the Writ petition
(Criminal) No., 25 of 2016.
7.

ANNEXURE P-4

A copy of the second order


dated
17.02.2016
of
this

Hon'ble Court in Writ petition


(Criminal) No. 25 of 2016.
8.

ANNEXURE P-5

Copies of the said News


Reports dated 18.02.2016.
9.

ANNEXURE P-6

copy of the- report dated


18.02.2016 by a team of 5
senior lawyers.

10 ANNEXURE P~7 .

Copy of the report of defense


la\\ryers dated nil.
11

\ DCG-I! I

ANNEXURE P-8

Copy
of
report
dated
17,02.2016 by the Registrar
General, High Court of Delhi.

\\1--- 1'2--0

12

ANNEXURE P-9

Copy

the report dated


19.02.2106 by Shri Ajit Kumar
Sinha, Sr. Advocate.

13

of

\~\

ANNEXURE P-IO

Copy of the report dated


19.02.2016 of the Delhi Police.
";",

14 ANNEXURE P-l1

A copy of the National Human


Righ ts Commission issued a
report on the crackdown of
Delhi police.
15 ANNEXURE P-12

Copy
of
the
eye-witness
account of Mr.
Himashu,
Associate Professor, JNU dated
nil.
16

ANNEXURE P-13

Copy of the Hindustan Times


report dated 19.02.2016.
17 ANNEXURE P-14

A copy of the news report dated


22.02.2016
containing
the
transcript of relevant ext~acts
downloaded from the India
today website.
18 ANNEXURE P-14

A copy of the news report dated


23.02.2016 published in the
Times of India about the letter
of the judicial officer to the
District Judge, Patiala House.
CR. L. M. P. No.

Application for Interim


Direction

OF 2016

A
PROFORMA FOR 'FIRST LISTING
SECTION: X

The case pertains to (Please tick/ check the correct box):

Central Act: (Title)

Indian Penal Code, 186,0

Section

U/S

Centr2J Rule: (Title)

o
D
D

o
D
o
o
D
o

124A and 120B of the


Indian Penal Code, 1860
- NA-

Rule No(s):

- NA-

State Act: (Title)

- NA-

Section:

- NA-

State Rule: (Title)

- NA-

Rule No(s):

- NA-

Impugned Interim Order: (Date)

- NA-

Impugned Final Order /Decree: (Date)

- NA-

High Court: (Name)

- NA-

Names of Judges:

- NA-

Tribunal/ Authority; (Name)

- NA-

Civil

1.

Nature of matter:

2.

(a) Petitioner/ appelLmt No.1 :

KAMINI JAISWAL

(b) e-mail ID:

kaminijaiswal@hotmail.com

(c) Mobile Phone Number:


')

0.

4.

(a) Respondent No.1:

Criminal

- NA-

Union of India & Ors ..

(b) e-mail 10:

- NA-

(c) Mobile Phone Number:

- NA-

(a) Main category classification:

018

(b) Sub classification:

1807

5.

Not to be listed before:

6.

Similar / Pending matter:

7.

Criminal Matters:

- NA-

0 NoD

(a) Whether accused} convict has surrendered:

Yes

(b) FIR No.

- NA-

Date:

(c) Police Station:

- NA-

(d) Sentence Awarded:

- NA-

(e) Sentence Undergone:

- NA-

A-I

- NA-

Land Acquisition Matters:

8.

. ........

(a) Date of Section 4 notification:

- NA-

(b) Date of Section 6 notification:

- NA-

(c) Date of Section 17 notification:

- NA-

9.

Tax Matters: State the tax effect:

- NA-

10.

Special

- NA-

Category

(first

Petitioner /

appellant only):

DSenior citizen> 65 years

Legal Aiel case

D SC/ST

On custody

Doman/child

Dsabled
- NA -

11.

Vehicle Number (in case Of Motor Accident Claim matters):' .'

12.

Decided cases with citation:

- NA-

p~~
PRASHANT BHUSHAN
AOR for Petitioner(s) / Appellant(s)
REGISTRATION No.SlS

Email: prashantbhush@gmail.com
Date: 24.02.2016

B
SYNOPSIS AND LIST OF DATES

That the present Writ Petition is being filed under


Article 32 of the Constitution of India by the Petitioner for
enforcement of the fundamental rights guaranteed under
Article 14 and 21 of the Constitution of India. The
immediate cause of filing this petition is the facts which
have come to light about the blatant violation of the rule
of law and also contempt on the face of court committed
by certain la'wyers, including Respondent Nos. 3 to 5, on
15.02.2016 and 17.02.2016 in the Patiala House court
prelnises and cOlnplete inaction of the Delhi Police which
I

has been exposed by the report of 5 senior advocates


dated

18.02.2016,

report

dated

19.02.2016

of the

National Hun1an Rights Commission as well the sting


operation dated 22.02.2106 conducted by the India
Today news channel.
09.02.2016

A cultural

program

called

"A

Country

Without a Post Office" was organized by


some of the students of the Jawaharlal
Nehru University (hereinafter 'JNU').
10.02.2016

Certain news channels a.iredvideos which


allegedly

showed

some

persons

raISIng

alleged anti-national slogans.


12.02.2016

FIR was registered against certain students


of the JNU under Section 124A and 120B of
the Indian Penal Code, 1860.

D
accu sed name ly Kanh aiya Kum ar when he
was to be prod uced befor e the Metr opoli tan
Mag istrat e at the Patia la Hous e Cour ts at 2
pm

and

to

ensu re

that

the

cour t

proce eding s were conc lude d with out any


disru ption s.
17.0 2.20 16
2pm

The Petit ioner 's coun sel got a call from one
of the

defen se lawy ers who had been

perm itted by this Hon ble Cour t to be


I

prese nt at the Cour t of the ShriL ovele en,


Metr opoli tan

Mag istrat e,

Patia la

Hous e

Cour t. The Petit ioner 's coun selw as told that


';

total pand emon ium had brok en out at the


cour t prem ises and the' defen se lawy ers had
been force d to lock them selve s insid e the
cour t room in orde r to save their lives from
the unru ly mob of lawy ers. The petit ioner 's
coun sel imm ediat ely ment ione d the even ts
at the Patia la
whic h . .were being trans pired
.
Hous e Cour t prem ised befor e the accu sed
Kanh aiya Kum ar could be prod uced the
MM. Whil e this Hon' ble Cour t was waiti ng
to get the versi on of the Delh i Polic e on
this, it was brou ght to the notic e of the

E
Hon' ble Cour t by the petit ioner 's coun sel
and some senio r lawy ers thatt he accu sed
pers on was beate n up and journ alist s were
also assau lted desp ite the orde r pass ed by
this Hon' ble Cour t in the morn ing. This
Hon' ble Cour t direc ted a team .of lawy ers to
inspe ct the Patia la Hous e Cour ts and give a
repor t.
17.0 2.20 16
At4. 05pm

The cour t appo inted comm ittee subm itted


its oral repo rt that the accu sed was badly
and

beate n up, journ alist s bash ed up

polic e again failed to main tain law and


order . The comm ittee also ment ione d that
they were abus ed in filthy lang uage and
pelte d with flowe r pots, pebb les and wate r
bottle s'.

It

was

also

that

infor med

lawy ers and journ alist s were locke d insid e


the cour t room .

18.0 2.20 16

The team of 5 senio r lawy ers who were sent


by this Hon' ble Cou rt on 17.0 2.20 16 to
Patia la Hous e Cour t subm itted its writt en
repo rt to this Hon 'ble Cour t. The defen se
I

lawy ers also subm itted her repo rt befo re.


this Hon 'ble Cour t

F
18.0 2.20 16

lawy ers
News repo rts show ed that the
"""'"
(
leadi ng the assa ults on 17.0 2.20 16 and
~

....:0&.

15.0 2.20 16 were the same and that the


said assa ults were prem edita ted. The news
repo rts also ment ioned that the polic e had
rema ined mute spec tator s to this open
.~

.';".

viola tion of the law and the orde r or' this


Hon' ble Cour t. One news repo rt carri ed 'the
first perso n acco unt of a journ alist abou t
the blata nt mock ery of the judic ial proc ess
and quot ed the as sault ers viz. "Ab Ie aao
SC koap nesa ath. Kaha anga ya SC issw aqt?
(Now bring the SC with you. Whe re is the
SC right now?)".
19.0 2.20 16

An

Asso ciate

Profe ssor

at

Cent re

for

Econ omic Stud ies and plann ing; JNU, Mr.


Him ansh u, had acco mpan ied the defen se
lawy ers to atten d the cour t hear ing as a
facul ty mem ber, as per the direc tion of this
Hon' ble Cour t, and he has also given his
eye-w itnes s acco unt. He conf irms that the
accu sed was attac ked by a perso n wear ing
dark sun glass es insid e the cour t room but

"

the polic e did not make any attem pt to.


arres t him. The said Asso ciate Profe ssor

G
has been able to ident ify the said assa ilant
in a phot ogra ph publ ished along with a
In

repo rt

Time s

Hind ustan

dated

19.02 .2016 wher e he is seen wean ng a


chec ked cour t and stand ing along with
other lawy ers at the gate of Patia la Hous e
Cour t.
19.0 2.20 16

The Natio nal Hum an Righ ts Com miss ion


issue d a repo rt on the crack down of Delh i
polic e on the stud ents of JNU and the
attac k on the accu sed Kanh aiya Kum ar
and other s by lawy ers in Patia la Hous e
Cour t. The repo rt has state d that the attac k
in the Patia la Hous e cour ts comp lex on
Kanh aiya Kum ar on Wed nesd ay "app ears
to

be

orga nised

and

pre-p lanne d. "

It furth er state d that the attac k on Mr

Kum ar, who was. "abu sed and phys ically


assau lted by some pers ons dress ed as
advo cates ", was a majo r secu rity lapse on
part of the polic e. The repo rt also pulle d up
I

Delh i Polic e for "seri ous derel ictio n of duty"


and said it "did not do anyt hing to prev ent
the assau lt" on

Kl~mar

insid e the Patia la

H
Cour t

Hous e

prem Ises

Wed nesd ay

or"ap preh end the attac kers" .


As per the repor t, "He was subje cted to
psyc holog ical pres sure durin ginte rroga tlon.
I

The state ment , whic h was issue d by polic e


as an appe al on beha lf of Kanh aiya KlJm ar,
~. I.

was not writt en by him volun tarily . The


conte nt, cons truct ion and fram ewor k of the
state men t were as dicta ted by the polic e".
22.0 2.20 16

India Toda y aired a sting oper ation on 3


lawyer~,

viz.

Resp onde nt Nos.

3 to 5,

wher ein they have been show n sayin g that


they had beate n up the accu sed for 3 hour s
in the prese nce of the polic e perso nnel. In
fact, they are claim ing that the polic e were
not

only

them

supp ortin g

but

also

appr eciat ing their acts. The Resp onde nts


have admi tted that the attac ks were not
spon taneo us but in fact were pre-p lanne d.
The Resp onde nt Nos. 3 to 5 also say that
they will the same acts of viole nce when the
,

accu sed is prod uced in the cour t again .


Resp onde nt No.4 has been foun d braze nly
sayin g. that he will get a patro l bom b next

I
time and he will not leave him (the accu sed)
even if he is charg ed with murd er for doing
so. He has also state d on came ra that if he
is arres ted he woul d like to go to the same
jail and visit th.e. accu sed's cell and beat
him up there itself . Link of the said sting
video is as follows:
http: ;/ind iatod ay.in toda y.in/ story ; exc1u siv
e-kan haiya -wet -his- pants -whi le-w e-bea thim- up-in -poli ce-cu stody -say- lawy ersbehi nd -pati ala-h ouse assa ult/1 /602 690. html .

23.0 2.20 16

The Time s of India publ ished a news story


that a judic ial office r of the Patia la Hous e
Cour t has writt en .an eye-w itnes s acco unt
to the Distr ict Judg e conc erne d abou t the
incid ents of 15.0 2.20 16 and 17.0 2.20 16
wher ein he says that the attac ks by the
lawy ers were one- sided and again st all
those who were not

~n

lawy ers' garb s. ,--

24.0 2.20 16 HEN CE THE PRE SENT WRIT PETITION

1
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRL) NO. _ _ _...,.--OF 2016
(Petition under Article 32 of the Constitution of India)

(PUBLIC INTEREST LITIGATION)


IN THE MATTER OF:

KAMINI JAISW~L
43, Lawyers, Chamber,
Supreme Court of India,
New Delhi - 110001

... PETITIONER

VERSUS
UNION OF INDIA
MINISTRY OF HOME AFFAIRS
THR.ITS SECRETARY
NORTH BLOCK
CENTRAL SECRETARIAT
NEW DELHI - 110001
1.

2.
DELHI POLICE
THR. THE COMMISSIONER OF POLICE,
I.P. ESTATE, ITO,
NEW DELHI
3.
VIKRAM SINGH CHAUHAN
Advocate
Through;
Bar Council of India
21, Rouse Avenue Insti~"L!-tional Area,
Near BalBhawan,
New Delhi - 110 002
4.
YASHPAL SINGH
Advocate
Through;
Bar Council of India
21, Rouse Avenue Institutional Area,
Near BalBhawan,
New Delhi - 110 002

2
5. ,OM SHARMA
Advo cate
Thro ugh;
Bar Coun cil of India
21, Rous e Aven ue Insti tutio nal Area ,
Near BalB hawa n,
New Delh i - 110 002

.. , RESP OND ENT S

WRIT PETITION UND ER ART ICLE 32 OF


THE CONSTITUTION OF INDI A REA D WITH
ARTICLE 21 OF THE CONSTITUTION\ OF
APPR OPR IATE
SEEK ING
INDIA
TO
WRI T/DI REC TION S/OR DER S
N
ATIO
INST ITUT E A SPEC IAL INVESTIG
TEAM TO INVE STIG ATE THE INCI DEN TS
AND
15'.0 2.20 16
ON
ATTACKS
OF
17.0 2.20 16 BY SOM E LAWYERS IN THE
PRE MISE S OF PATIALA HOU SE COU RT ON
THE JOUR NAL IST, STUD ENT S, TEA CHE RS,
DEF ENC E LAWYERS AND THE ACC USED
PER SON AND ALSO FOR ISSU ANC E OF SUO
MOTO CONTEMPT PRO CEE DING AGAINST
FOR
ADV OCA TES
RESP OND ENT
THE
INTE RFER ING IN THE ADM INIS TRA TION
WILLFULLY
FOR
AND
JUST ICE
OF
DAT ED
ORD ERS
THE
VIOLATING
17.0 2.20 16 OF THIS HON 'BLE COU RT.

TO,
THE HON 'BLE THE CHIE F JUST ICE OF INDIA AND 'HIS
COMPANION JUD GES OF THE SUPR EME COU RT OF
INDIA
THE HUM BLE PETITION OF THE PETI TION ER
ABOVENAMED
MOS T RESP ECT FULL Y SHOWETH:
That the prese nt Writ Petit ion
1.

IS

being filed unde r

Artic le 32 of the Cons tituti on of India by the Petit ioner for


......

r
enfo rcem ent of the fund amen tal right s guar ante ed unde
e
Artic le 14 and 21 of the Cons tituti on of India . The imm ediat

---

caus e of filing this petit ion is the facts whic h have come to

3
light about the blatant violation of the rule of law and also
contempt on the face of court comm,itted by certain lawyers,
including Respondent Nos. 3 to
17.02.2016

in

the

5,

Patiala House

on 15.02.2016 and

court premises

and

complete inaction of the Delhi Police which has been exposed


"}

by the report dated 18/2/16 of 5 senior advocates appointed


,

as

court

commISSIOners

by

this

court,

report

dated

~9.02.2016

of the

National Human Rights Commission as

well the sting operation dated 22.02.2106 conducted by the


India Today news channel.

2.

The Petitioner is a practicing advocate in this Hon'ble

Court.

3.

Respondent No.1 is the Ministry of Home Affairs which

is entrusted with the responsibility of internal security and


law & order, etc. Respondent No. 2 is directly under the
control and supervision of Respondent No. 1. ___

4.

Respondent NO.2 is Delhi Police. It is the duty of the

Respondent to ensure that there is law and order maintained


in the state of Delhi including Court premises. That the
Respondent No.2 has grossly direlectedin its duties in failing
to provide safety and security to the litigants, journalists
~

-others

~
7

in the Patiala House Court premises on the day when

the incident of took place.

4
the , ad vo ca tes wh o ha ve
Re sp on de nt Nos. 3 to 5 are
ac ks in the ab ov e me nti on ed
be en fou nd to be lea din g the att
s inc lud ing me dia rep ort s... an d
inc ide nts as pe r va rio us rep ort

5.

Ind ia To da y l-:.ews ch an ne l.
the sti ng op era tio n air ed on the
kn ow n to the Pe titi on er, the y
Sin ce the ir ad dre sse s are no t
Ba r Co un cil of Indi~.
ha ve be en Ina de pa rti es thr ou gh
na l int ere st inv olv ed in
Th at the Pe titi on er ha s no pe rso
6.
ks to pro tec t the rig hts of the
the pre sen t ma tte r an d on ly see
y do no t
o in the ir ind ivi du al ca pa cit
I cit ize ns, liti ga nts wh
ge or me an s to ap pro ac h thi s
po sse ss the ne ce ssa ry kn ow led
of the ir gri ev an ces . Th at the
Ho n'b le Co urt to see k red res sal
...

y liti ga tio n be for e an y oth er


Pe titi on er is no t inv olv ed in an
ha s a ne xu s wi th the ins tan t
foru111/ co ur t/ au tho rit y, wh ich
<;.

Pe titi on .
on er ha s no t ap pro ac he d
It is su bln itt ed tha t the Pe titi

7.

au tho rit y for the red res sal of


an y Re sp on de nts or an y oth er
all eg ed in thi s pe titi on are in
his griev~ce all the
tio n ha s be en tak en by the
pu bli c do ma in an d sti ll no ac
au tho rit ies..
..
co nc ern ed
.

8.

BR IE F FACTS:'

8.1 . On

09 .02 .20 16 ,

Cl.1ltur9.l

pro gra nl.

cal led "A

e" wa s org an ize d by


C011ntry wi tho ut a Po st Offic

5
Jaw ah arl al Ne hru
so me of the stu de nts of the
Un ive rsi ty (he rei na fte r 'JNU').
FIR wa s reg ist ere d ag ain st
an
,
16
.20
.02
12
on
at
Th
.
8.2
un d.e r Se cti on 12 4A
ce rta in stu de nts of the JN U
na L Co de , 18 60 . On
an d 12 0B of the Ind ian Pe
12 .02 .20 16 , Mr.

Ka nh aiy a Ku ma r,

the st,::,!-dent

al Ne hr\ ! Un ive rsi ty,


un ion pre sid en t of Jaw ah arl
sai d FIR.
\ivas arr est ed on the ba sis of the
nh aiy a Ku ma r wa s to be
8.3 . On 15 .02 .20 16 wh en Ka
te at Pa tia la Ho use
pro du ce d bef ore the Ma gis tra
Co urt s,

JN U
stu de nts an d tea ch ers fro m

jou rna lis ts


)1

we re

att ac ke d

by

so me

an d

cri mi na l

an d a sit tin g me mb er
ele me nts , inc lud ing ad vo ca tes
bly , in Pa tia la Ho us e
of the De lhi leg isl ati ve ass em
nd de fen se ad vo cat es
Co urt . Th e inj ure d jou rna lis t.a
er FIR s on the ba sis
ap pro ac he d the po lic e to reg ist
give, the na me s of the
of a wr itte n co mp lai nt an d to
the att ac k bu t ev en
ad vo cat es wh o we re lea din g
ev en t we re in pu bli c
tho ug h the fac ts of the sai d
d vid eos , of the sai d
d0111ain an d the pic tur es an
ing cir cu lat ed in the
ad vo cat es an d MLA we re be
us ed to reg ist er FIR
lTIedia, sti ll the De lhi po lic e ref
lai nt. Co pie s of the
on the ba sis of the sai d' co mp

16 giving de tai ls'


some news reports da ted 16 .02 .20

--

6
of the said even ts at Patia la Hous e are anne xed
herew ith as ANN EXU RE P-l (Pag es D.'A-'>it}.The
afore said facts have been also confi rmed by 5
facul ty mem bers of the JNU who were prese nt in the
Patia la Hous e Cour t prem ises on 15.02 .2016 . A
copy of the said repo rt dated nil is anne xed
.....,.

here\;\iith as ANN EXU RE P-2' (Page s ~~Sb).


Desp ite the fact that the entir e incid ent was wide ly
repo rted in news pape r repo rts and some of the
I

lawy ers, inclu ding the Resp onde nt Nos 3 tc?? were
not only ident ified but they also admi tted their
("

--

invol veme nt, still the. polic e did not make anl
attem pt to arres t them .
8.4. That on 16.02 .2016 , the abov e-me ntion ed even ts of
15.02 .2016 led to the filing of a writ petit ion befor e
this Hon' ble Cour t. In the morn ing of 17.0 2.20 16
after a detai led heari ng, this Hon' ble Cour t issue d
detai led order s to ensu re safet y of the acc~;ed
nmne ly Kanh aiya Kum ar when ~e was to be
;;=-

--

prod uced before the Metr opoli tan 'Mag istrat e at the

Patia la Hous e Cour ts at 2 pm and to ensu re that

the ~:s!t proce eding s were conc lude d with out ~

---~

disru ption s. A copy of the .orde r dated 17.0 2.20 16 in


the Writ petit ion (Criminal) No. 25 o~ .. 2016 is'

7
NE XU RE
an ne xe d an d ma rke d as AN

P~3(Pages

2 pm ,th eP eti tio ne r's /'


d
un
aro
at
,
16
.20
.02
17
on
at.
8.5 . Th
the de fen se law ye rs
co un sel go t a call fro m on e of
s Ho n ble Co urt to be
wh o ha d be en pe rm itt ed by thi
ele en ,
the Sh riL ov."".
pre sen t at the Co urt of
la Ho us e
Me tro po lita n Ma gis tra te, Pa tia
Pe titi on er' s

co un sel

pa nd em on ium ha d

wa s

bro~ep

tol d

C01?-~.t.

tha t

Th e
tot al

ou t at the co urt pre mi ses

be en for ced to loc k


an d the de fen se law ye rs ha d
m in ord er to sav e
the ms elv es ins ide the co urt roo
b of law ye rs. Th e
the ir lives fro m the un ru ly mo
tel y me nti on ed the
pe titi on er' s co un sel im me dia
pir ed at the Pa tia la
ev en ts wh ich we re be ing tra ns
ac cu sed Ka nh aiy a
Ho us e Co urt pre mi sed be for e the
MM. Wh ile thi s
Kun1ar co uld be pro du ce d the
t the ve rsi on of the
Ho n'b le Co urt wa s wa itin g to ge
ug ht to the no tic e of
De lhi Police on thi s, it wa s bro
ion er' s co un sel an d
the Ho n ble Co urt by the pe tit
ac cu sed pe rso n wa s
so me sen ior law ye rs tha t the
ult ed ag ain de spi te
be ate n up an d jou rna lis ts as sa
n ble Co urt in the
the ord er pa sse d by thi s Ho
I

dir ec ted a tea m of


mo rni ng . Th is. Ho n ble Co urt
Ho us e Co urt s an d.
lavvyers to ins pe ct the Pa tia la
sec on d ord er da ted
gIve a rep ort . A co py of the

8
17.02 .2016 of this Honb le Cour t in Writ petit ion
(Crim inal) No. 2S of 2016 is anne xed herew ith as
ANN EXU RE P-4(P ages 49~L{

8.6.T hat.

6 ).
at

17.02 .2016 ,

on

4.05 pm,

the cour t appo inted comm ittee subm itted its oral
repo rt that tlle accu sed was badl y beate12-:.: 'up,
..
.\

journ alist s bash ed up and polic e again failed to


main tain

law and

order .

The

comm ittee

also

men tione d that they were abus ed in filthy langu age


and pelt.ed with flower pots, pebb les and wate r
bottl es.

It

also

was

infor med

that

laV;T:;lers and journ alist s were locke d insid e the cour t


rOOlT I.

8.7

ed that the
That on 18.02 .2016 ; News repo rts show
-;:::::=----, ..,.

lawy ers leadi ng the assa ults on 17.0 2.20 16 and


15.02 .2016 were the same and that the said
assa ults were prem edita ted. The news repo rts also
ment ioned that the polic e had rema ined mute
spec tator s to this open viola tion of the law and the
order of this Hon 'ble Cour t. Copi es of the said News
.. '
mark ed
and
xed
anne
are
.2016
18.02
dated
Repo rts
as ANN EXU RE P-S(P ages 41--6 1.0ne

news

repo rt

carri ed the first perso n acco unt of a j ourn alis t


abou t the blata nt mock ery of the judic ial proc ess'

9
an d qu ote d the ass au lte rs

V1Z .

"Ab Ie aa o SC

iss wa qt? (Now bri ng


ko ap ne saa th. Ka ha an ga ya SC
SC rig ht no w? ) ".
the SC wi th yo u. Wh ere is the

,--

8.8

o we re se nt by thi $
Th e tea m of 5 sen ior law ye rs wh
Pa tia la Ho us e Co,urt
Ho n'b le Co urt on 17 .02 .20 16 to
thi s Ha n ble <;~ur.t.
su bm itt ed its wr itte n r~port to
ing fac ts in the sai d
Th ey ha ve ob ser ve d the fol low
rep ort :

(The

atm osp he re ou tsi de wa s

su rch ar ge d an d

sh ou ted an d hu rle d
intimidating. Ab us es we re also
e me mb ers . Then~
on Mr. Sibal an d all other co mm itte
te the co mm itte e
wa s an instigation to int im ida
ph ere of fea r an d
me mb ers an d create an atm os
cro wd in law ye rs)
terror. The up be at mood of the
ou tin g slo ga ns an d
dr ess wh o con~inuously we re sh
atm os ph ere wa s
ab us es to pr ese nt a terrorizing
tea m wh ich ha d
clearly visible. )) The P9lice
me mb ers from the
ac co mp an ied the Committee
the gra vit y of the
Hon'ble Su pre me Court rea liz ed
itte e me mb ers by
sit ua tio n an d circled the Co mm
officers as the
forming a Security nn g of the
ng from the court
Committee rnembers sta rte d wa lki
) the Su pr em e Court
room tow ar ds the ga te to gQ (sic
ring of the po lic e'
In the police vehicles. Sa id

10
offic ers/ cordone was brok en on more than three
occasions by the lawy ers who were pres ent in the
Court Com poun d despi te the pres ence of other DE(lhi
Police Personnel.

There

was

conti nuou s 'slogan

raising) shouting) hurling of abus es throughout. After


coming out of the court bUIlding withi n the prem ises
",

of the Patiala Hous e Court) sand stone s were throw n


on the mem bers of the Committee. Even a shar p piece
of a brok en flowe r pot was also thrown. A half-filled
plast ic

wate r

intimidating

bottle

shou ting

was
and

also

The

thrown.

chan ting

of sloga ns

continued. That but for the secur ity ring prov ided by
the officers of the Supr eme Court Secu rity police) it
woul d not have been poss ible for the Committee
mem bers to come out unsc athed . It was only on
account of the secur ity cover prov ided by the DCP Mr.
Bhar adwa j of the Supr eme .Court and his perso nnel
acco mpan ying the mem bers that the comm ittee
mem bers could be safel y evac uated from Court
I

prem ises. Though ther,e. was large numb er of police


perso nnel deployed) they could not conta in the other

==-

All Committee mem bers felt that the atmosphere) to

say the leas t not being at all congenial) was

11
surcharging, threa tenin g and frigh tenin g and the
Police had completely failed in its duty to conta in the
atmo sphe re and the crowd.))
As per the said repor t, "According to Com mitte e

meln bers unan imou sly) the respo nsibi lity had to be
faste ned on all the police perso nnel who .: .. were
.'1,

pres ent there and were awar e of the direction of this


Hon' ble

Court

desp ite

this

unau thori sedly

two

perso ns were know ingly perm itted to enter and let


assa ult take place in the Court Room and outsi de in
the Court prem ises.
A copy of the repo rt dated 18.0 2.20 16 by a team of
5 senio r law'yers anne xed heret o as ANN EXU RE p61Pa ges

bS,- \01-).

The defen se lawy ers also subm itted their repo rt


befor e this Hon 'bl~ Cour t wher ein they have ,given
their eye-w itnes s acco unt. They have in th'e"lr repo rt
affirm ed that the accu sed was badly beate n by the
lavry ers when qe was brou ght to the cour t build ing
and also insid e the Cour t hall no.
unid entif ied perso n.

3 by an

Copy of the repo rt of defen se

lavvyers dated nil is being anne xed heret o as


ANN EXU RE P-7(P ages

(1,)g---/1J ).

12
The repo rt dated

17.0 2.20 16 by the Regi strar

Gene ral, High Cour t of Delh i raise s ques tion abou t


the role of Sh. Jatin Narw al,DC P, New Delh i who
desp ite insis tence on the part of the ld. Regi strar
Gene ral of the Delh i High Cour t, did not appr ehen d
the unau thori zed perso n in plain cloth es prese nt in
,

the Cour t of the Id. MM. Apar t from the afore said
repo rts, a repor t dated 19.0 2.21 06 by ShriA jit
Kum ar Sinh a, Sr. Advo cate who had gone with the
team of 5 senio r lawy ers and the repo rt dated
19.02 .2016 of. the Delh i Polic e, have also been
subm itted befor e this Hon ble Cour t. Copy ofrepo rt
dated 17.02 .2016 by the Regi strar Gene ral, High
Cour t

of

Delh i

is

being

anne xed

heret o

as

ANN EXU RE P-8(P ages 11'.2. ... 1?. 0 }. Copy of there port
dated 19.02 .2106 by ShriA jit Kum ar Sinh a, Sr.
Advo cate is being anne xed heret o as ANNEXURE p9(Pa ges \~)

).Cop y

of

the

repo rt

dated

19.02 .2016 of the Delh i Polic eis being anne xed


heret o as ANNEXURE P-IO (Pag es Id?-.-Idf ).

8.9. That on 19.02 .2016 , the Natio nal Hum an Righ ts


COln missi on issue d a repo rt on the crack down of
Delh i polic e on, the stud ents of JNU and the attac k,
on the accu sed Kanh aiya Kum ar and other s by

13
,

urt . Th e rep ort ha s


la\vyeTs in Pa tia la Ho us e Co
Pa tia la Ho us e co urt s
sta ted tha t the att ac k in the
cOlnplex

on

"ap pe ars

to

Ka nh aiy a
be

Ku ma r

org an ise d

W ed ne sd ay

on

pre -pl an ne d."

an d

ac k on Mr Ku ma r, 'wh o
It fur the r sta ted tha t the att
ass au lte d by so me
wa s "ab us ed an d ph ysi cal ly
.
,
uri ty
sec
jor
wa s a ma
pe rso ns dre sse d as ad vo cat es" ,
~~;.:

"

rep ort als o pu lle d up


lap se on pa rt of the po lic e. Th e
ict ion ' of du ty" an d
De lhi Police for "se rio us de rel
pre ve nt the ass au lt"
sai d it "di d no t do an yth ing to
us e Co urt pre mi ses
on Ku ma r ins ide the Pa tia la Ho
W ed ne sd ay
As

pe r

the

or

"ap pre he nd
rep ort ,

"He

the
wa s

att ac ke rs" .
su bje cte d

to

g int err og ati on . Th e


psy ch olo gic al pre ssu re du rin
po lic e as an ' ap pe al
sta ten 1e nt, wh ich wa s iss ue d by
I

wa s no t wr itte n by
on be ha lf of Ka nh aiy a Ku ma r,
co ns tru cti on an d
hin1 vo lun tar ily . Th e' co nte nt,
re as dic tat ed by the
fra rne wo rk of the sta tem en t we
da ted 19 .02 .20 16 is
police" A co py of the ne w rep ort

RE P- ll( Pa ge s '~SO-/3J.
an ne xe d he rew ith as ANNEXU
,

fes sor at Ce ntr e for


On 17 /2/ 16 , an As soc iat e Pro
nn ing , JN U, Mr.
Ec on Ol nic Stu die s an d pla
de fen se law ye rs to
Hi ma ns hu , ha d ac co mp an ied the
fac ult y me mb er, as '
att en d the co urt he ari ng as a
e Co urt , an d he ha s
pe r the dir ect ion of thi s Ho n 'bl

14
lnt . He co nfi rm s tha t
als o giv en his ey e-w itn ess acc ol;
pe rso n we ari ng da rk
the ac cu sed wa s att ac ke d by a
m bu t the po lic e did
su n gla sse s ins ide the co urt roo
est him . Th e sai d
no t lnal<e an y att em pt to arr
ab le to ide nti fy the
As soc iat e Pro fes sor ha s be en
pu bli sh ed alo ng wi th
sai d ass ail an t in a ph oto gra ph
~,

/0.

da ted 19 .02 .20 16


a rep ort in Hi nd us tan Tim es
ch ec ke d co urt an d
wh ere he is see n we ari ng a
rye rs at the ga te of
sta nd ing alo ng wi th, oth er lav
of, the ey e-w itn ess
Pa tia la Ho use Co urt . Co py
iat e Pro fes sor , JN U
ac co un t of Mr. Hi ma sh u, As soc
as AN NE XU RE pda ted nil is an ne xe d he ret o
Hi nd us tan Tim es
12 (P ag es ~~(~3' Co py of the
an ne xe d he ret o as
rep ort da ted 19 .02 .20 16 is be ing
AN NE XU RE 'P- 13 (Pa ges

(3 Y ).

ia To da y air ed a sti ng
8.1 0.' Th at on 22 .02 .20 16 , Ind
sp on de nt Nos. 3 to 5,
op era tio n on 3 law ye rs, viz. Re
say ing tha t the y ha d
wh ere in the y ha ve be en sh ow n
ur s in the pre sen ce
be ate n up the ac cu sed for 3 ho
t, the y are cla im ing
of the po lic e pe rso nn el. In fac
su pp ort ing the m bu t
tha t the po lic e we re no t on ly
e Re sp on de nts ha ve
als o ap pre cia tin g the ir act s. Th
no t sp on tan eo us bu t,
ad mi tte d tha t the att ac ks we re
Re :sp on de nt Nos. 3 to
in fac t we re pre -pl an ne d. Th e

15
5 also say that they will repeat the same acts of
violence when the accused is produced in the court
again. Respondent No.4 has been found brazenly
saying that he will get a patrol bomb next time and
he vvill not leave him (the accused) even if he is
charged with murder for doing so. He has also
''.'},

..

stated on camera that if he is arrested he would like


to go to the same jail and visit the accused's cell
and beat him up there itself. A copy of the news
report dated 22.02.2016 containing the transcript of
relevan t extracts downloaded from the India today
I

website is annexed herewith as ANNEXURE p14(Pagesj?f{-\SfLink of the said sting video

IS

as

follows:

http:// indiatoday.intoday.in I story! exclusivekanhaiva-wet-his-pants~while-we-beat-him-up-in-

police-custody-say-lawyers-behind-patiala-houseassault/1/602690,html.

8.11. That on 23.02.2016, the Times of India published a


news story that a judicial officer of the Patiala
House Court has written an eye-witness account to
the District Judge concerned about the incidents of

15.02.2016 and 17.02.2016 wherein he says that


the attacks by the lawyers were one-sided and

16
against all those who were not In lawyers' garbs.
The saidreport dated 23.02.2016 is annexed as
Annexure P/15. (

8.12.

lfClJ

(~V

That on 24.02.2016, apparently Respondent


No.4 was arrested and later let out on bail.

9.

In the light of all the facts and circumstances


narrated above, the petitioner seeks the intervention
of the court on the following among other:

GROUNDS
A.

Because

the

inaction

of the

Delhi

Police

In

preventing the events of 15.02.2016 and 17.02.2016


at Patiala House Court appears deliberate and
malafide

and

has

led

to

and

threatens

the

fundamental rights if people guaranteed by article


21 of the Constitution of India.

B.

Because the reports of the Court Commissioners


and that of the National Human Rights Commission
has not only indicted the Delhi Police for its failure
to prevent the attacks by the lawyers and to ensure
the safety of the accused person but the NHRC has
also adversely commented upon, the manner

Hl

which the Delhi Police has forced the accused to


issue a statement while in custody.

17
C.

Beca use

vano us

eye

witn ess

from

acco unts

15.02 .2016 and 17.02 .2016 also state that the


polic e had rema ined mute spec tator s to the acts of
viole nce coml nitte d by the lawy ers and other s.

D.

Beca use

the

said

sting

opera tion. show s

Resp onde nt Nos. 3-5 statin g that the

the

police;~\wel:"e

not only supp ortin g them but also appr eciat ing
their acts, there by subs tanti ating the a~counts from
all sourc es that the polic e were not doing their duty
of main taini ng orde r and not 'impl emen ting the
orde rs of the court . In such circu msta nces , it woul d
be futile to allow the same Polic e to inves tigat e the
even ts of 15 and 17 Feb at Patia la Hous e, and that
a fair inves tigat ion woul d only be possi ble throu gh
an SIT appo inted by this court .

E.

Beca use

the

said

sting

oper ation

show s

the

Resp onde nt Nos. 3-5 statin g that they will repea t


the same acts of viole nce when the accu sed is
prod uced in the cour t again . Resp onde nt No.4 has
been foun d braze nly sayin g that he will get a petro l
bomb next time and he .will not leave him (the
accu sed) even if he is charg ed with murd er.. for doing
'

so, He has also state d on came ra that if he is


arres ted he woul d li~~ to go to the same jail and

19
visit the accused's cell and beat him up there itself.
This raises serious apprehension about the safety of
the accused person and others attending the court
proceedings in future.

F.

Because the report of the NHRC as well as the sting


operation conducted by the India Today show that
the attacks on 15.02.2016 and 17.02.2016 were
pren1editated

and

thus

the

attacking

lawyers

including the Respondent advocates had cOIDlnitted


conten1pt in the face of law by interferingiil. the
achninistration of Justice.
'G.

Because

the

Respondent

advocates

have

deliberately violated the orders passed by this


Hon'ble Court on 17,02.2016 and thus committed
vvillful defiance of this Hon ble Court's orders and
thereby COlTIlTIitting conten1pt of this Hon'ble Court.

10.
Petition

That the Petitioners have not filed any


before any High Court or this Hon'ble

Court seeking the same or similar relief. No injury


is caused or likely to be caused to the public.

PAAYER
Under the circuI11stances 111entioned above, it IS
7

1110St hUlnbly prayed that this Hon ble Court:

19
a.

Issue an appropriate writ, order oydirection to


constitute

Special

Inve~tig$.tion

Team

to

investigate the incidents of attacks on 15.02.2016


and 17.02.2016 by some lavvyers and others in th
pren1ises of Patiala house court on the journalists,
students,

teachers,

defense

lavvyfu aI:.S.__the \,

accused person, and, 'if found guilty, initiate action


.

theln in accordance with law


b.

Iss'ue suo 1110tO conten1pt proceeding against the


Respondent

Nos.

3-5

for

interfering

adlninistration of justice and for willfully

In

the

violat~ng

the orders dated 17.02.2016 of this Hon'b1e Court,


and, if found guilty, take consequent action there
.
.
f h
. . -------1. .
/)
upon In
exerCIse
0 t e constltutlOna provlslO~

r-"
c.

Pass such further and other orders as the Court


may

deen1

fit

in

the

interest

CirCUITIstances of the present case.

of justice

and

r-

FILED BY:

PRASHAI'{T BHUSHAN
ADVOCATE FOR THE PETITIONER

DRAWN BY:
(~

DRAWN ON: 23.02.2016


FILED ON: ,~,02.2016

IN THE SUPR EME COU RT OF INDIA


(CRIMINAL ORIGINAL JURI SDIC TION )
WRI T PETI TION (CRIM INAL ) No.

of 2016

IN THE MAT TER OF PUBL IC INTE REST LITIG ATIO N:

... PETI TION ER

KAMINI J AI SW AL
VER SUS

... RESP OND ENT S

UNION OF INDIA & OTH ERS

AFFI DAV IT

al,
I, Ms. Kam ini Jaisw al, aged 58 years , D / 0 Shri R S Jaisw
t of
havin g its office at 43, Lawy er's Cham bers, Supr eme Cour
India , New Delh i do hereb y solem nly affirm and state on oath
as unde r:That I mn the Petit ioner in the afore ment ioned writ

1.

of
petit ion and am well conv ersan t with the facts and recor ds
I

r
the case and there fore, comp etent and autho rized to swea
this affida vit.
2.

That I have read the conte nts of the List of dates and

Syno psis (Page s

~_to -:I_L

Writ

P~tition

(Page s

_l~

to

~,

."..

_
para 1__ - ~~L), and Appl icatio n for Inter im Direc tion (Page s
to __ ) and the conte nts of the smne are belie ved to ,be true
the
and corre ct to the best of my know ledge and base d on
recor ds of the case.
ion
3. I furth er state that all the Anne xure s to this Writ Petit
c
are true copie s of their respe ctive origi nals. The insta nt publi
inter est litiga tion is being filed with out' guid ed by any
perso nal inter est, priva te motiv e or obliq ue reaso ns.
4.

I state that I have accor dingl y instr ucted my advo cate

on recor d and the Writ Petit ion and t h e

acco mpan ying

ha ve be en dra fte d on the


ap pli cat ion for interilTI dir ect ion
ab ov e.
ba sis of my ins tru cti on as sta ted

DEPONENT
VE RI FIC AT IO N:

do he reb y ver ify tha t the


I the ab ov e na me d de po ne nt
are tru e
vit fro m .pa ra to
.."
co nte nts of the afo res aid aff ida
ow led ge , no pa rt of it is fal se
an d co rre ct to the be st of my kn
.~

~,

eal ed the re from.


no thi ng ma ter ial ha s be en co nc
O}..(1J da y Fe bru ary , 20 16 .
Verified at Nevv De lhi on thi s the

DEPONENT

ANNetUK~~ P~l~

d.~

Sharma and his associates .beat me up for 15 minutes,

police didn't intervene: Ameeque Jamei

Jamei claimed he was attacked when the group from the


Tanzeern "raised slogans for Arun J aitley to answer for the
state's excesses".
493 1190

.....'...
,

Written by Naveed Iqbal I New Delhi I Published:February 16,


2016 2:51 mTI

CPI minority cell general secretary Ameeque J amei .being led


away a3 MLA 0 P Sharma's supporters stop him. (Express
Photo Ravi Kanojia)
As

lavryers

targeted

students and journalists inside

the

premises of the Patiala House Courts Complex Monday, a


melTIber of the CPT's minority cell, present in court to support
arrested JNU students' union president Kanhaiya Kumar, was
assaulted by BJP IvILA 0 P Sharma and his supporters.
"About 70 of us from Tanzeem-e-Insaaf, CPI's minority cell,
were at the court to support Kanhaiya. We saw the lawyers
attacking students and journalists. They were swearing and

raIsIng slogans to incite us and police stood by watching. We


moved out because we did not want to engage' them," said
general secretary of the cell Ameeque Jamei (37).
LayyYers Attack JNU Students, Media At Patiala House Court:
The Big Questions The Incident Throws Up
J amei claimed he was qttacked when the. group from the
Tanzeem "raised slogans for Arun Jaitley to answer for the
state's excesses". "When Arun Jaitley's car was leaving, we
raised a slogan for him to answer for Kanhaiya's arrest and
what was happening in JNU. That's when Sharma' and another
person, Marhwah, ran after me. Someone grabbed my collar
and pushed Ine to the ground. Sharma and his associates beat
me up for 15 minutes. Yet police didn't intervene," said Jamei .

.. _-_...------------_.-_ ..

_-_ .. _.

__ ......

__ -....

http.lltimesofindia. indiatimes.com/city/deihi/One-of-them-said-bone-bhi-todenge-phone-bhi-

todenge/articieshow/51001849.cms

'One of thern said, bone bhi


todenge, phone bhi todenge'
NEVV DELHI: /\s a reporter covering proceedings at the Patiala House courts, .
i thought Monday vvould be a regular day's work, with perhaps the hearing in
the sedition case against Ji\JU students' union president Kanhaiya Kumar
being the day's h hiifJht. As usual I made small talk with some of my sources
there. I didn't sense 2d-lything extraordinary, and remained unperturbed even
vvhen I ovecheaJc\ Ci Icl'vvye:- tefling one of my sources that there would be some
unQalTia" c:lt tile COiilpiex, taking it to be the inanity of a boastful lawyer.

f\ "few

hour~)

later, limbs p;:Jra!yzed by fear, shocked and reduced to tears,


for a safe nook with fellow journalists -- mostly vvomen ish I hac! been to take the morning's remark so lightly. For

more

an

13rI

hour and half on Monday, we, the members of the media, were

at the mercy of )21'Nj/8rs \/vho


u;;

reatened us crudely, physically assaulted sonie

for being "anti-national",

of t(oubie came around 2pm when we saw women teachers of


The first sian
,:;

,Ji\JU being manhandied in the courtroom where the sedition case was to be
heard, T\i\!o JNU stucL~:nt::) were also beaten by lawyers in full sight of
complaisant police pc::rsonneL The violent methods adopted by the men in
black forced the people from JNU to vacate the room.
The agitators' attention then turned to us. We thought our press 10 cards
\Nould guarantee us ~:;afety, but of course that wasn't to be. A journalist who

t0 e ,

sported a beard was called a traitor and his lD dismissed as fake by


assailants; I was

that I looked like a JNU student and was ab\.

ri'~hIY

'\
~ '.. '\

/~

G \:.:.-:.c.

~~

"'
~

,\'<\

\". ",-V

.-~

"

tt\.

\?'~,
~,vt,
\ . .,.

\)'
\fJ\'.,~'1~':\.)"\'" tf;{i".

f': l ""'""', .

~""',,~.'

,".f,"~~';::"';'0;'\\.'-

.:"'.~"~<'\."

')

l'

~,,'

"

(tr ai to ro us )
te ac h us, "d es hd ro hi
to
ed
en
at
re
th
rs
ye
ll
Th e fre nz ie d !avv
bhi to de ng e, (W e wi
e
on
ph
r
au
e
ng
de
to
. I'Bone bhi
jo ur na lis ts ", a lesson
an gr y ad vo ca te . Fr om
an
ed
sp
ra
lI
s,
ne
bo
we!! as yo ur
br ea k yo ur ph on es as
gs w ou ld be fin e on ce
in
th
t
gh
ou
th
I
,
ng
rti
e of le ga l repo
rny fiv e- ye ar ex pe rie nc
ti- JN U
en as th e pr o- BJ P/ an
ev
t
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.
er
nb
ar
ch
s
rn hi
st ea d,
th e ju dg e em er ge d fm
e an ap pe ar an ce . In
ak
m
t
no
d
di
e
dg
ju
e
uc ou s, th
.
sl og an s go t rnore ra
ys ic al ly an d m en ta lly
ph
d
re
rtu
to
be
to
d
e co nt in ue
nd
corralled by th em , w
th e in iti al 40 to ar ou
m
fro
up
ne
go
d
ha
of as sa ila nt s
clip
By no w th e nu m be r
s ph on e to re co rd a
hi
t
ou
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to
t
lis
na
ur
a wh en a jo
200. Fisticuffs br ok e
ho pi ng th at
ed ar ou nd bu t ke pt
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sh
s
wa
.!
US
s
se
of lavvyers huriinQ eJbu
ld of m e as I sa w
a cold fri gh t to ok ho
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.
tnfjs vI/au n't QE::i.
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si de th e co ur tro om .
in
ts
lis
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ur
rig up
by
co ul d do w as st an d
I
all
d
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ey
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rn
nt of
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e, an ac tio n th at on ly
en
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te
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ps
co
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e un m ov
(T he ne xt
gli ba ar i tu m ha ri hai
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! it:d , I

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nd th e
turn is yo m s) ."
al e co ps to l1 un de rs ta
m
fe
e
th
by
d
se
vi
ad
':, \i\ /e re
e Pa iia la
F ou r of us, all \/vOiTF31
t ju di ci al of fic er of th
os
m
or
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se
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th
t
gh
. VVe th ou
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m oo d and go Cl\i\!i:l
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to
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af f
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ur t an d as ke d th e st
co
s
e'
dg
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m et re s fro ili when::; we
th at he wa s
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nt
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th er e to fie t us an ap
t.
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vF
t ju dg e' s
"sittin~1 with a
r en try in to th e di st ric
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th
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fo
,
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jht ch as
ch ec ke d
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ed ou r ph on es an d
ch
at
sn
ey
Th
s.
de
si
d us on all
fin al ly
co ur t and su rro un de
ac in g ge st ur es , bu t
en
m
e
ad
m
ey
Th
.
and photos
the de vi ce s fo r vi de os
em to le av e us al on e.
th
d
te
es
qu
re
f
af
st
t
co ur
relented wh en
ca pe the
en w e m an ag ed to es
wh
pm
45
3.
nd
ou
ar
ed
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th e on ly on e op en , th
as
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er s.
d by th e ag ita te d la wy
ke
oc
bl
all
es
on
:ed
m or e fre qu en tly u::

2.b
JNU Crackdown: Lawyers beat up journalists as student leader
Kanhaiya is produced in court
The escalating stand-off over the arrest-of JNU students union president
Kanhaiva Kumar on sedition charges today saw the students going on
strike demanding his immediate release. Scuffle broke out in Patiala
House court 'when' JNUSU President Kanhaiya Kumar was being
produced. The court, later, extended Kanhaiya's police custody for 2
more days
~

IndiaTodav.in
New Delhi, February 15, 2016 I Posted by Sangeeta Ojha I UPDATED 21 :38
lST

Protests in JNU
The escalating stand-off over the arrest of ]},ru students union president
Kanhaiya Kumar on sedition charges today saw the students going on strike
demanding his immediate release. Scuffle broke out in Patiala House court
when JNUSU President Kanhaiya Kumar was being produced. The court,
later, extended Kanhaiya's police custody for 2 more clays .
.TNU teachers and students supporting Kumar claimed that the)r" were
manhandled and forced out of court by lawyers shouting slogans - "Long
Live India, down with JNU". Kanhaiya KUl11(l.r was arrested last Friday by
for participating in the Afzal Guru event on F,ebruary 9, in which anti-India
slogans were raised.
TV Today reporters Anusha Soni and Poonam Sharma were manhandleej by
protesting lawyers inside the Patiala I-louse COLlrt. The repoliers were pushed
out Of the court and their mobile phones were also snatched by the

1.

2.

3.

4.
5.

6.
7.
V

8.

rampaging lawyers. Delhi Police constables present inside the court campus
did little to stop the lawyers from resorting to violence. A
Delhi BJP MLA OP Sharma and few others were also caught on camera
attacking a person outside the court premises. However, Sharma denied
thrashing anyone, but said that people who raise qnti-India slogan should be
punished.
" When \ve were coming out of the court, we heard someone shouting
"Pakistan zindabad". vVhen I objected to it, I was pushed. A few people
present there then attacked that person," Sharma said.
AIJun Patnaik, president of JNU Teachers Association said that he. along
with some other teachers had gone to the court to attend hearing of the case
involving Kanhaiya Kumar. Patnaik said some lawyers manhandled JNU
teachers without any provocation.
"\Ve went there to see the JNlJSl) president. We were manhandled there,
woml1n teachers Vlere also pushed by some men. Police was present but did
nothing to stop the attackers. This is unfortunate and we wish to highlight
this via media," Patnaik said.A A
Here are the latest developments in the story
Many students at the J awaharlal Nehru University(JNU)hav~ refused to
attend classes today in protest against the arrest of Kanhaiya Kumar on
sedition charges.
BJP chief Amit Shah today attacked the Congress over the JNU row. Hitting
out atJ<-ahul Gandhi, the BJP chief asked if the Congress vice-president had
joined hands with separatist forces ?-nd wanted another division of India.
Left parties today said they will "fight out" any threat and are "not. ~~orried"
about being labelled as "anti-national" for their stance on the J1\~J row after
CPM leader S itaram Yechury allegedly received threat calls over the issue.
W~ are looking into the content of various tweets which are blasphemous
and objectionable: Delhi Police Commissioner Bassi said.
Vice Chancellor Jagadeesh Kumar appealed to protesting students to return
to their classes and said an inquiry into the Afzal Guru event would be
completed by February 25.
I-lome Minister .R~lJ)a\b Singh on Suncby said that the Afzal Guru event at
JNU w?-s "supported by terror mastermind Hafiz Saeed". '
"'vVhat happened at JNU has been fully supported by Lashka1' chief Hafiz
Saeed. I appeal to all political par1ies that whenever such situations arise
where anti-India slogans are raised, the entire nation must speak in one
voice," the home minister had said.
JN1) students union president Kanhaiya Kumar was arrested last week in
connection \vith a case of sedition and criminal conspiracy registered over
holding of the event at the varsity during which anti-India slogans were
alleged to have been raised.

rs and
9. His arrest has triggered \lv'idespread outrage among students and teache
drawn severe criticism from non-BJP political palties.
protesting students
1O.The university teachers had on Sunday rallied behind its
down
and questioned the administration's decision to allow the police crack
'" the
on the campus even as they .appealed to the public not to "brand
institution as "anti-national".

11

I;

t The Goon. Court


ttacker Posted Pies With
J eaders On Faceb k'
I

/\11 India 1 Reported by Sunetra Choudhury, Edited by Oeepshikha Ghosh I Updated:


February 16, 2016 18:58 1ST
ij

Vikram Singh Chauhan, one of the main attackers in the court violence

New ~elhi: Though a police complaint h b


'
,
d . as, een filed agamst unknown persons
s an Journalists at a Delhi court yesterday, one of

for the assault on JNU teacher

30
.

the main attackers is a face familiar in courts and has been photograp,hed with
mary BJP leaders.
I;

Vikram Singh Chauhan was at the dead centre of the attack on teachers, students
and journalists who were waiting at the court for a student of JNU or Jawaharlal
Nehru University arrested on sedition charges to be produced.
Speaking to NDTV, Mr Chauhan said he did organize a protest against "antinationals" but it got out of hand as lawyers were provoked by JNU teachers.
"VVe asked them to vacate seats for elderly lawyers. They asked me for my I-card.
I said you want to divide Kashmir and Kerala, they said they were never a part of
India. They started hooting," Mr Chauhan told NDTV, asserting that "students
started the fight."
He claimed
number."

t~at

"two lecturers said they will start beating us as they are more in

On camera, it is Mr Chauhan who is seen beating people. He allegedly shouted


lIanti-nationals go to Pakistan" and "Bharat Mata ki Jail!, He also threatened
NDTV's Sonal Mehrotra, demanding that she hand over her mobile phone, with
which'she had filmed some of the violence,
In one image, Mr Chauhan, in a black jacket, is seen holding and beating a person
believed to be a Left activist.
Presenting a sharp contrast is another set of photographs on Mr Chauhan's
Facebook page, in which he is seen with top BJP leaders including Home Minister
Rajnath Singh and veteran LK Advani.

Mr Chauhan denied that he belongs to any political party but he regularly s~nds
ou,t invitations on VVhatsApp to BJP events and urges people to be on time before
a leader is to arrive.

"

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The violence erupted just before JNU student leader Kanhaiya Kumar, arrested
over anti-India slogans shouted at a controversial event in support of terrorist Afzai
Guru, was to be brought before a judge.
Story First Published: February 16, 2016 14:03 1ST

J'

33
Patial a HOllse scuffle : Delhi Police say trying to identi fy men who
led attack s, here

are some of them

While police said they were trying to identify those who led the attack,
The Indian
Express caught up with four men involved in Monday's assault.
Written by Abhishck Angad
,Pragva KausIlika
.
.

,-.-

,~

New DelhiUpdated: Feb 17,2016,11:06

;'1

Yashpai Singh (L), Vikram Chauhan (C) and Om Sharma (R) during
the $ssault
at Patiaia House Courts on Monday and in Delhi a day later.
(Express Photo
Abhishek Angad)
A day after studentsancl journalists were attacked at Patiala House
Courts complex, the
Delhi Police registereel t\\lO FIRs against "unknown persons", while Police
Commissioner
B S Bassi said a probe had been ordered into alleged police negligence.
While police said they were trying to identify those who led the attack,
The Indian
g~J2re~ caught up \\lith four men involved in Monday's assault. All four l'dentif
lecl
themselves as practising lawyer admitted that they were at the court when
the attack took
place.
One of them, Vikram Singh Chauhan, does not have a chamber in Patiala
House. He said
that around I pm on Ivlonday, courtroom number six was packed with people
. "We \vent
for the hearing and found the courtroom full of JNU students and teache
rs. We asked
lhem to leave because some lawyers wanted to attend the hearing. Instead
, they asked us
for ID cards. We were angry because we had valid identity cards. They were
here just to
create nuisance," he said.

On Tuesday, as photos of him with BJP leaders, including Home Minist


er J3..ainat

:2.ULgfl and BJP spokesperson Sambit Patra, started doing the rounds on social media, heh
said,

"I have a picture with singer Atif Aslam. Does that mean I am a Pakist
ani? I am in a
picture with a JD(U) leader too."
.
Yashpal Singh (L), Vikram Chauhan (C) and Om Sharma (R).
(Express Photo
Abhishek Angad)
Yashpal Singh, who was also seen assaulting students, said he has been
a lawyer for 15
veal's. and was once an additional secretary of the Delhi Bar Association.
Singh said JNU
~tude~1ts and teachers w~re reluctant to leave the courtroor~,1. "They saidKa
slimi,[ or
Kerala were never part oflnelia and that it shouldn't matter to you. The intent
of the JNt)

people was clear, they were here to create a ruckus. We called up the Tilak Marg SI-IO
and narrated the incident," he said.
He said police told them that since there were many women inside the courtroom, it
would be impossible to clear them out. Women police officers arrived later, he said.
"They stClrted arguing Vv'ith us and said, 'We are 60 people in the room, we can beat you
up'. One of them pushed us," he said.
La\vyer Om Sharma. who has a chamber each at Patiala House and Saket Court
complexes, \-vas also seen assaulting students. "After they (the students) pushed us, the
situation \vent out of control. They were also raising slogans and we were angry," he said,
adding that a fight ensued between lawyers and JNU stu(iel1ts.
Sharma denied that la\-vvers had attacked the media. "There were a few ,TNU students
"
who had dressed up in black robes. I suspect they were the ones doing it," he said, adding
that they were only targeting those who looked like JNU students.

Delhi BJP vice-president Abhay Verma, who was with BJP MLA 0 P 'Sharma when he
assaulted cpr leader Ameeque Jamei, Galled the whole incident "spontaneous".
An advocate by profession, Verma contested the Delhi assembly elections in 2013 and
lost. ~'I do not know how I will react again ifI listen to anti~national slogans. On Monday,
when I heard what this man said, rashtrabhakti ubhar aayi (patriotism swelled within
me)," said Verma.
Verma said he WilS in the Patiala I-louse Courts with the BJP MLA to ~upPQrt Finance
Minister Arun Jaitlev, who appeared in court in connection with a defamation case
against Chief Minister Arvind Kejriwal. "There was an altercation with the man in
question. Sharma was attacked and blood was oozing from his head. We tried to reason
with those shouting anti-national slogans. After hearing anti-national slogans, I lost my
temper too," said Verma.
A former secretary of the Bar Council, Verma said he was acting in self defence. Asked
about his party's response, he said, "The party is very upset with me. But it \vas not inmy
hands. It happened because my homeland was verbally abused," he said ..

P!1tiala house
We, the Endcrsigned faculty members of lawaharlal Nehru University, reached
on KanhaiY8
court no 4, between I ,00 and 1,15 pm on 15 February 2016 to attend the hearing
iya Kumar
Kumar's hearing, The sole objective of our decision to be there was that yvhen Kanha
we waited 011 the
was produced he would see the faces of his teachers in the courtroom. Initially,
benches outside the courtroom, along with a fe\'l jElumalists,
r five
When the courtroom was opened, we were let in and sat down on the chairs. In anothe
seated,
minutes, t\VO or three policemen came into the room and we were allowed to remain
in shouting
About fifteen minuws later, about ten-twelve men dressed i.n lawyer's clothes rushed
\ve could
at us to get out. These la\vyers led by Mr. Vikram Singh Chauhan (whose name
small room and
recognize after the newspaper atiicies published the next day) They crowded the
were all
abused us, saying that JNU teachers were anti-national and "deshdrohis", that we
students"?
"Pakistanis" and asking us "\\hat kind of anti national education do you give your
in thc
We tried to reason \vith them not to be abusive, and said that we had a right to be
\.vere for
courtroom, but they continued to heckle llS as "Pakistanis", and told us that the scats
Most us
lawyers alone, The pol icc kept on just watching and did not il1tervene to stop them.
outside, but
even got up and told them that they could take our chairs and we vvould just stand
was standing at
they immediately started pushing us out of the courtroom, One of us. Rohit. who
om, When vve
the back was grabbed by his collar and dragged towards the centre of the courtro
on his face,
formed a human chain to save us from this attack, Mr. Chauhan slapped Rohit thrice
abuses and
Women [acuity close to him pleaded with them io stop but they continued hurling
of the women
pushed him, Profs, Neem Kongari and hnaki Nair outside the courtroom, Some
in
faculty \vere pushed and jostled and touched inappropriately, Most of the men dressed
lawyers' clOlhes rushed out ancr them.

be subject to
We could hear sounds of men shouting from outside. and fearing that we would
Sahni\
even greater physical violence, five women faculty -- Prof'), Ayesha Kidwai, Madhu
A larger
Nivcdita I\'[enon, Susan Viswanathan, and Chitm Ilarshvardhan, once again sat down,
om, Somc of
contingent of policemen entered the COUliroom and asked us to vacate the courtro
hold them back,
the aggressive I2l\N)ers came back in and although we pleaded with the police to
and leave the
they did !lot even ask these lawyers to leave, Instead they were allowed to enter
rate asking us
couliroont as they wished, 'vVe asked the police to bring us orders from the magist
told that the
to clem' the Cl)UrlrOOm and demanded to be esc011ed out of the building, We were
that we be
magistrate had given verbal orders to the police to cl.car the'courtroom, but \VC insisted
it took the police
given police protection throughout. When a contingent of policewomen arrived,
...

. . . .

01

10 minutes to flnd a \,vay to cscoli us out of the courtroom as the dOOT\vay and the courtyard was
hlocked by shouting I'l\vyers. The police \-vere forced to find another exit and led us to [mother
ground floor exit hut that was blocked too by shouting and screaming lavvycrs. We were led then
up the stairs and at least two other stairwells were tried but we were led away as the police was
unsure that they could get us out safely. Finally, a safe exit into the ground floor shed where the
notary publics sit. was found. The police escorted us to the gate and bundled five orus into
autorickshaws as they feared that we would be assaulted even if were to \valk to our cars parked
in the parking lot.

Cbt:r~ -/!p~~
L0g/~iLks

~~V~~G
C~;.s

~S5

ANNlEy[}1Q~ OUT TODAY


SECTION PIL(W)

COURT NO.5

ITEM NO.1

SUP REM E C 0 U R T 0 F
RECORD OF PROCEEDINGS
Writ Petitiones) (Criminal)

r N D I A

Noes)., 25/2016

N.D JAYAPRAKASH

Petitioner(s)
VERSUS

UNION OF INDIA AND ANR.

Respondent(s)

Date: 17/02/2016 This petition was called on for hearing today.


CORAM :
HON'BLE MR. JUSTICE J. CHELAMESWAR
HON'BLE MR. JUSTICE ABHAY ~JNOHAR SAPRE
For Petitioner(s)

Mr.
Mr.
Ms.
Mr.
Mr.
Mr.
Mr.

For Respondent(s)

Mr. Ajay Sharma,Adv.


Mr. Vibhu Shankar Mishra,Adv.
Mr. Umesh Babu Chaurasia,Adv.

uor

K.T.S. Tulsi,Sr.Adv.
Raju Ramachandran,Sr.Adv.
Mythili Vijay Kumar Thallam,Adv.
Vikram Aditya Narayan,Adv.,
Farrukh Rasheed,Adv.
Kuber Boddh,Adv.
Kartikey,Adv.

For Delhi H.C

Mr. Sidharth Luthra,Sr.Adv.


Mr. A.D.N. Rao,Adv.

For Delhi Police

Mr.
Mr.
Mr.
Mr.

All India
Lawyers Union

Mr. P.V. Dinesh,Adv.


Mr. Subhash Chandran K.R. ,Adv.'
Mr.
MR.
Mr.
Mr.
Mr.

For Intervenor

Ajit Sinha, Sr.Adv.


Shadman Ali,Adv.
Vibhu Shankar Mishra,Adv ..
D.S. Mahra,Adv.

Adish C. Aggarwala,Sr.Adv.
Vijay Pratap Singh,Adv.
Aakash D. Pratap,Adv.
Aditiya Singh,Adv.
Pradeep Kumar Yadav,Adv.

Mr. Deepak Prakash,Adv.

P:3
~1-

Mr. R.P. Luthr a,Adv .

For Inter veno r

wing
UPON heari ng the couns el the Cour t made the follo
o R DE R

rs,
This writ petit ion is filed with the vario us praye
the
to
direc tions
appro priat e
seeki ng
subst ance
in
ct of the
respo ndent s to ensur e a prope r and decor us condu
Magi strate ,
proce eding s in the Court of Metr opoli tan
FIR No.
Patia la House Cour t, New Delhi in conn ectio n with
ding an
110/1 6 filed at P. s. Vasa nt Kunj, New Delh i regar
of JNU.
incid ent which alleg edly took place in the campu s
On

15 th

Febru ary,

2016,

when

the

accus ed

by

name

-men tione d
Mr. Kanh aiya Kumar was produ ced befor e the above
memb ers of
Court , a lot of peopl e gathe red inclu ding the
s" and a
the legal frate rnity , stude nts and their "supp orter
large

numbe r

of

media

perso ns.

Certa in

unple asant

and

in the
unacc eptab le incid ents are said to have taken , place
cover age
media
wide
recei ved
which
prem ises
court
there after .
facts
It is in the backg round of the above -men tione d
the insta nt writ petit ion came to be filed .

We

are

inform ed

that

the

above -men tione d

case

of

conce rned
Kanh aiya Kumar is to be taken up again by the
ary, 2016.
Magi strate at 2.00 p.m. today , i.e. 17th Febru
th
Febru ary,
In view of the incid ents that occur red on 15
Cour t on
2016, appre hensi ons were expre ssed befor e this
s, memb ers
beha lf of the vario us inter ested group s-stu d'ent
etc.- that
of the press , gene ral publi c, legal frate rnity ,
in which
the proce eding s may not go on in an atmos phere
condu cted.
legal proce eding s are norm ally expec ted to be
ng the
There fore, the vario us learn ed coun sel repre senti

various

interested

groups

referred

to

above

unanimously

submitted that appropriate directions regarding the conduct


of proceedings be given to ensure that the proceedings in
the above-mentioned case are conducted in accordance with
law.

Having regard to the various allegations made and the


submissions of the learned counsel, we are of the opinion
that in order to ensure conduct of the proce'edings before
the

trial

Court

are

undertaken

today

in

ordinarily

manner, it is necessary to regulate the entry of people in


the Court.

Before He pronounced this

order,

we

have

indicated

broadly the nature of orders which we are proposed to pass


and the learned counsel who made submissions in connection
with

this

matter

today broadly

agreed with

the proposed

directions.

We are informed that administrative side of the Delhi


High Court which is the authority of the Superintendence
over the trial Court is also meeting today at 2.00 p.m. to
consider the matter and appropriate administrative meaSures
in this regard.

We,
proceedings

therefore,
are

direct

concerned,

that

insofar

only

the

as

lawyers

today's
either

Advocates on Record or senior counsel representing either


the prosecution or the accused only shall be permitted into
the

Court

hall.

list

of

lawyers,

six

in

number,

representing the accused is handed over to the Court:-

1.

Mr. Sushil Bajaj, Adv.

2.

Mr. Siddharth Sharma, Adv.

3.

Mr. Rishabh Sancheti, Adv.

.-_._-_._---

5.

Mr. Pra bhu , Ad v.


Mr. Ban kim , Ad v.

6.

Ivls.

4.

4-U

Vr ind a Gr ove r, Ad v.

it
ng stu de nt, we als o dee m
Sin ce the acc use d is a you
of the
imm edi ate fam ily me mb ers
ap pro pri ate to per mi t the
on by the
fou r, on an ide nti fic ati
acc use d, no t exc eed ing
'-'
are no t the re, the n one
If suc h fam ily me mb ers
acc use d.
com mu nity
one fro m the stu de nt
fro m the fac ult y and
int o the
d sh all be permit~ed
ide nti fie d by the acc use
t) .
Co urt (if the y are pre sen
Ins ofa r

as

the

jou rna lis ts

com mu nity

is

con cer ned ,

n the Co urt
ns tra int s of the sp ac e.i
hav ing reg ard to the co
mb ers fro m
ate to pe rm it on ly 5 me
ha ll, we dee m it ap pro pri
e of the
the Co urt ha ll at the tim
the sai d com mu nity int o
mi tte d by
ing nam es hav e bee n sub
pro cee din gs and the fol low
who are
)
Pra mo d Ku ma r (Jo urn ali sts
.
Mr
and
ha
Sin
a
adr
Bh
Ms.
mu nity of
ay rep res en tin g the _. com
pre sen t in the Co urt tod
5 nam es
e sub mi tte d the fol low ing
jou rna lis ts and the y hav
pre sen t in
may be pe rm itte d to be
of the jou rna lis ts who
cee din gs are
2.0 0 p.m . wh en the pio
the tri al Co urt roo m at
on :, PT I
1. Mr. l-il ihis hek 1>.nshu
ush wa ha, IANS
2. Mr. l\:miya IZumar Kh
ANI
3. Mr. Ar vin d Sin gh,
ty, Re ute rs
4. Hr. Su ch itr a Ho han
Nev.]s
5. Hr . An il Pu nia , DD
re is a po ssi bil ity of a
are als o inf orm ed tha t the
stu de nts
us gro ups inc lud ing the
lar ge ga the rin g of va rio
r is tak en
the Co urt wh en the ma tte
and po lit ica l pa rti es at
and
wi th suc h an tic ipa tio n
We are inc lin ed to agr ee
up.
the
dir ec t
to
pri ate
pro
ap
it
m
dee
the ref ore ,
we,
~%

Polic e,

of

Comm ission er

Delhi

to

such

take

appro priat e

and order
measu res as he may deem fit to main tain the law
situa tion i~ accor dance with law .

group s

vario us

as

Insof ar

perso ns

of

who

are

tifica tion
permi tted to enter the Court prem ises the iden
the group s
shall be made by the conce rned with each of
the Delhi
befor e iVlr. Goel, learn ed Regi strar Gene ral of
Patia la
High Court who will perso nally be prese nt in the
Court today at 1.30 p.m.
Regi strar ,

each

one

of

Only on the certi ficat ion of the


iden tified perso ns as indic ated

We also direc t
above \<iil1 be allow ed to enter the Cour t.
carry a
none of the perso ns enter ing the Cour t hall shall
The Comm ission er of Polic e shall take
mobil e phone .
appro priat e steps in this regar d.
taken
We also deem it appro priat e that the decis ion
shall also
by the Delhi High Court Adm inistr ative Comm ittee
ion is
be broug ht on recor d wi thin a week after the decis
recor ded.
Shri
A copy of this order shall be made avail able to
Delhi High
A. D . N. Rao, learn ed couns el who repre sent the
rtake to
Court , Mr. D.S. Mahra , Mr. Farru kh Rashi d who unde
sel and one
enter appea rance on beha lf of the learn ed coun
copy to Ms. Bhadr a Sinha , media perso nnel.
Issue notic e in the writ petit ion.
nd
List the matte r on Mond ay, 22 Febru ary, 2016.

We

must

proce eding s
consi derab le

also

were

going

amoun t

it

place

of

on

recor d

that

while

the

in

the

morn ing,

there

was

conce rn

and

agita tion

among

the

on

memb ers prese nt in the Court hall.

At some stage there was

sho ute d
of the me mb ers pre sen t
ce rta in com mo tion as one
rm itte d
wh ich is no t no rm all y pe
ch
pit
a
at
s
gan
slo
in
ce rta
Ra jiv
nam ed
per son
the
ter ,
La
.
urt
Co
the
in
de red an
ate d the com mo tio n, ten
Ya dav (Ad voc ate ) who cre
se the
acc ept the apo log y ~nd clo
un con dit ion al apo log y. We
ma tte r.

(DEEPAK MANSUKHANI)
COURT MASTER

(RA JIN DE R KAUR)

COURT MASTER

10

ANNeXuR6~ p~OUT TODAY


SECTION PIL(W )

COURT NO.5

ITEM NO.1

SUP REM E C 0 U R T 0 F I N D I A
RECORD OF PROCEEDINGS
Writ Petit ion{s ) (Crim inal)

Noes ).

25/20 16

Petit ioner (s)

N. D ,JAYAPRAKASH
VERSUS
UNION OF INDIA

~~D

Respo nden t {s}

4~.

Date : 17/02 /2016 This petit ion was menti oned


today .
CORAlvl

aga~n

at 2.15 p.m.

HON'BLE MR. JUSTI CE J. CHELAMESWAR


HON' BLE MR. JUSTI CE ABHAY MANOHAR SAPRE
K.T.S . Tulsi ,Sr.A dv.
Raju Rama chand ran,S r.Adv .
Myth ili Vijay Kumar Thall am,A dv.
Vikra m Adity a Naray an,Ad v.
Farru kh Rashe ed,Ad v.
Kuber Boddh ,Adv.
Karti key,A dv.

For Petit ioner (s)

Mr.
Mr.
Ms.
Mr.
Mr.
Mr.
Mr.

For Respo ndent (s)

Mr. Ajay Sharm a,Adv .


Mr. Vibhu Shank ar Mishr a,Adv .
Mr. Umesh Babu Chau rasia, Adv.

nor
For Delhi H.C

Mr. Sidha rth Luthr a,Sr.A dv.


Mr. A.D.N . Rao,A dv.

For Delhi Polic e

Mr.
Mr.
Mr.
Mr.

11.11 India
Lavly ers Union

Mr. P.V. Dines h,Adv .


Mr. Subha sh Chand ran K.R. ,Adv.
Mr.
MR.
Mr.
Mr.
Mr.

For Inter veno r

Ajit Sinha , Sr.Ad v.


Shadm an Ali,A dv.
Vibhu Shank ar Mishr a,Adv .
D.S. Mahra ,Adv.

Adish C. Agga rwala ,Sr.A dv.


Vijay Prata p Singh ,Adv.
Aakas h D. Prata p,Adv .
Aditi ya Singh ,Adv.
Prade ep Kumar Yadav ,Adv.

Mr. Deepa k Praka sh,Ad v.

lvlr. R.P. Luthr a,Adv .

For Inter veno r

ing
UPON heari ng the couns el the Court made the follow
o R D E R

At 2.15 p.m.

l~round

2.15

p. m.

Mr.

Kapil

senio r

learn ed

Sibal ,

Indra Jaisi ng, learn ed senio r coun sel and Mr.


ary
Bhush an, learn ed couns el made an extra ordin

couns el, Mr.


Prash ant

passe d in
menti on in the court that inspi te of the order
5/201 6, a
the foren oon today in Writ Petit ion (Crl.) 'No.2
House Court s
tense situa tion is build ing up in the Patia la
other s are
Comp lex, New Delhi ".here a group of lawye rs and
resor ting

viole nce

to

the

threa tenin g

secu rity

the

of

lodge dnein g
accus ed Kanh aiya Kumar (agai nst whom an FIR'i s
) and his
110/1 6 filed at P.S. Vasan t Kunj, New Delhi
couns el.

The

Magi strate

learn ed

in

the

Patia la

House

, in order
Court s Comp lex ,,here the proce eding s were going
direc ted the
to ensur e the safet y of those perso ns, has
accus ed Kanh aiya
cham bers.

The

and his

couns el

learn ed

coun sel,

to

take

shelt er

there fore,

in his

praye d

for

to rescu e
appro priat e direc tions be given in the situa tion
the accus ed and his lawye rs.

'\'i'ho

alist s
A menti on was also made that even the 5 journ
their
went in the Court Hall are also afrai d of

safet y.

In view of this,
learn ed senio r
Polic e,

Delhi

we calle d upon Mr.

Ajit K.

Sinha ,

couns el who repre sent the Comm ission er of


to conta ct the Comm ission er of Polic e and

g in the
obtai n instr uctio ns as to the situa tion prev ailin
Initi ally for some time Mr.
Patia la H~use Cour ts Comp lex.
becau se
Sinha vIas not able to conta ct him (unde rstan dably

Mr . Sin ha _c on tac ted him


La ter
of the sit ua tio n).
n.
ut the pre va ili ng sit ua tio
and too k ins tru cti on s abo
ht it
cir cum sta nce s, We tho ug
In the abo ve me nti one d
Co urt to
ers of the Ba r of thi s
fi t to dep ute som e me mb
als o
rep ort to thi s Co urt . We
and
n
tio
ua
sit
the
ve
ser
ob
gh t he lp
the sen ior adv oca tes mi
be lie ve the pre sen ce of
Mr .Ka pil
We acc ord ing ly dep ute
dif fus e the ten sio n.
Du shy ant
Mr .
,
Dr. Ra jee v Dh awa n, Sr .Ad v.
Sib al, Sr. 2\d v. ,
K. Sin ha,
Ra wa l, Sr. Ad v., Mr . Aj it
.
H.P
.
Mr
v.,
Ad
Sr.
ve,
Da
pro cee d to
Rao , lea rne d cou nse l to
Sr. Ad v. and Mr . A.D .N.
sit ua tio n
Co mp lex and rep ort the
the Fa tia la Ho use Co urt s
pre va ilin g the re.
At 4.0 0 p.m .
tia la
itte e who vis ite d the Pa
The me mb ers of the Co mm
ea rli er
an t to the ord ers pa sse d
Ho use Co urt s Co mp lex pu rsu
ort ,
tod ay and ma de an ,or al rep
.
p.m
0
4.0
ut
abo
at
ed
ret urn
mi t a
We req ue st the m to sub
.
the eve n ts the y ob ser ved
thr a, lea rne d
We als o req ue st Mr . Lu
rep ort in wr itin g.
sub mi t a
for De lhi Hig h Co urt to
sen ior cou nse l app ear ing
ner al
ma de by the Re gis tra r Ge
ns
tio
va
ser
ob
the
of
rep ort
cee din gs
who was pre sen t in t);l,e pro
urt
co
h
Hig
lhi
De
the
of
by 2.0 0
la Ho use co urt Co mp lex
in the noo n in the Pa tia
Adv
Mr . Aj it K. Sin ha, Sr.
).
p.m . tom orr ow (18 .2. 20 16
wi ll als o
er of Po lic e, De lhi '
rep res en tin g Co mm iss ion
th
Fe bru ary , 201 6 by
day the 19
Fri
by
ort
rep
a
t
mi
sub
10. 30 a.m .
t he
tte d on ins tru cti on s tha
Mr . Sin ha, fur the r sub mi
and the
iss ion er of Po lic e, De lhi
has spo ken to the Co mm
the saf ety
has pe rso na lly ass ure d
Co mm iss ion er of Po lic e
att en d
ers who we re pe rm itte d to
of the acc use d and all oth
t to the
e the tri al co urt pu rsu an
tod ay 's pro cee din gs be for

We also
.
order passe d by this Cour t in the morn ing today
neces sary
direc t that Comm ission er of Polic e shall take
to

steps

ensur e

the

safet y

of

the

he

accus ed until

is

produ ced next befor e the trial court .

the

by
We may place on recor d that it is repor ted today
accus ed was
the
Comm ittee that
of the
memb ers

Cour t today .
manh andle d while he was produ ced befor e the
nsibi lity is
We there fore make it clear that the respo
e,
exclu sivel y is that of the Comm ission er of Polic
to ensur e the safet y of the accus ed.
th
Febru ary,
List the matte r tomor row the 18

Delhi

2016 at

2.00 p.m.

(0. P.

SHARMA)

AR-cu m-PS

(RAJI~DER KAUR)
COURT MASTER

f)NNEXUiZE-

PG-

I-Iow lawyer Vikram Singh Chauhan who led both


assaults at Patiala court sought support on
Facebook to 'teach traitors a lesson' .
Vikran1 Singh Chauhan's Facebook timeline shows nine posts
between February 11 and 16 in which he is urging lawyers to
reach the court well in time to "demonstrate patriotism" and
"teach the traitors a lesson".
By: Express News Service
18,2016 10:05 aJ.TI

I New Delhi I Updated:

February

Vikram Singh Chauhan at court on Wednesday.


Vikram Singh Chauhan, the lawyer who led the attack on
journalists and students Monday and was in the group that
assaulted JNU students' union president Kanhaiya Kumar at
the Patiala House Courts Wednesday, used Facebook to
mobilise support for the attacks.

Chauhan's Facebook

timeline shows

nIne

posts

between

February 11 and 16 in which he is urging lawyers to reach the


court well in time to "demonstrate patriotism" and "teach the
traitors a lesson". While a couple of these posts talk of taking

ii-

the legal course, they also call for direct action or "face-to-face
fight".

He posted several photographs to show his links to the BJP he is seen with several party leaders, from Rajnath Singh to J P
Nadda to Kailash Vij ayvargiya -

and calls himself a "worker of

BJP". In other photographs, he is at an ABVP event in Delhi


University last September on the eve of elections to the
students' union.

SHARE THIS ARTICLE

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n pICS:

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PrevNext

* On February 11, Chauhan made his first post on the JNU


issue. Referring to JNU student Umar Khalid and others who
allegedly shouted pro-Pakistan slogans, it said "time has come
to send these people back to their country". The post mentioned
"legal means" to Inete out justice, but also urged those who
have "so far demonstrated their patriotism on social media" to
get ready because "time was ripe for a face-to-face fight to teach
the traitors" a lesson. He concluded the post by asking people
"interested in this noble cause" to contact him.
In pies

I Lawyer who led Patiala House assault poses with top

BJP leaders

* In a second post on February 11, he announced that


Kanhaiya could be brought to the Patiala House Courts. He
reminded lawyers that they "have shown their strength from
time to time" and "hopefully will take good care" this time. The
post ended with a vow to "eliminate every Afzal Guru born".

* The next post on February 12 featured four photos of


Chauhan participating in a rally organised by "nationalist
students". Chauhan said the rally sent a clear message to "anti-

national forces" that "patriotic youth" were "ready to make any


sacrifice" for the country.

* On February 13, Chauhan posted: "Please demonstrate your


patriotism by reaching the Patiala House Courts tomorrow
morning. under no circumstances can we allow these anarchist,
Pakistan-supporters get bailor any relief. you are requested to
reach the court in maximum numbers to teach these antinationals a lesson through legal means." The post ended with
'Doodh mange kheer denge, aage sabko pata hai.' -

a reference

to the slogan 'Doodh mangoge to kheer denge,Kashmir mangoge


to chir denge'.

* In a second post on February 13, he tagged 85 people, mostly


senior functionaries of the Bar Council of Delhi. In it, Chauhan
urged seniors to demand a thorough and speedy trial of the
case. "We can set an example on behalf of the Bar Council at
the court. and I request you to be at the court to encourage us
and tell the world that Delhi lawyers are patriotic, law-abiding
and legally-able to deal with such traitors." The two posts on
February 13 attracted more than 400 likes.

* On February 15, Chauhan posted two photographs. He is


seen smiling soon after his group of lawyers assaulted JNU
students and journalists. The photos attracted over 650 likes
and over 40 congratulatory comments. A few even proudly
posted a Inedia photo of Chauhan assaulting a student as a
comment in both threads.

* On February 16, Chauhan thanked everyone: "Today I am


feeling proud to be a member of the Bar Council. from now on,

only those who say 'J ai Hind' will stay in India. Long live
lawyers' unity. I hope I will continue to have your love and
cooperation like this." More than 200 people liked it.

* In another post on February 16, Chauhan wrote: "I have been


made the biggest goon of the country and those who are against
Mother India are now heroes. If countering Leftist goons, saying
'long live Mother India. is hooliganism, then I am a goon. I don't
care who all are barking. we are gathering again tomorrow to
expose their conspiracy and.I request all of you to reach the
court in maximum numbers by 10 am." The post tagged 96
people and drew 198 likes and 70 comments.

The next day, he was back at Patiala House Courts. And this
time the group headed for Kanhaiya.

corne, we vlill burn him alive: Lawyer

, New Delhi

Updated: P'eb 18,2016/14:02 1ST

Lawyers assaulting a journalist outside Patiala House Court


, India, on Wednesday, February 17, 2016.

dus

On

V\T ecln_csc1ay,

C\r'.....,~~;),er
cU.,~ '"-

CIS cl.
r;:o

<"

I witnessed the most 'disturbing' event in ITIy


'~Jr
lawyer.
1 . . ,..:1ct-lSl1J0
-b1
0.

It was around lprri. Hundreds of la~wyers had gathered at the

entrance of Gate nUlll.ber 2 of Patiala House Courts to catch a


g1ilnpse of Kanhaiya Kumar. A pOliCelTIan then announced that
a lin1ited nurnber of persons will be allowed inside court
pre1111SeS,

Read more:.JI\TU student leader Kanhaiya named in FIR only


That is when it all started. The announcement was a cue for the
lawyers \vho delllanded that all journalists and JNU students
be thro\l'1n out. A group of lawyers assembled in the balcony,
keeping an eye out for anyone ll1aking a video. It is then, when
in an "act of patriotiS111", one lawyer raised the Indian flag from
the balcony to the chants of Bharat Mata ki Jai.

Another .lawyer standing next to him said, "Laane do kanhaiya


ko, yalli zinda jaIa clenge (Let them bring Kanhaiya, we will set
SOIne lcl\vyers standing next to a policeman were amused, One
of thenl pulled out his phone and Inade a call: "Aaja tu bhi, ek
do JNU wClJon ko tujhse bhi pitwa denge (Come, you can also
beat up a couple of JNU students)".
It vvas 2:30 pIn. Kanhaiya reached court. He was taken inside

the courtrooIIl frOlTI a different entry, But the lawyers got a


whiff of this and rushed to the gate.

.I

saw lawyers returning later with a sense of pride "Do laatein


jadi mast \vaali"". "n1ukke lTIaare saale ke muh pe (I kicked hirn
twice ... ptlnched hirn in the face)," one of them said.
Our blacl( coats Viere rneant to signify that we are an educated
class, but son1e of the law'jers have tainted the image of the
bar. VJhat

It's

ret

so civil about a war anyway?

fi..rst perso'n account by a lawyer practising at the


La

l~ouse

Courts who did not want to be named.

SI
JNU ro"v: Blow by blow, a day with lawyers in a
Delhi court
The Indian Express recount how lawyers beat up one another,
student leader Kanhaiya and others on court premises
Written by Kaunain Sheriff M , Abhishek Angad , Alok Singh
I New Delhi I Updated: February 18,2016 5:44 am

One lawyer advances towards another during the course of a


showdown between two groups on the Patiala House Courts
prernises Wednesday. AP photo
8:30-11:00 am: Preparation

Heavy security deployment at Patiala House Courts. Gate


number 2 cordoned off for general public, alongside heavy
restrictions for both litigants and lawyers.

11-11:30 am: First chants

Advocates arrive at gate number 2 and begin protesting. Over


150 lawyers chant anti-JNU slogans, threaten police officials for
imposing restrictions inside the court. Within half an hour, 100
more lawyers join. A minor scuffle takes place between security
officials and lawyers.

11:30 am-1 pm: The fight

A group of lawyers led by advocate Vikram Singh Chauhan


march on the premises, chanting, "Bharat Mata ki Jai. Gaddaro
Bharat chhodo." The group breaches security and enters the
court premises. And when another faction of lawyers emerges,
police quietly back away. This group raises its own slogan,
"Thana shahi nahi chalegi. Kanhaiya tum sangharsh karo, hum
tumhare saath hai." A scuffle break outs between the two
groups. A lawyer, a journalist and a student from Sonepat are
beaten up.

1-2:30 pm: Silent cops

Lawyers continue to march and chant slogans. Far from being


intimidated by the heavy police presence, they beat up at least
three of the few policemen who try to stop them. The lawyers
encircle the main building, where Kanhaiya will be produced.
They threaten journalists and ask them not to take out their
cellphones.

Policemen

still

watching,

lawyers

ask

every

journalist outside the court to show his or her ID card. Another


minor scuffle breaks out between police and lawyers. Stones
are thrown at camerarnen.

2:50 pm: assault ON Kanhaiya

Kanhaiya arrives. Though he is accompanied by five policemen,


at least eight lawyers assault him as he is being taken towards
the courtroom. They slap him, rain blows on his chest and also
on his feet. The mob follows him up to the court, where he is
attacked in the presence, of JNU professor Himanshu. The
professor then asks the police to arrest one of the lawyers who
assaulted Kanhaiya. The police let the lawyers leave the court.

3 pIn: Inside THE COURT

Court proceedings begin. Police make brief submissions and


seek judicial custody of Kanhaiya, who tells the judge he was
assaulted twice and there is a threat to his life. He submits a
written statement. The judge asks the DCP concerned to ensure
his security in jail.

3:25-3:50 pm: Target Sibal

Supreme Court-appointed commissioners arnve to assess the


situation in the trial court. Senior advocate Kabil Sibal and
others are abused by the lawyers, who threaten to attack Sibal.
Stones and shoes are hurled on Sibal's car, even as he leaves.
Lavvyers then argue with journalists over Sibal "defending an
anti-national", and ask media to cover instead the death of an
RSS worker in Kerala. During the argument, yet another stone
is thrown and the camera ?fan AP photojournalist is damaged.

4-5 pm: The ruling

The court sends Kanhaiya to

14 days in Tihar j ail.

It

immediately calls a doctor from RML to examine Kanhiaya after


the assault; the doctor arrives and does a checkup. The court
orders the doctor to write the history of the assault as
recoun ted by Kanhaiya.

5-7 pm: Safe exit

To ensure that he isn't attacked again, cops dress Kanhaiyaup


in a police uniform and take him out of the court after the
hearing concludes. The uniform is that of an 'anti-riot cell
officer. The ruse works -

senior police officers including DC

(third battalion) S K Tiwari escort Kanhaiya to Tihar.

Sarne lawyers, same goondagardi and same police inaction

.. NU'(NIMESH KUMAR
"

,HE HINDI;

SHUBHOMOY SIKDAR

Vikram Singh Chauhan, one of the lawyers who beat up


journalists, JNU students and teachers at the Patiala House Courts
on Monday, was again at the forefront of the violence on
Wednesday. PHOTO: AP
They were named and shamed on social media after they attacked
students, journalists and teachers at the Patiala House Courts on
Monday.
Yet the same group of lawyers on Wednesday clashed with one of
their colleagues inside the court premises, beat up a journalist and
later turned their wrath on JNUSU president Kanhaiya Kumar even
as the police played mute witness.
Despite the presence of nearly 3,000 personnel from the Delhi
Police and central police forces, utter chaos prevailed inside and
outside the Patiala House Court premises where Kumar was
produced on Wednesday in connection with the hearing on sedition
charges filed against him.
The unruly mob of lawyers, including Vikram Singh Chauhan who
was seen beating up students and activists on February 15, did not
even spare senior advocates Kapil Sibal and Dushyant Dave, who
visited the court to observe the security of Kumar on the direction
of the Supreme Court.
The lawyers shouted slogan~ against Mr. Sibal and the police had
to escort him and Mr. Dave out of the premises. A brick was thrown
at the two senior lawyers when they were about to board a car, but
they escaped unhurt as a constable took the hit.
Even though Kumar praised the Delhi Police for protecting him
from the attackers, some senior officers admitted that the security
was insufficien t.
Tarique Anwar, a correspondent of news website firstpost.com, was
slapped. A lawyer friend of Kumar, who had come from Sonepat in
Haryana, was also beaten up. Stones were also thrown at
mediapersons from inside the court premises.

.....

b3
W.P. (Cd) No. 25 of 20 16
APPOINTED VID E
REPORT OF TH E CO MM ITT EE
.02 .20 16 .
LORDSHIPS ORDER DATED 17

YOUR

Hon'ble
to the dire ctio ns ren der ed by this
nt
sua
pur
d
file
n
bee
has
ort
rep
,This
by the Committee, app oin ted by
gs,
din
cee
pro
ned
ntio
me
ve
abo
Co urt in the
es oLP atia la
,
02. 201 6 to visit the Co urt pre mis
you r Lor dsh ips ord er dat ed 17.
ed
duc
pro
use d Ka nha iya Ku ma r wa s to be
acc
ere
wh
x
p\e
Com
s
urt
Co
use
Ho
s
in res pec t of which a me ntio n wa
irs
affa
of
te
sta
g
stin
exi
the
ort
and to rep
Jai sin g, Sf.
an, Advocate and Ms. Ind ira
ma de by Shr i Pra sha nt Bh ush
pec t of the
rma tion .received by the m in res
Advocate, pur sua nt to the info
PM wh en
use Co urt had com me nce d at 2
Ho
iala
Pat
the
ore
bef
gs
din
cee
pro
duc ed before the sai d Co urt.
acc use d Ka nha iya Ku ma r wa s pro
ord er
g the above me ntio ned ma tter , an
It be me ntio ned tha t afte r hea rin
ses sio n of 17. 02. 201 6. A
e Co urt in the mo rni ng
'b~
Hon
s
thi
by
ed
der
ren
was
as
rea dy reference and ma rke d
for
ith
ew
her
ed
los
enc
is
of
copy wh ere
Enc los ure -A.
y me ntio n wa s ma de before this
nar
rdi
rao
ext
an
PM
5
2.1
und
At aro
of the
er pas sed in the forenoon, in view
Hon'ble Court, in spi te of the ord
a group
Pat iala Ho use cou rt complex where
the
in
up
g
ldin
bui
n
atio
situ
ten sed
thr eat eni ng
ted to be res ort ing to violence,
of la~ers and oth ers were sta
5 oth er
ma r as well as his Co uns els and
sec uri ty of acc use d Ka nha iya Ku
Co urt pas sed
und er the ord ers of this Hon'ble
ted
mit
per
e
wer
o
wh
s
list
rna
jou
nin g
dings. In view of the sai d me ntio
cee
pro
d
sai
the
nd
atte
to
on
eno
in the for
Bar of this
rop riat e to dep ute me mb ers of the
this Hon'ble Co urt dee me d it app
ordingly
n and rep ort to this Court. Acc
atio
situ
the
e
erv
obs
to
urt
Co
e
Hon'bl
l~~~\
ute d to pro cee d to Pat iala HO
the following Advocates were dep
,~ "O~ file -:\,
SltuatlOn eXlstmg the re. The m)e
l
tua
fac
the
ort
rep
and
x
ple
Com
'
Committee are :

~"

te)
1. Shr i Kapil Sibal (Senior Advoca
~
r Advocate)
2. Shr i (Dr.) Rajfv Dha'91an (Senio
Advocate)
3. Shr i Ajit Ku ma r Sin ha (Senior
ocate)
4. Shr i Du shy ant Dave (Senior Adv

~~
.~

~~

~~i)'

~~\\,/

. ""','-J/

~. dj ,
f"\'S
\.J
~.

': t:

'",

~'\:;~,/'

ocate)
5. Shr i Ha rin P. Raval (Senior Adv
6. Shr i A.D.N. Rao (Ad:rocate)
e, all
pas sed , exc ept Mr. bus hya nt Dav
At the time wh en the ord er wa s
Dave wa s
pre sen t in Court. Mr .Du shy ant
oth er lea rne d adv oca tes were

II

House Court
telephonically informed with a reque st to reach the Patial a
Complex immediately.
ers of
After the order was passe d by this Hon'ble Court , the Memb
issioner of
Committee straig htawa y went to the Office of the Deput y Comm
d at the
Police (Supreme Court Compound) Mr. Bharadwaj, which is locate
for about 10
Groun d Floor of the Supre me Court Premises. After waiting
al mobile
minut es for his arrival, two telephone calls were made to his person
by Mr. Raval
numb er 98189 94381 ,first at 3:02 P.M. and again at 3:04 P.M.,
engaged. ,A
from his mobile, but could not conne ct to him, as his phone was
wireless or to
reque st was then made to his staff to convey the messa ge on the
e~
dispat ch some police person nel to reque st his presen ce, so as to deput
the Pahal a
a team of officers to accom pany the memb ers of the Committee to
this Honb le
House Court Complex for ascert aining facts to report the matte r to
memb ers of
Court. Upon his arrival, it took about 10 minut es for the
memb ers of
Committee to. depar t from the premises. It was deeme d fit by the
lex in Police
the Committee to proceed to the Patiala House Court Comp
before this
vehicles on accou nt of the law and order situat ion as was narrat ed
DCP Mr.
Hon'ble Court at the time when the mater was menti oned. The
ers of the
Bharadwaj along with his. men personally accom panied the memb
s Complex;
Committee and togeth er they proceeded to the Patial a House Court
95821 51000
While on the way, a phone call was ,received from mobile numb er
identified
\as reGeivee on the cell phone of Mr. Raval at 3: 13 P.M. The caller
the accused)
himself to be a Junio r of Ms Vrinda Grover, (learned Couns el of
Room which
and narrat~q over the phone that they were all inside the Court
al injury
had to be locked and that they were feeling appre hensiv e about person
with all the
to themselves. Mr. Raval informed that they were on the way along
Complex.
team memb ers, and would arrive shortly at the Pahal a House Court
, at 3:15
Another phone call was received from mobile numb er 97171 14182
lf as the
P.M. by Mr. Raval on his mobile. This time the caller identified himse
that he was
Junio r of Ms. Rebecca John (Ld. Sr. Advocate) and informed
anxiety on
presen t at the Patial a House Court and narrat ed their fear and
that had
accou nt of the slogan s being raised repeatedly by the crowd
their way to
assem bled outside. It was informed by Mr. Raval that they were on
they didn't.
the Court. Police shoul d have taken an earlier turn to reach which
House
On accou nt of severe traffic congestion on the way to the Patial a
down from
Court Complex, it was decided by the Committee Members to get
all memb ers
the Police vehicles and to walk to the Court Complex. Accordingly,
person nel
of the Committee along with the D.C.P. and accom panyin g Police
building on
alighted at the North ern End of the Patiala House Court Complex

.1

as to reach
Tilak Marg and starte d walking in the back lane of the building, so
the Court premises.
the
While they were walking, at 3:21 P.M. anoth er call was received from
as to where
numb er 95821 51000 , who had earlier called Mr. Raval enqui ring
replied that
the memb~r~ of the Committee had reached, to which Mr. Raval
y and fear in
they were about to enter the Court. The caller expre ssed his anxiet
misse d calls
view of the situat ion described by him as tense. Thereafter two
and from
were also received from Mobile Nos: 95821 51000 at .3:21 pm
they were
91171 14182 at 3:25 pm respectively on Mr. Raval's mobile,. while
proceeding on foot to the Court as stated above .
went to
. The Committee memb ers entere d inside the Court premi ses and
1 to 10, as
the Court House Building, and proceeded towards Court s No.
Hquse
indicated by an arrow on the signboard. At the entry to the Court
person nel
Building, it was noticed that the Entry Gate was locked, and police
were present.
behin d
At the Entra nce there were barric ades at a distan ce of 5 to 10 feet
phere was
where there was a large mob of lawyers shouti ng slogans. The atmos
the Court
surcha rged and intimidating. The Committee memb ers entere d
Side, where
building and went straig ht to the Court Room on the Right Hand
her other
the Lawyer of accus ed, Ms. Vrinda Grover was presen t with
what had
colleagues. She was terrified. On being asked she narrat ed
in a video
happe ned, which was captu red on the Phone of Mr. Harin Raval,
recording format.
Briefly stated , she narrat ed the following:
ed
That when they (i.e., the team of lawyers repres enting the accus
officers as
kanhaiya) reache d Patial a House Court, the Registrar General, his
to show the
well as the DCP Mr. Jatin Narwal were there. They were asked
ded. The
Supre me Court order which was shown. Their I-Cards were deman
were named
phone s were depos ited and according to her only the lawyers who
advocates
in the order were permi tted to attend the hearin g and not even the
asked to
who had filed Vakal atnam a as the advocates-on record and who were
was a lot of
leave. She furthe r stated that when they were entering, there
extremely
slogan calling. They felt very intimidated as the situat ion was
Registrar
hostile. According to her she repeatedly told the police and the
she furthe r
General to ensur e the safety as there was a hostile atmos phere and
the safety of
made repeat ed reque sts to the police officers reminding them that
ed to their
the accus ed is param ount and that they also must be safely escort
slogganing
vehicle. She stated that they were in fear. According to her the

Court was
contin ued and severa] perso ns went to terrac e from which the
al and the
directly visible. She broug ht it to the notice of the l~egistrar Gener
intimi dating
DCP with the reque st to remove the couns els since there was an
taken to
environment. When the accus ed was produ ced, he was immediately
els wJre also
the court room on the other side and the phone s of the Couns
Court room
taken. They were told to wait in the Court room opposite to the
check ed and
where the accus ed was to be produced. Their identity cards were
,
ied with.
every other requir ement reque sted by the Registrar Gener al was compl
and beating.
She then stated that the accus ed was subjec ted to assau lt
beaten not
According to the facts stated , the accus ed waS manh andle d and
court room .
only at the time of enteri ng the court premi ses but also inside the
side she'
. 8he stated that while she was in the court room on the other
court room
sensed somet hing in other court room and a man came out of the
and when he
where the accus ed was produ ced, wearing a suit and dark glasse s
questi oned
was asked his name by the police, the man took off his glasse s and
d passe d the
the police as. to why he shoul d disclose his name and he walke
this man
police officers and nobody stoppe d him. She wonde red as to how
could come in and exit.
faculty
There after she introd uced the Jawah arlal Nehru University
Kumar had
memb er Mr. Hima nshu who stated that the accus ed Kanha iya
and assau lted
pointed to the man inside the room as the one who was beatin g
High Court
on him and the faculty memb er Mr. Hima nshu reque sted the three
arrest him as
officials as well as police officers to please stop him, and to please
they allowed
this is the man who Kanha iya Kuma r was assau lted by and yet
beaten 'up
the said man to go. Ms. Vrinda Grover then stated that he was first
proces s of
outside. He lost his sleepe rs and' his clothes were torn in the
tified men
enteri ng inside the Court. However, surpri singly these two uniden
men came in
were allowed to go inside the Court. According to her those two
s allowed
and assau lted Kanha iya Kuma r and the senior most police officer
of her eyes.
them to go. According to her the incide nt had happe ned in front
DCP Mr.
Ms. Grover asked the Committee memb ers to verify these facts from
J atin Narwal and the Regis trar General of the High Court .
of the
Mr. Raval reque sted DCP Mr. Jatin Narwal t? go and state his side
to faculty
version so as to accura tely report to this Hon'ble court. According
who was
memb er Mr. Hima nshu, the Registrar General of the High Court
the accus ed
presen t there was also reque sted to take action at the time when
I
he
why
to
as
l
Narwa
Jatin
8hri
DCP
was assau lted. Then Mr. Sibal asked the
to which the
did not arrest the said person that he was' specifically pointe d out,
(,

the atta cke rs.


w by tha t time tha t the y wer e
DCP replied tha t he did not kno
wh eth er
che d the Co urt also ask ed DCP
rea
ctly
dire
n
the
by
had
o
wh
e
1\1r. Dav
also ask ed as
ce in Co urt pre mis es. Mr. Dave
he allowed the atta ck to tak e pla
y were
his pol ice ma n and as to wh at the
ted
pos
wal
Nar
in
Jat
Mr.
er
eth
to wh
em ent . Mr.
in Narwal, the re wa s an arr ang
doing? According to OCP Mr. Jat
uni for m or not
a per son who wa s not in cou rt
y
wh
to
as
P
DC
the
ed
ask
al
Sib
rem e
cou rt pre mis es des pite the Sup
the
ide
ins
wed
allo
s
wa
d
ban
we arin g a
y stri pes suit.
we arin g the bla ck sui t but a gra
Co urt Order. He wa s not even
h an esc ort
Narwal, the sai d per son cam e wit
in
Jat
i
Shr
P
OC
the
to
ing
ord
Acc
wed ins ide
as to wh y the sai d per son wa s allo
par ty. Mr. A.D.N. Rao also ask ed
lawyers .an d 5
cou rt only per mit ted 6 nam ed
wh en the ord er of this Hon'ble
e from
to OCP, the sai d per son had com
ing
ord
Acc
t.
sen
pre
be
to
s
list
jou tna
h an esc ort
DCP as to how had he com e wit
gate No. 5. Mr. Rava1 ask ed the
t it is not an
escort.. The n the DCP sai d tha
par ty and wh o aut hor ize d the
he as said
fro nte d him tha t a mo me nt ago
con
al
Sib
Mr.
ich
wh
to
ty
par
esc ort
as to
ort par ty. Dr. Dh aw an ask ed him
esc
an
h
wit
e
cam
son
per
d
sai
tha t the
n ask ed the
son was on his list. Mr. Dave the
wl) eth er the nam e of the sai d per
to run away.
ed him or you hav e allowed him
I
DCP as to now hav e you arr est
lied
rep
P
DC
allowed to esc ape to wh ich the
was
he
how
to
as
ed
ask
e
Dav
Mr.
e Co urt
to DCP the y kne w of the Sup rem
ing
ord
Acc
w.
kno
not
do
y
tha t the
ort par ty was
de the arr ang em ent but the esc
ord er and tha t is wh y the y ma
s not the re
to the DCP Mr. Narwal, he wa
from ano the r dis tric t. According
ar Ge ner al who
get s con trad icte d by the Reg istr
on
r
late
ent
tem
sta
this
(
ide
ins
in the cou rt
sta ted tha t he wa s very mu ch
r
late
had
P
DC
of
ce
sen
pre
in the
room).
t tha t
officers from the Sou th Dis tric
According to DCP the re were
to kno w
ing to the DCP, the mo me nt he got
ord
Acc
ty.
par
ort
esc
the
d
ute
con stit
the m. Mr.
ins ide the cou rt, he ran to arr est
tha t the re are two per son s sitt ing
any bod y
tha t how cou ld hav e the y allowed
pav e rep eat edl y kep t ask ing him
as to
mit tee me mb ers wer e wo nde ring
com
The
m.
roo
rt
cou
the
er
ent
else to
wit hou t the y
y ent ere d how cou ld the y leave,
how the y cou ld ent er and if the
ang em ent s.
being arr est ed des pite sec uri ty arr
I

O of
called wh ose dut y it was . The SH
Mr. Sib al ask ed the per son to be
( who had no
e forward. Mr. Sus hi! Ku ma r
com
to
ted
ues
req
s
wa
a
are
the
k
and identified him sel f as SHO , Tila
ard
forw
e
cam
m),
for
uni
his
on
nam epl ate
aw are of the
ask ed as to wh eth er he wa s
Marg Police Sta tion . Mr Dave
Sibal ask ed
he replied in the affirmative. Mr.
Sup rem e Co urt 's ord er, to wh ich
The
allowed to ent er the cou rt room.
was
son
per
said
the
n
the
as to how
y cou ld repJy
O wa s also pre sen t the re. Nobod
Sar ojin i Nagar Police Sta tion SH

Su pr em e
sp ite th e or de r of the
de
om
ro
t
ur
co
e
th
to
re d in
as to how 2 m en en te
an,
ei n to en ter . Mr. Dhaw
er
th
s
on
rs
pe
ed
m
na
ly th e
,urt which pe rm itt ed on
w th e pe rso n
lice pe rs on ne l as to ho
po
e
th
all
d
ke
as
y
dl
an d Mr. Sibal re pe ate
could en te r
Su pr em e Co ur t or de r
e
th
r
pe
as
t
lis
e
th
on
whose na m e wa s no t
th e Co ur t room.

6S?;

sta te d to have
in who ha d hi m se lf
Ja
er
nd
ie
Vi
r.
M
ial
The police offic
th os e
w pe rs on s ot he r th an
ho
to
as
d
ke
as
s
wa
se d
ac co m pa ni ed th e ac cu
to
ed to en ter . According
itt
rm
pe
re
we
t
ur
Co
e
th e Su pr em
na m ed in th e or de r of
s th e lawyer
ke d, replied th at he wa
as
en
wh
on
rs
pe
id
sa
e
8h ri Virender Ja in , th
d was
to wh et he r th e ac cu se
as
d
ke
as
lly
ca
ifi
ec
s sp
of the ac cu se d. He wa
Co ur t
an ag ed to eriter th e
m
d
ha
o
wh
on
rs
pe
th e sa id
be at en / as sa ul te d by
wh et he r the
th at he does no t know
ied
pl
re
in
Ja
er
nd
re
room to which Mr. Vi
gh he wa s in
It wa s su rp ris in g th ou
.
om
Ro
t
ur
Co
e
th
e
sa id pe rs on wa s in sid
r the
d no t as ce rta in wh et he
ul
co
he
t
ye
d
an
d
se
th e ac cu
el
th e Co ur t room with
ke d th e police pe rso nn
as
en
th
l
ba
Si
r
M
t.
no
at en up or
ac cu se d was in fact be
room. Mr.
on s to en te r th e Co ur t
rs
pe
id
sa
e
th
ed
itt
rm
pe
to call th e officer who
en the
pr es en t at th e time wh
re
we
o
wh
ers
fic
of
e
os
all th
Dh aw an as ke d to call
e
be rs un an im ou sly , th
em
m
ee
itt
mm
Co
to
According
be ati ng took place.
were pr es en t
police pe rs on ne l who
e
th
all
on
d
ne
ste
fa
responsibility ha d to be
ite th is
is Hon'ble Co ur t de sp
th
of
on
cti
re
di
e
th
e of
th er e an d were aw ar
sa ul t
ed to en te r an d let as
itt
rm
pe
y
gl
in
ow
kn
re
rs on s we
un au th or iz ed ly two pe
Co ur t pr em ise s.
om an d ou tsi de in th e
Ro
t
ur
Co
e
th
in
e
ac
pl
tak e
r. Dave
o ar e th e officers? M
wh
to
as
ng
ki
as
pt
ke
Mr. Sibal re pe ate dl y
re
th e room th at they we
in
e
ac
pl
n
ke
ta
d
ha
t
th e as sa ul
as ke d as to wh et he r
place", m ea ni ng in
d th at "It did no t ta ke
de
on
sp
re
P
DC
e
th
sta nd in g, to wh ich
e as sa ul t took
cording to th e DCP th
Ac
g.
in
nd
sta
e
ar
we
the Co ur t room wh er e
te d the
faculty m em be r re qu es
u,
sh
an
m
Hi
r.
M
y.
th e wa
the
place so m ew he re on
e Re gi str ar General of
th
m
fro
e
m
sa
e
th
in
to as ce rta
Committee m em be rs
m em be r to
be rs as ke d th e faculty
em
m
ee
itt
m
m
Co
e
Th
High Co ur t of Delhi.
, which
ace in th e Co ur t Room
pl
e
tak
t
fac
in
did
t
sa ul
confirm wh et he r the as
e
t took place inside th
ul
sa
as
e
th
at
th
r
be
Fa cu lty m em
..;vas replied to by th e
Co ur t Room.
of Kanhaiya
the en tir e sta te m en t
ed
rd
co
re
rs
be
em
M
'
The Committee
Committee
Co ur t room wh er e th e
r
he
ot
e
th
e
sid
in
e
m
ca
Kumar, ac cu se d, who
en t of
in th e longish sta te m
gs
in
th
r
he
ot
t
gs
on
t. Am
m em be rs were pr es en
dly
te d th at he ha d repeate
sta
he
at
th
is
e
bl
ka
ar
is re m
d
Kanhaiya Kumar, wh at
rs on who ha d as sa ul te
pe
e
th
at
th
l
ne
on
rs
n of th e pe
br ou gh t to the at te nt io
no action
ur t Room, de sp ite which
Co
e
th
e
sid
in
s
wa
,
l1.
him at an ea rli er occasio

.1

to him he
was taken either by the Police or the Registrar General. According
regard s the
had also broug ht the facts to the notice of the Ld. Magistrate as
could not
assaul t. Kanha iya Kuma r looked intimi dated, terrified, injure d and
the following
even stand up from ti-is chair. He narrat ed the entire incide nt in
words, which can be briefly stated as under :
gate numb er
. iiThat the police broug ht me to the Court and I did not know the
d inside the
from where we entere d." First he was attack ed as soon as he entere
person s
premi ses of the Patial a House Court, in which proce ss. even media
of Advocates,
were injure d. There after there was a mob, which was in dress
attack ed to
and which attack ed him. Mr. Siba~ asked him as to when was he
ding to him
which he respon ded saying while enteri ng inside the Court. Accor
mob; some
the mob was prepa red to attack him. Out of these perso ns in the
calling other person s to join them in the assau lt by distinctively
dealt with
shouti ng iiHeh as come" "He has come". He was then assau lted and
Mr. Sibal
by fist and kick blows in stoma ch arid other parts of his body. When
he was
and Mr. Dave asked him as to who were the Policemen with whom

person s

v.:e~e

d that even
accom panied and wheth er he could identify the assau lter? He replie
assail ants as
the policemen were being assau lted and he could not identify the
he was being beaten .
as to what
The DCP tried to interv ene while Mr. Dave and Mr. Sibal asked him
and other
was the police doing and how did they not resort to Lathic harge
personl also
police measu res to stop the assau lt? According to the police, some
ed, Kanhaiya
inDicted blade injury on a policeman. Even according to the accus
ted. Mr.
Kumar, the police who had escort ed the said accus ed were also assaul
where he
Sibal asked as to wheth er there were other policemen at the place
ding to the
was beaten ? To which he respon ded in the affirmative. Accor
policemen
accuse d, there was a Mob. He was asked as to wheth er there were
there were
nearb y and what they were doing? Kanha iya Kuma r replied that
had fallen to
policemen but he could not see as to what they were doing as he
Mr. Sibal
the groun d on accou nt of th~ repeat ed fists/k ick blows to his body.
DCP had
asked the DCP as to wheth er he was listening to these statem ents?
no reply.
nel who
Mr. Sibal asked the DCP to give the names of all those police person
inside from
were presen t there. According to the accus ed they have come right
ed to get
the Entra nce gate, and out of them one person from the mob manag
ed. According
inside the Court room" who then came and sat behin d the accus
Hima nshu
to the accus ed he immediately informed the faculty memb er, Mr.
him earlier,
that the person sitting behin d was the person who had assau lted
n as to what
and he had identified him. The. police then asked the said perso
unifor m as to
was he doing ? To which ' the said person 'replie d to the police in

to the
sho w the ir ID Car ds. According
to
m
the
ed
ask
and
y,
the
are
who
y,ran
cers pre sen t the re, wh ich Mr. Dha
offi
urt
Co
e
rem
Sup
e
wer
re
the
~cused,
the acc use d,
Delhi High Court. According to
clarified to be the officers of the
the Police did
ng him in front of the police and
the sai d per son s left afte r atta cki

1u

nothing.

re and the n.
son could have bee n arr est ed the
According to the acc use d, this per
Officials of
told everyone (the police and the
The acc use d fur the r sai d tha t he
mittee
ass aul ted him. Mr. Sibal and Com
has
son
per
this
t
tha
rt)
Cou
h
the Hig
who were
could identify the Police per son nel
me mb ers ask eda s to wh eth er he
ording to him
he replied in the affirmative. Acc
pre sen t the re vvith him to wh ich
e and his
the police officer abo ut his nam
ed
ask
also
ver
Gro
Ms.
yer
law
/hi s
t
wit hou t the nam epl ate replied tha
m
for
uni
in
ice
pol
the
ich
wh
to
nam e plate,
use d told the
mu st have fallen down. The acc
dur ing pus hin g the nam e pla te
tha t per son
pla inin g and tha t he has identified
. sai d police officer tha t he is com
Court.
him while he wa s bro ugh t to the
ted
aul
ass
had
o
wh
m
the
of
one
to be
d him and
gate and the first one who atta cke
He was, the first per son nea r the
ording to the
him and could identify him. Acc
therefore the' acc use d had see n
gan nin g
kick blows, am ids t con sta nt slo
and
s
fist
h
wit
lt
dea
s
wa
he
d
acc use
s a
ask ed as to wh eth er the Police wa
al
Sib
Mr.
.
him
at
ses
abu
of
and hur ling
politically
acc use d, the ass aila nts were highly
mu te spe cta tor ? According to the
the Co urt
sta ted tha t he wa s bro ugh t ins ide
motivated per son s. The acc use d
room.

a
t him, and he wa s the rea fter given
me
and
ide
ins
e
cam
ver
Gro
Ms.
The lawyer,
y he had los t
ask ed the police officers as to wh
glass of water. Ms. Grover the n
atta cke d in
the s torn, and how could he be
clo
his
e
wer
y
wh
and
s
per
slip
his
ed the se
kum ar sta ted tha t he also exp lain
iya
nha
Ka
ice?
pol
the
of
ce
sen
the pre
n'ble
d sta ted tha t he info rme d the Ho
use
acc
The
e.
trat
gis
Ma
ld.
the
facts before
day, not hin g
duc ed before him on the ear lier
Jud ge tha t wh en he vvas first pro
ide nt des pite
, he had nar rat ed the ent ire inc
had hap pen ed. According to him
aha rla l
ted tha t he was a stu den t of Jaw
sta
r
the
fur
He
.
yer
law
no
ing
him hav
sui ng his
this Co unt ry and wa s cur ren tly pur
Ne hru University, and a citizen of
g? According
er the Hon'ble Jud ge did any thin
eth
wh
to
as
ed
ask
al
Sib
Mr.
.
PHD
yers
tha t he would look into it. The law
d
sai
ge
Jud
le
n'b
Ho
the
d,
use
to the acc
ge, if the
atio n. According to the ld. Jud
dem and ed for his me dic al exa min
of ano the r
urt, the re wa s a stro ng likelihood
Co
the
of
out
en
tak
s
wa
d
use
acc
Co urt
s given pri ma ry tre atm ent in the
:va
he
re
refo
The
d.
use
acc
the
atta ck on
e tha t he was
the Hon'ble Jud ge to ma ke a not
dis pen sar y the re. He req ues ted
the Hon'ble
n. According to the Ld. Lawyer,
atio
mid
inti
and
r
fea
,
eat
thr
er
und
the
se facts on record and therefore
the
all
e
tak
to
ant
uct
rel
e
littl
s
Jud ge wa
ma de par t
facts in his own han dw riti ng to be
acc use d wa s pen nin g down the se
a sta tem ent
sai d tha t let the acc use d ma ke
of the record. The Hon'ble Jud ge

;.-

WhICh would then come on rceora.

Mr.

unaw an speCllleallY aSKea as to

1-')

the accus ed
wheth er therea fter he was attack ed in the Court Room? To which
come, but in
replied, not in the Court , in which the Committee memb ers had
the other Court room.
plann ed to do
According to the accus ed, the person who was inside had alread y
ening attack
somet hing to him. According to the accus ed there was a life threat
events wouldmade on him. According to Mr. Sibal, the conse quenc e of the
the Court
show that there was neithe r any arrang ement on the gate, nor inside
P.M. Mr. Dave
Room. According to Ms. Grover the incide nt took place after 2:30
ed, and the
asked as to wheth er the Supre me Court order was comm unicat
were given.
order was in the affirmative, statin g that the copies of the order
man was
According to Ms. Grover if they were frisked, how was it, that other
unani mousl y
allO\yed to enter inside the Court Room. The Comm ittee memb ers
about the
felt that this was a seriou s matte r and if the Delhi Police knew
Supre me Court 's order, how could this have ever happe ned?
events as he
Ms. Grover asked Mr. Hima nshu, faculty memb er, to narrat e the
sts to the
was presen t there. According to Ms'. Grover, she made repeat ed reque
According to
Police to provide the securi ty, which the police did not provide.
Police Officers
her, she repeat edly expre ssed her appre hensio n. Although the
to her the
kept sayin.'g' "yes" "yes", but they did not take any steps. According
the video had
securi ty arrang ement s and bando bast which was record ed in
nted by the
come in only now inside the Court room, when the people appoi
were sent.
Supre me Court to witne ss the event had come and find out the facts
broug ht, and
Ms. Grover showed the far end of the hallway from where he was
ht in, despit e
said that there was no arrang ement when the accus ed was broug
were sitting
her repeat ed reque sts. He was broug ht in the hallway, and they
trar General
inside the Court room where the accus ed was produ ced. The Regis
s shouti ng
was sitting inside the Court Room. (In the backg round , the slogan
I
.

heard in the
even agains t Mr. Sibal, a memb er of the Committee are distinc tly
uous slogan
video recording. It may be' menti oned that there was contin
was a clear
shouti ng which escala ted the surcha rging of atmos phere . There
was witnes sed
attem pt to create an atmos phere of fear and intimi dation , which
by the Members of the Fact finding Committee.
ed was hit in
The Ld. Regis trar Gener al refuse d to acknowledge that the Accus
Thoug h the
his presen ce, and that accord ing to him he had not seen it.
was not one
Registrar Gener al had acknowledged the fact that this person who
much presen t
of the perso ns permi tted by the Hon'ble Supre me Court was very
ed that the
inside the Court Room. Mr. Himan shu, Facult y memb er, then narrat
According to
entire incide nt took place in the presen ce of the Regis trar General.
hit by that
the Regis trar Gener al he had not seen that the accus ed was being
as to who he
person but accord ing to him he did in fa.ct inquir e from the SHO

..

1~

hIm as to
was and that he shoul d be removed and arrest ed. Mr. Dave asked
and as to
vhethe r the Regis trar Gener al was aware of the Supre me Court order

the Court
how a person not name d therei n may be allowed to enter inside
order of this
Room. The ld. Regis trar Gener al replied that he was aware of the
ions to the
Hon'ble Court and accord ing to him, he had alread y given direct
Order of the
Police. Furth ermor e he had directed the DCP and a copy of the
. Supre me Court was also given to him.
come inside
The ld. Regis trar Gener al was asked , as to how such perso n could
person nel
the Court Room, to which he answe red that it was only the police
if the Hon'ble
who could reply. Mr. A.D.N. Rao asked the Registrar Gener al that
who' were
Supre me Court had name d only six lawyers and five journa lists
person enter?
permi tted to go inside the-C ourt room; then how could any other
al that if the
Mr. Raval asked a very simple questi on to the Regis trar Gener
not looking
Supre me Court order was known to him and if a perso n who was
trar General
like a lawyer, was presen t inside the Court room, did the Regis
~~ inquireql. about his presenc~? To which the Registrar General replied that
ed. Mr. Kapil
realizing that this perso n was not in the list, he shoul d be arrest
go, to which
Sibal asked the Regis trar Gener al as to how he was permi tted to
Mr. Sibal
the Regis trar Gener al replied that there were 12 to 13 policemen.
trar General
asked as to why did he not get him arrest ed, to which the ld. Regis
ed. Mr. Sibal
said that he did in fact asked that this man shoul d be arrest
to which
asked to whom did the Regis trar General asked for arrest ing the man,
I

police man
it was replied that "to policemen". On repeat ed inquir y as to which
by saying, to
was asked to make the arrest , the Registrar Gener al respon ded
(If this were
each and everyone.of the police person nel who were prese nt there.
duties of one
believed to be true, there was a complete failure of discha rge of
of the Order s
and all, more partic ularly the police person nel, especially in light
asked the
render ed by the Hon'ble Supre me Court in the forenoon). Mr. Sibal
n police
Id. Registrar Gener al to identify one or two of the twelve or thirtee
ding to the
person nel to whom he asked regarding makin g of the arrest ? Accor
said that the
Registrar General, the said reque st was made to the DCP. He
Mr. Narwal,
DCP, Mr. Jatin Narwal was also there. It was then that the DCr
despite the
was asked by Mr. Siba1 as to why he did not arrest that man,
he was not
Registrar Gener al asking him to do so? The DCP flatly refuse d that
the Registrar
asked by the Regis trar General to make the arrest , to which
the arrest .
General reitera ted saying that he did ask the DCP to make
person nel in
According to Ld. Regis trar Gener al there were 10 - 12 other
asked DCP
additi on to the DCP who were all told to arrest the man. Mr. Sibal
. According
to give the names of all the police person nel with their design ations
person s, he
to DCP, on being questi oned as to who were those 12 to 13 police
replied that those were the 0fficers fr~rr: the South Delhi Distri ct team.

39

ld. Registral
DCP by Mr. Raval tha t wh en the
A speCl IC questlOn wa s ask ed to
arr est him?
tha t ma n, why and how did he not
Ge ner al ask ed the DCP to arr est
rru pte d
to know, he ran but Mr. Raval inte
According to the DCP wh en h~ got
the Co urt
ar General, the DCP wa s ins ide
him tha t acc ord ing to the Reg istr
Co urt
era ted tha t the DCP wa s ins ide the
reit
al
ner
Ge
ar
istr
Reg
Ld.
The
I~oom.
a
n. According to the DCP the re was
ma
ice
pol
er
oth
12
10
his
h
wit
room along
and cha sed
to know of the inc ide nt, he ran
time gap and the mo me nt he got
bas is of
e me mb ers tha t we proceed on the
itte
mm
Co
the
told
al
Rav
Mr.
them.
nim ous ly
Reg istr ar General, which wa s una
the version given to us by the Ld.
"f]

agr eed to by the Committee.


DCP and
th Dis tric t tea m wa s the add itio nal
Sou
the
from
s
wa
o
wh
cer
offi
The
m.
men deployed ins ide the Co urt Roo
ice
pol
the
of
e
nam
the
give
to
wa s. ask ed
Mr. San jay
nam es and inform us. He was
He tha n sai d tha t he will tak e the
tha t ma n.
me nt he cam e to know, he cha sed
Bh atia . The DCP sai d tha t the mo
ed des pite
tha t the sai d ma n wa s not arr est
le,
vaq
elie
unb
her
rat
and
t
fac
a
It is
atia
so ma ny police per son nel . Mr. Bh
of
ce
sen
pre
in
n
ma
t
tha
g
sin
cha
the DCP
rt room.
he could not be ins ide the cou
sai d his tea m wa s not the re and
be a clear
the esc ort par ty (this app ear s to
According to Mr. Bhatia" it wa s
one -an oth er) .
atte mp t to pas s on the bur den to
cou rt'
re were two people ins ide the
the
l,
era
Gen
ar
istr
Reg
the
to
According
High Court.
the oth er officers of the Hon'ble
room, wh ich wa s confirmed by
see n only
l, the re were two me n but he had
era
Gen
ar
istr
Reg
Ld.
to
ing
ord
Acc
t and one
Mr. Him ans hu, one wa s in grey sui
one. According to faculty me mb er
ording and
nt Mr. Harin Raval sto ps the rec
was in bla ck spi t. At tha t mo me
ce the re was an
thr oug h wh ats app me ssa ge 'sin
sen ds it to a jun ior
re is a
ody would come to kno w tha t the
ryb
eve
n
the
by
as
t
tha
ion
ens
app reh
n take the
the re mig ht be an atte mp t to eve
recording of eve nts hap pen ing ,
.N. Rao so
The pho ne wa s given to Mr. A.D
pho ne or cau se any dam age to it.
st the
ing wa s don e by Mr. Raval at lea
ord
rec
the
t
tha
ead
spr
rd
wo
the
tha t if
e
ly rea ch this Hon'bie Co urt for tru
safe
ld
cou
ing
ord
rec
ed
tain
con
pho ne wh ich
nt wh ich were cap tur ed on video.
and acc ura te rep ort ing of the eve
acc use 4, the
d the DCP tha t the safety of the
cte
tru
ins
g
vin
lea
ore
bef
e
Dav
Mr.
d
use d had to be per son ally ens ure
acc
the
of
ls
nse
cou
the
and
s
me dia per son
This wa s
ers pas sed by this Hon'ble Court.
by the DCP in terms' of the Ord
e was
of Mr. Raval sin ce the ear lier I-Phon
ne
pho
bile
mo
r
the
ano
an
on
ed
rec ord
ers .
o had sta rte d to 'leave wit h the oth
alre ady han ded over to Mr. Rao wh
the
from ins ide the two cou rt rooms,
Th at afte r gat her ing all the facts
urt. The
come to the Hon'ble Sup rem e Co
to
left
e
itte
mm
Co
the
of
ers
me mb
were also
rge d and intimidating, Abuses
atm osp her e out sid e was sur cha
ers, There was
Sibal and all oth er committee memb
,
M'e
on
led
hur
and
d
ute
sho
~

. IA/

,I

at m os ph er e
m em be rs an d cr ea te an
ee
itt
m
m
co
e
th
e
at
id
an 'lf "igation to in tim
dr es s who
e crowd in lawyers
th
of
od
mo
at
be
up
e
of fear an d ter~o~. Th
rorizing
es to pr es en t a ter
us
ab
d
an
ns
ga
slo
ou tin g
co nt in uo us ly were sh
th e
ich ha d ac co m pa ni ed
wh
am
te
e
lic
po
e
Th
ly visible
at m os ph er e wa s clear
th e gravity of
pr em e Co ur t realized
Su
le
n'b
Ho
e
th
m
fro
Co mm itt ee m em be rs
rit y rin g
be rs by forming a Se cu
em
m
ee
itt
m
m
co
e
th
cle d
th e sit ua tio n an d en cir
om
lking from th e cQurt ro
wa
d
rte
sta
rs
be
em
m
m m itt ee
of th e officers as th e co
The sa id ring
t in th e police vehicles.
ur
Co
e
em
pr
Su
e
th
to wa rd s th e ga te to go
th e lawyers
re th an 3 oc ca sio ns by
mo
on
en
ok
br
s
wa
on
of police officers! co rd
Delhi
th e pr es en ce of ot he r
ite
sp
de
d
un
po
m
Co
t
th e Co ur
who were pr es en t in
g, hu rli ng of
slo ga n raising, sh ou tin
us
uo
in
nt
co
s
wa
e
er
Police pe rso nn el. Th
in g within th e I
t of th e Co ur t bu ild
ou
ng
mi
co
ter
Af
ab us es th ro ug h ou t.
e m em be rs
ne s were th ro wn on th
sto
nd
sa
t,
ur
co
e
us
Ho
pr em ise s of th e Pa tia la
.A
wer po t wa s also thrown
flo
en
ok
br
a
of
ce
ie
a sh vr
an d
of th e co mm itt ee . Even
in tim id at in g sh ou tin g
e
Th
.
wn
ro
th
o
als
re
r bottl~t we
ha lf filled pl as tic wa te
ovided by th e
for the se cu rit y rin g pr
t
bu
at
Th
d.
ue
in
nt
ch an tin g of slo ga ns co
possible
it would no t ha ve been
e,
lic
po
y
rit
cu
Se
t
ur
e Co
officers of th e Su pr em
t of
It wa s only on ac co un
d.
he
at
sc
un
t
ou
me
co
be rs to
for th e co m m itt ee m em
em e Co ur t an d
Bh ar dw aj of th e Su pr
r.
M
P
DC
by
ed
id
ov
th e se cu rit y cover pr
be rs could
at th e co m m itt ee m em
th
rs
be
em
m
e
th
g
in
ny
his pe rs on ne l ac co m pa
m be r of
gh, th er e wa s large nu
ou
Th
s.
ise
em
pr
t
ur
m Co
be safely ev ac ua te d fro
en t in
th e ot he r lawyers pr es
n
ai
nt
co
t
no
d
ul
co
ed, th ey
police pe rs on ne l deploy
id at e on e an d all.
large nu m be r to in tim
e le as t no t
at m os ph er e, to sa y th
e
th
at
th
t
fel
rs
be
All Co m m itt ee m em
d th e
in g an d frightening an
en
at
re
th
g,
in
rg
ha
rc
, wa s su
e
being at a~l co ng en ial
e at m os ph er e an d th
th
n
ai
nt
co
to
ty
du
failed in its
Police ha d completely
crowd.
tir e
iefly na rra te d th e en
br
an
aw
Dh
r.
M
t,
Co ur
After re ac hi ng th is
of th e
t th at a video recording
ur
Co
le
n'b
Ho
is
th
d
ise
pr
incident. Mr. Raval ap
s also
on e wa s m ad e. It wa
ph
ll
ce
al
on
rs
pe
s
hi
iry on
en tir e fact finding in qu
th e video saved,
th e pu rp os e of ha vi ng
for
at
th
t
ur
Co
le
n'b
ap pr ise d to th is Ho
he ha d se nt
t of an y ot he r da m ag e,
un
co
ac
on
or
e
on
ph
even in ca se of loss of
th at th e
e Co ur t room its elf so
us
Ho
la
tia
Pa
m
fro
ue
lleag
th e video clips to his co
or
s forcibly ta ke n over
wa
e
on
ph
e
th
if
en
es er ve d ev
video clip could be pr
with, It may
am in at ed or ta m pe re d
nt
co
ise
rw
he
ot
s
wa
da m ag ed , or th e video
an d th e
rc ha rg ed at m os ph er e
su
of
t
un
co
ac
on
s
wa
be m en tio ne d th at it
to be
re de em ed ap pr op ria te
we
ns
tio
au
ec
pr
e
es
th at th
th is
in tim id ati ng sit ua tio n
es te d no t to pa rt with
qu
re
en
be
ve
ha
l
va
s of Mr. Ra
tak en . The co lle ag ue
th e Pr es s to Mr.
es ts were received from
qu
re
of
le
up
co
A
.
ne
re co rd in g with an yo
. The re qu es t
to sh ar e th e video clips
le
ib
ss
po
be
ll
wi
it
r
Raval in qu iri ng wh et he

.1

were denied. The video clips have recorded in the phone and were transferred
on the office computer by Mr. Raval in his office where from they were
transferred to a newly purchased pen drive of scan disc make. The said video
recordings have been transferred into 2 .sepatatepen-drives each containing
,

the same recording and are being presented in two separate sealed covers.

The transcript of recording has also been made under personal


supervision of colleague of Mr, Raval. The said trqnscripts are also produced
for perusal of this Hon'bleCourt in a separate sealed cover. Utmost attempt
has been made to see that transcripts depict the video recordings as truthfully
and possible.

The Committee is beholden to the directions of this Hon'ble Court for the
purpose of providing security through the DCP attached to Supreme Court
Security without whose assistance and help it would never have been possible
to reach the premises, much less complete the fact finding inquiry directed by
this Hon'ble Court nor would it have been possible to come out unscathed in
view of this highly surcharged and intimidating atmosphere created at the
PaHala House Court.
.1

L..vv'

Shri Kapil Sibal (Sr. Advocate)

Shri (Dr.) Raj/v Dha'fan (SL Advocate)

~5 (R:(J-! hSl b
Shri Ajit Kumar Sinha ( r. Advocate)

Shri Dushyant Dave (Sr. Advocate)


~~:::.:~

e),l)N-

Shri Harin P.'

Shri A.D.N. Rao (Advocate)

TRANSCRIPT OF THE VIDEO RECORDING

Ms.
Grover:

Vrind a When we came here, the Regis trar General


was here, the DCP is here, Mr. Jatin Narwal,
vario us other senio r police officers are here.
We were asked to show Cour t the Supre me
Cour t Order. We showed that. The name s of
those lawyers, in fact Mr. Bum kin's two
JunlOrs, were actua lly on recor d
Vakalatnarria.
perm itted.

111

the

They said they will not be

Only the lawyers whose name s

are there . We said Yes'. Only those people


would appea r. When we were enter ing, there
was lot of sloganeering. I told you that they
were too very anxio us and there was fear in
us. I repeatedly told the police and I told the
Regis trar General in as In8ny words "Please
ensu re the safety.

There is a hostile

atlno spher e in the Patia la Hous e prem ises


and safety is param ount and we have to be
escor ted till our vehicles." This sloganeering
has continued.

Thereafter, went to the

terrac e here from where this court is directly


visible and the sloga neeri ng happ ened here. I
again broug ht it to the atten tion of the
Regis trar General and the DCP "Please
remove

these

scoun drels .

This is

an

intim idatin g environment.,r Thereafter, when


he was produ ced, he was imme diate ly taken
there . Our phon es were also taken from us
whic h is unpre ceden ted. And, thus, phon es
were put away.

We were told to wait here.

We are waiting here.

Our I-Cards were

checked.

We

complied

with

requirement by the. Registrar General.

?)1-

every
The

Faculty Member Mr. Himanshu


(Slight interruption. Ms. Vrinda Grover says
he has gone to the rescue ......... )
(In terruption)
Ms.

Vrinda Kanhaiya aap please yahan aOJo.

Edhar

baitho aap. (Kanhaiya please come here, you'

Grover:

.1

please sit here) He has been assaulted while


being brought to the court.
Mr. Kapil Sibal:
Ms.

He was assaulted?

Vrinda Yes.

Grover:

(Interruption)
Just now in this court room.

Mr. Kapil Sibal:


. Ms.

Just now?

Vrinda That is what I am saylng.

No lawyer was

allowed to come in.

Grover:

(Everyone walks towards Kanhaiya Kumar)

Uski chappal uttar gayi hai. (his sandals got


removed)
Unidentified voice:

Peini zara lao (get some water) and get a soft


drink (for Kanhaiya Kumar)

Ms.
Grover:

Vrinda He can1e in dark glasses - suited booted


man. If I can just finish what I am saying.
Thereafter, I suddenly. sensed that there is
something happening there because I can
see something. One man comes out and the
DCP, who is the senior-most officer here.

This man is weaIlng dark glasses.

1-1)

I-Ie is

wearing a coat. It is not a lfiwyer's coat. It is


just a black coat. He asks him court mein
"aapka I!-aarn kya hat (what is your name).

This man takes off his dark glasses and says


"rnein apna naarn kyun bataon?" (why should

I disclose my name) And he huffs


him away
.
'

"

and he walks pass. Nobody stops him.


How did that man came in through the
security and how did he exit?
[Thereafter, .......... Ms. Vrinda Grover points to a person ........
and says this is Mr. Himanshu, a JNU Faculty Member.]
Mr.
Himanshu, I raised objection.
The court Registrar
Faculty Member:
.
.
General was standIng next to me. I told hIm
Kanhaiya was pointing out that this guy has
beaten me along with 25 other people, arrest
.;1

him.

I was shouting and all three officials

allowed him to go.

I was shouting, I was

telling the police officers that this guy is the


one who has beaten the Kanhaiya is saying.
Please stop him.

Please arrest him.

And

they allowed him to go. . All of them allowed


him to go.
Ms.
Grover:

Vrinda But Kanhaiya pehley (first) got beaten up


ou ts'ide.

He lost his chappal.

officer accompanying has no

The police
nameplate

because he was pulled. Thereafter, two man


were allowed to come in. They beat him in
their

presence

scandalized, Sir.
(Interruption)
30 of them.

and' I

am

absolutely

Ms.

Vrinda And those two people come in, assaulted


him. The senior most officer allows them to

Grover:

:");

.1

go and then they come and tell us "we do not


know who they are."

It has happened in

front of our eyes and I had told them this is


going to happen.
Mr.
Himanshu, And the police had 5-10 minutes.
Faculty Member
basically were.
Mr. Harin Raval:

They

Should we not ask the gentleman who is incharge of the Security?

Ms.

Vrinda DCP Jatin Narwal and the Registrar General

Grover:

of the High Court. Please ask the Registrar


General, High Court.

Mr. Harin Raval:

Who is the senior most officer In-charge,


Security, because he will have to report to
the Supreme Court.

Mr.

Himanshu, The Court Registrar. He played a very very

Faculty Member:

...... I told him this guy has beaten, please


stop him.
I

[DCP, New Delhi, enters the scene accompanIed by DCP,


Security, Supreme Court.]
Mr. Kapil Sibal:

Jab inhonay aapleo bataya lei woh banda


yahan aaya) maar rahe hain to aapne unko
arrest kyo nahi kiya? (when he told you that
that person had come here and was beating,
why didn't you arrest him?)

Mr. Jatin Narwal, (In


DCP, New Delhi:

rushed.

stammering voice)

I immediately

I did not know by that time that

they were attackers.


Mr.

Dushyant How did you allow the attack?

,/

.LIaVC,

(Interruptions) ,
Mr.

Dushyant How did you allow the attack?

Dave:
Mr.

Dushyant (Asking everyone to be quite) Ek minute!

Dave:
Mr.

Dushyant How do you allow the attack to take place in


court premises?

Dave:

M.r. Jatin Narwal, The attack has not taken place.


DCP, New Delhi:
Mr.

What

happened sounds ......... ..

Dushyant Your men are posted everywhere?

Dave:
Mr. Jatin Narwal, Our men are posted.
DCP, New Delhi:
Mr.

Dushyant So what were they doing, sleeping?

Dave:
Mr. Jatin Narwai, Hamara arrangement tha aur in fact isko
DCP, New Delhi:

bahut

zayada ....... :...... .. (we

had

arrangement and in fact a lot more ... )


Mr.

Dushyant A1Tangement kya tha. Ke marne dein? (what '

Dave:

kind of arrangement. That let him be beaten)


What is your arrangement, Sir?

Mr. Kapil Sibal:

Band nahi thai coat nahi thaI (there was no


band, no coat)

Mr.

Himanshu, Striped dress not black!

Faculty Member:
Mr. Kapil Sibal:

Is!co ane !cyan diya? (why did you let him


enter?)

Mr. Jatin N81'wal, \Vith escort party he came.

~I

DCP, Ne wD elh i:
h ... (.

Kapil Sibal:

Wh ich esc ort par ty?

How do yo u allow

som eon e to come?


say s 5 of the law yer s an d 6 of
Un ide nti fie d Voice: Or der only
tho se people ..

Mr. Kapil Siba1:

How did the y com e?

d tha t roo m. (Pointing ou tsi de the


ere
ent
ey
Th
al,
rw
Na
in
Jat
.
Mr
door)
DCP, New Delhi
come, ho w did he en ter ?
Un ide nti fie d Voice: How cou ld he
ing from the Ga te No .5.
Mr. Jat ip Narwal, He wa s com
DCP, New Delhi:
Mr. Kapil Sibal:

com ing from


How did yo u kn ow tha t he wa s
Ga te No.5?

Mr. Hill"in Raval:

ing wi th an
How did yo u tha t he wa s com
tha t esc ort ?
esc ort pa rty an d wh o au tho ris ed

? Nabi, Sir. .... . ~ .... .


Mr. Jat in Narwal, Wh ich esc ort
DCP, New Delhi:
Mr. Ha rin Raval:

e wi th an
You yo urs elf sai d .tha t he cam
esc ort .

Mr. Jat in Narwal, Sir.


DCP, New Delhi:
Mr.

Du shy an t Wa s he on yo ur lis t?

Dave:
Mr. Jat in Narwal) No. No, Sir.
DCP, New Delhi:
Mr. Kapil Sibal:

How did he come the n?

Du shy an t How did he get in?


Dave:
ferent officers from .... .... .... . ..
Mr. Jat in Narwal, Th ere were dif
DCP, New Delhi:
Mr.
Dave:

Have yo u now arr est ed


Du shy an t Wh at is his na me ?
ay?
him or did you allow him to run aw

identify an d the n arr est him,


l
wil
we
no,
,
No
al,
rw
Na
in
Jat
Mr.
Sir.
DCP, New Delhi:
IVlr.
Dave:

entify"? How can he


Du shy an t Wh at do yo u me an "Id
go away from co urt pre mi ses ?

hi, sir. We did no t kn ow tha t he


Mr. Jat in Narv.ral, Nahi, Sir, na
DCP, New Delhi:
Mr.
Dave:

IS .... ...

u do n't know? Wh at
Du shy an t Wh at do you me an , yo
Your me n have
are yo ur me n doing?
ins tru cti on s no t to int erv ene ?

Mr. Kapil Sibal:

u no t arr est
Wh en he po int ed ou t, why did yo
him ?

Mr.
Dave:

u no t kn ow of Su pre me
Du shy an t It is a sha me . Did yo
Did yo u no t
Co urt ord er? Ju st a mi nu te.
know of Su pre me Co urt ord er?

Ml;.

order.
Hi ma nsh u, He ha d a copy of the

Fa cul ty Me mb er:
we ha d ma de the arr an ge me nts .
Mr. Jat in Narwal, Th at is why
DCP, New De lhi :
Mr.
Dave:

rat ely doing it. We will


Du shy an t No, Sir, yo u are del ibe
I
icers.
ask for sus pe nsi on of all the se off

ng deliberately. We ha d ma de
thi
no
,
Sir
,
No
al,
rw
Na
in
Jat
.
Mr
nts bu t sin ce the esc ort pa rty
DCP, New De lhi : ou r arr an ge me

was from other Distr ict ..... .


Mr.

Dush yant Who is the No.2 ?

Who are the officers?

Give us he name s. Give the narne s of all the

Dave :

officers.
Mr. Kapil Sibal:

When he told you.

Mr. Jatin Narwal, I was not there .


DCP, New Delhi
Mr. Kapil Sibal:
Mr.

Then who was there ?

Dush yant Mr. Meen a was here or not? Tell me.

Dave
Mr. Jatin Narwal, The officers from Sout h District.
DCP, New Delhi :
Mr.

Dush yant They are all not in ....

Dave :
Mr. Kapil Sibal :

Bulao unko, sab ko bulao. (call them , call


everyone)

Mr. Jatin Narwal, Sir, pleas e meri baat suniyeh (listen to me).
DCP, New Delh i: The mOll1ent I got to know that these two
perso ns ....... The two perso ns were sittin g
insid e were the attac kers, I ran to arres t
them .
Mr. Jatin Narwal, Sir pleas e meri baat suniye (listen to me).
DCP, New Delhi:
Mr. Kapil Sabil:

Bulao unko. Jo yahan jisJd yahan duty thi


unlw yahan bulao. (call them . Whosoever
was on duty here call them)

Mr.
Dave:

Dush yant How did you allow them to go out.

bahar kaise jane diy~

is

Aap

assault ke baad,

Ander ana to samajh sakte hai bahar kaise

t aft er the
gaye. (how could yo u let him go ou
get tin g in,
ass au lt. We can un de rst an d him
'l.,;

)
bu t ho w did he ma nag e to go out
Mr. Kapil Sibal:

er wa s on
Jiski du ty thi usl w bulao. (whosoev

du ty, call them)


Mr,

Dave:

e every bo die s nam e).


Du shy an t Sa bk e na am dijiyeh (giv
ha i is are a
Who is the SHO her e? SHO ka un
ka ?

[SH.O ste ps in.]


Mr.

(w hat is yo ur nam e?)


Du shy an t Ky a na am hai aap ka?

Dave:

SHO:

Su shi l Kumar.

Mr. Kapil Sibal :

Aa p ya ha n the? (were yo u here?)

Mr.
Da ve :

ka order pa ta tha?
Du shy an t Aaplco Supreme Court
co urt order?)
(were yo u aw are of the sup rem e

SHO :

Haan Ji. (yes sir)

Mr. Kapil Sib al :

diya andar?
Aa pn e uss ' aadmi ko aa ne ka ise
er? )
(how did yo u allow tha t ma n to ent

SHO

i ke baare
Nahi mujhe nahi pa ta kis aa dm
ow wh ich
main baat kar rahe h.ain. (I do n't kn
pe rso n

is being spo ke n about)

in ya ha n par? (since wh en were


ha
bse
ka
p
Aa
an
aw
Dh
jiv
Ra
.
Mr
yo u here?)
SHO

Dus baje se. (since 10 :00 am)

an da r hain idhar? (you were


se
e
baj
s
Du
an
aw
Dh
jiv
Ra
.
Mr
ins ide sin ce 10: 00 mTI ?)

Mr.

Dushyant \i\Tho was the Additional C,,?mmissioner who

Dave:

was present here?

Mr. Rajiv Dhawan Andar the. He was present here from 10


clock.

0'

Andar the aap idhar present the koi

andar gaya wo aap ld list mein nahi tha. (you


were present inside and still someone whose
name was not in the list could enter?)
.1

Mr.

Dushyant \i\T as Mr.' Meena in the court premises?

Daye:

[Another police officer steps in]


Mr. Kapil Sibal :

Aap the yahan. (were you here?)

Police Officer:

Haan ji. (yes sir)

Mr. Kapil Sibal :

Phir woh andar kaise aaya? (how could he


come in then?)

Police Officer :

Hamein nahi pata sir hum to accused ke


saath the;' Woh bol rahe hain hum lawyer
hain inke saath. (I don't know sir, I was with
the accused. He was telling that he is a
lawyer with them)

Mr. Rajiv Dhawal1 Aap accused ke saath the? Uski pitai kaise

hui agar aap accused ke saath the?

(you

were with the accused? How could he get


beaten up if you were with him?)
Police Officer :

Woh bole mein lawyer hoon inka. (he said


that he is his lawyer)

Mr.
Dave:

Dushyant Nahi) toh pitai kar sakta hai. (no, but then he
can beat up)

Mr. Kapil Sibal :

Phir usne lTwara. (then he beat him)

Police Officer:

Nahi nahi kisi ne nahi ma~ra. (no no, no one


ass~ulted)

Mr. Kapil Sibal :

Usne maara inlco ld nahi? (did he beat him or


not?)

Police officer :

Yeh mujhe nahi pata. (this, I don't know)

Mr. Kapil Sibal :

Aachha aapko pata na,hi, (oh! So you don't


know)

Unidentified voice:

Toh aap kahan the? (so where were you?)

Police Officer:

Mein andar he tha. Andar Sir, (I was inside,

[)

inside sir)
Mr. Rajiv Dhawan Aapne dekha nahi? (you didn't see?)
,I

Mr. Harin Rawal:

Accused ke saath kaun tha? (who was with


the accused?)

Mr.

Dushyant Aapka kya naam hai? (what is your name?)

Dave:
Police Officer:
Mr.

Virender Jain

Dushyant Aapki position kya hai?

(what

IS

your

Dave:

position/ designation?)

Police Officer :

Mein SHO hoon) Sir) Vasant Kunj) South. (I


am SHO sir, Vasant Kunj, South)

Mr. Kapil Sibal :

Jislco (Jinlw) an dar aane diya who kaUri'


officers hain. Unko bulao na. Jisne andar
aane diya who kaun officers hain unko
aandar bulao. Unka naam bataeyeh (who are

the officers who let him inside. Call them.


who are the officers who let him inside. Call
them. Please give us their names)
Mr. Rajiv Dhawan Sablca naam bataeyeh. (disclose every ones
name)
Mr. Kapil Sibal :

Aur accused ko kaun leh ke aaya? (and who


brought the acc1;lsed?)

Mr. Rajiv Dhawan Dekhiye humko Supreme Court leo r.eport

karna hai toh aap bulaeyeh please. (see we


have to report it to the Supreme Court so
please call them) .'
Mr.

Dushyant We are fastening responsibility on all police

Dave:

officers who were here.

Mr. Kapil Sibal :

We must get the names of thosedellows.

Mr. Kapil Sibal :

Kaun the woh officer jo yahan the? (who were


the officers who were here?)

Mr.

Dushyant Where did the assault take place?

Dave:
Mr. Rajiv Dhawan Inside!

Mr. Jatin Narwal, Assault didn't take place here,

SIr.

Inside

DCP, New Delhi:

nahi hua, Sir.

Mr. Kapil Sibal :

Kahan hua phir? (where did it happen then?)

i Mr. Jatin Narwal, Raaste mein kahin hua hai! Sir. (it happened
1

DCP, New Delhi:

somewhere on the road, sir)

Mr. Kapil Sibal :

Arey raaste mein nahi hua yaar. (it didn't


happen on the road)

Mr. Rajiv Dhawan Raaste peh bhi hua. (it also happened on the
road)
Mr.

Himanshu, You call the three people, the Registrar

Faculty Member

General and others and I Was pointing to


them, Kanhaiya was pointing out to that guy
that guy sitting in the corner. ......

Unidentified voice:

Kahan pe hua? (where did it happen?)

I~

Himanshu, Yahan pe. Aandar mein. (here, inside)

Mr.

Faculty Member
Mr. Harin Raval :

Aaplce hisab se andar hua assault? (as per


you. the assault happened inside?)

Himanshu, Uss !camre mein. (in that room)

Mr.

Faculty Member:
Mr. Rajiv DhawaD Lets call Kanhaiya.

Unidentified voice:

Kanhaiya

aapna

statement

dijiyeh.

(Kanhaiya give your statement)

[Since Kanhaiya was hurt he was not able to stand up and speak.
Therefore, he was asked to be seated on the chair and give his
statement.]
Mr. Kapil Sibal & Aap chinta mat !caro 5ab kuch batao. (don't
Mr.

Dushyant wony, narrate everything)

Dave to Kanhaiya
Kumar :
Kanhaiya Kumar:

Sir Police mujhe ley karke aaee. Toh sabse


pehle gate peh idhar

5e

aa rahi thi. I donJt

know the gate. number. Gate ke paas media


walon ne gher liya. Police .ne unse mujhe

,.

bachateh huye jiyun hi gate ke andar leh


karke aaee. Uske baad ek mob ne vakil ke
kapde pehan rakhey the. Unho ne mere par
attack ldya. Is doran gira diya.
(sir the police got me here. First of all I was
broug ht from the gate this way. I don't know
the

gate

numb er.

The

medi a

people

surro unde d me near the gate. No soone r did


the police escor t me out of the media, and
insid e the gate, a mob, dress ed in advocates
attire attac ked me. As a resul t I fell down)
Mr. Kapil Sibal :

Gate se ldtne andar the? (how far inside the


gate were you?)

Kanhaiya Kum ar:

Bus ghuse hi the. Aise lag raha tha ki jaise


woh is taiyaari mein baithe the attack karne
ki kyonki jo log peet rahe the na unmein se
kuch log aur logon 1m bula rahe the. ((aagaya
aagaya)) is tarikey se. Aur pure raste mein
kabhi gadian gir gayee kabhi mein gaddi par
gir gaya. Jahanse hum jab court entry karte
hai woh machine hota hai uske doran jab
mujhe dhakka deh kar andar kiya jar aha tha
mera pant khul gaya. Uske baad meri T-sf1irt)
chapel khul gaye. Mere paer mein injury hUl)
mere paet mein laatse ghuse se. Ek aadmi se
choot raha than doosra aadmi peet raha hai.
(Had just entered. It seem ed as if they were
waiting with full prepa ratio n to attac k since
from amon gst the people who were beati ng
me, some were calling out other s by shou ting
((he has come" ((he has come)). On' the way

.1

sometimes

motor

bikes

were

falling,

sometimes I was falling on it. While entering


the court premises near the X-ray machine, I
was pushed inside it in such a l118l1ner that,
my pants came down. Thereafter, my t-shirt

Il

and sandals also came out. My leg was


injured and I was kicked and punched in my
abdomen. As soon as I managed to rescue
myself from the clutches of one person,
another person would start beating me up.)
Mr.

Dushyant Kitni Police aapke saath the us waqt? (how

Dave:

many police were with you at that time?)

Mr. Kapil Sibal -

Kaun policewala tha aapke saath? Aap


pehchante ho? (who were the police officers
with you? Can you recognise them?)

Kanhaiya Kumar -

Mere saath)o policewale the unki bhi peetai


ld. (the policemen with me also got beaten
:QQ)

Mr. Kapil Sibal-

Unld bhi peetai hui? (they were also beaten?)

Kanhaiya Kumar - Haan (yes) sir.


Mr. Kapil Sibal-

Phir bachaya kisne? (who saved you then?)

Mr. Jatin Narwal, Sir blade mara hai policewala ko. Piche mein
DCP, New Delhi

)0 hai South District 'se)o hai escort kar raha

tha ............. (a policeman has been attacked


with a blade. The one in the rear, from South
District who was escorting ... )
Mr. Kapil Sibal-

Toh phir wahan police kya kar rahi thi agar


police wala bhi maar kha raha that oh. (Then
what were the police doing, if policemen were
being beaten up?)

.1

Mr.

Dushyant Lathi charge kyon nahi kiya. Aapki zimedari

.' .,tve-

nahi hai protect karna. (why didn't you resort


to lathicharge? vyasn't it your duty to
J2Iotect?)

Mr. Harin Raval - Police ko bhi blade lagaya aise aap bole. (you
Mr.

said that the police was also attacked by


blade)

Kanhaiya Kumar -

Wohjo police hai na jo mujhe escort kar rahey


the unlei bhi peetai hui. (the police who was
escorting me got beaten up)

Rajiv Dhawan -

Aur joh record kar rahe the? Koi record lear


raJw.

tha

yeh?

(what

about

the

ones

recording? Was there anyone recording this?)


Kanhaiya Kumar - Nahi (No) sir.
Mr. Kapil Sibal -

toh baki wahan aur policewale bhi the wahan .


us samay? (were there other policemen also
present at that time?)

Kanhaiya Kumar - Policemen the. Sir ele mob tha (there was a
mob sir)

Tv{Jr. Kapil Sibal-

Mob tha saath mein policemen bhi toh the?


(there was a mob, but there were policemen
also?)

Mr. Harin Raval -

Aas paas policemen toh the woh kya kar rahe


the? (there were policemen around, what
were they doing?)

Kanhaiya Kumar -

Wah toh me in kuchh nahi dekh paa raha tha


sir. Mujhe toh gira diya tha. (he gestures that
he had fallen face-down).

Mujhe peet rahe

the laatse ghusay se. Pait mein, chest mein. (I


couldn't see anything sir. I was flying' in the

./

'~~

gro un d. I was bei ng be ate n up


with kicks
an d pu nc he s on Iny sto ma ch an d
chest)
Mr. Kapil Sibal -

Th at me an s tha t the police wa s aro


un d the re
an d the y did nothing.

Mr. Kapil Sibal to

Now I wa nt you to find Qut who tho


se officers
are who were po ste d the re an d
give us the
Mr. Jat in Narwal,
na me s.
DCP, New Delhi

M r., D us hy an t And, first an


d foremost.
Dave - I
Mr. Rajiv Dh aw an Aandar

kya

huya

uske

baad?

(what

ha pp en ed inside after tha t?)


Ka nh aiy a Ku ma r -

Uslce baad jo haina gate tak ghus ga


ye hai.
Uske baad usmein se ek aadmi jo
hai woh
chase lcarte hue yeh saamne wale
kamr?y
mein ghus jata hai. (Kanhaiya point
ed to a
morn outside) aur pichhe jaa karlce ba
ith jata
hai. lvlain jo hai k.ehta hoon) jo
hamare
teacher hain) sir) yeh aadmi mujhe pe
et raha
tha. Phir jo hai police jo hai us aa
dmi leo
poochti lI.ai ((aop kaun hail). 1'oh rep
ly mein
woh kehta hail ((tum kaun ho apna
I-card
dilehcw)). Is tanke se poochta hai) phi
r) kuch
thee) mujhe baad mein pata chala
Supreme
Court ke officers the)
(aSter tha t ma na ge d to get ins ide
the gate.
Th ere aft er one of the m ch ase
d me an d
ma na ge d to get ins ide the adjoin
ing room
an d we nt an d sat beh ind . I told
my tea che r
tha t thi s ma n was bea tin g me.
Thereafter,

the police inquires about the identity of that


person. However, he replies questioning the
police officers as to who they are and asks
for their i-cards. This is how he asks, then
there were some whom I got to know later
were Supreme Court Officers ... J
Mr. Rajiv Dhawan High Court ke officer!

Kanhaiya

Kumar unko kehne ke baad woh jata hat. Police ko

(nods.
agreemen t) -

111

to woh kuch nahi manta aur police ke saamne


se woh aadmi nikal gaya. (after apprising
them, he leaves. He didn't give a damn about
the police and walked out right in front of
them)

Mr. Kapil Sibal -

Police ne kuchh nahi kiya? (police didn't do


811y thing?)

Kanhaiya Kumar - Kuchh bhi nahi. Saamne se nikal gaya bilkul.

Usko wahein pe pakda jaa sakta tha. Meiney


kaha ki siryeh aadmi mujhe peet raha haL
Is aadmi lee upar mujhe complaint karna haL
(absolutely nothing. He managed his exit
right in front of them. He could. have been
nabbed right there. I told them that sir this
man was beating me. I want to file a
complaint against him)
Mr. Kapil Sibal -

Aapko maloom hai ke Ids policeman ne aapko


kaha tha. (can you recollect which police
officer you told it to?)

Mr. Harin l\.aval -

Aap pehchan salde ho? (can you recognIse


him?)

Kanhaiya Kumar - Haan pehchan' sakte hain. (yes SIr, I can

recognise)
Mr. Kapil Sibal -

Kaun hai woh? (who was it?)

Kanhaiya Kumar - J-Iamare )oh vakil aayi hai na Vrinda unho


nay poocha hai lei aaplea nameplate kahan
hai aap isleo escort kar rahe hain.
haath woh pakde huae the.

Mera

Woh bole ki

dhakkamukki ke dauran mera nameplate gir


gaya. UnkO bhi mein ne kaha hai is aadmi leo
pakdein.

(my advocate Vrinda asked him where his


name plate was since he was accompanying
me. He was holding my hand. He said that
his nameplate must have fallen off in the
scuffle. I had also told him to arrest this
man.)

Mr. Harin Rawal -

That SHO did not have a nameplate.

Someone says -

No he is the other guy.

Kanhaiya Kumar -

meine unleo kaha ki

IS

aadrni key khilaf

complaint karna hai mujhe. Yeh mu)he peet


raha tha.

J can identify) kyon/d) woh pehla

aadmi thaa naa)o gate ke paas mU)he attack


kiya tha. Meinay usko dekha thQ" (I told him

that I want to file a complaint against this


guy. He was beating me up. I can identify as
he was the first person to beat me up near
the gate. I have seen him.)
Mr.
Dave -

Dushyant See his safety is your responsibility.

If a

single hand is now on him we will move for


your suspension straight away. Lets be very

deal' Mr.

Do not give excuses.

This is

unbelievable! . Right in the heart of Delhi!

You are now under Supreme' Court's orders.


Not Commissioner Bassi's orders.

Lets be

very clear about it.

[While Mr. D<:tve was speaking as aforementioned, Mr. Kanhaiya


Kumar was simultaneously stating as follows: 1
Mr:

Kanhaiya Bald joh log they woh is tarikay sepeet rahe

Kumar

the na jaise ek aadmi se choot raha hai na


toh samney se aakar koi laat mar raha haL
Wohh joh baar wale, samaney se, pait mein.
Iske saath saath woh bol rahe hain, galiyan
de rahe hain theek hai.
(the manner in which these people were
beating me up was such that no sooner did
one guy leave me, that another guy would
come from the front and kick me. Alongwith
the beating, they were hurling abuses at me.)

Mr. Kapil Sibal-

Toh yeh bus khade huay hein apna? (so they


were just standing by themselves?)

Kanhaiya Kumar - Meine detail mein saaf saaf mention kar diya

hai (I have mentioned everything in detail). I


don't know they are lawyer or not but what
they are saying, I think they are highly
politically motivated persons.
Mr. Rajiv Dhawan uske baad kya hua? (what happened after
that?)
Kanhaiya Kumar - uske baad idhar aagaye. Phir jo hai mujhe

bithaya gaya, meri lawyer aayee) mere saatfi'


mere professor saab the.

Us key_ baad

unhonay thoda pani pilaya us key baad hum


baith key thoda shaant huae.

Phir meri

lawyer ne poocha ((iski chappal kal1an hai?


Iske kapdey kaise phatay?!!
(we came here after that. Then I was made to
sit. My lawyer came. My professor was there
with me. Thev gave me water to drink.
Thereafter I sat and pacified myself. Then my
lawyer asked, "where are his sandals? How
did his clothes tear?")
Mr. Kapil Sibal -

It is shocking.

Kanhaiya Kumar '- Phir police se jawab manga gaya ki kaise

court premises mein' aapke rehte huae yeh


pitt raha hai? Uske baad mein aaya hoon)
me me Judge saab ko kaha hai. (then the
police was asked as to how despite their
presence in the court premises, I was beated.
Thereafter, I came. I told the judge)
Mr. Kapil Sibal -

Toh Judge sahib ne kuchh nahi kiya? (did the


judge do anything thereafter?)

Kanhaiya Kumar -

Judge sahib ko meine yahi kaha ki sir mein


jab pehli baar aapki court mein aaya thai
mere saath chaar log the.
hua tha.

Koi attack nahi

Normally me in produce hua tha.

Aur poora narrate ldya tha incident. Meine


kaha tha Judge sahib lw ki sir mere paas us
din lwi lawyer nahi thai aap yaad kijiye woh
din meine us din bhi kaha thai ki mein is
desh ka nau-jawan hoon. (at this point
Kanhaiya breaks down and starts crying).
Mein JNU mein padhai karta hoo71.
(this is what I told the judge, that sir when I

.il

first came to your court, there were only 4


persons.

Nobody

had

attacked.

was

12IQduced normally. I narrated the entire


incident. I told the judge that day that I had
no lawyer, please recollect. That day I had
also told the judge that I am a yound citizen
of this country (at this point kanhaiya breaks
down and starts crying). I study in JNU)

[Mr. Kapil Sibal and others try pacifying him.]


Kanhaiya Kumar -

Mujhe yeh bol karke ki yeh deshdrohi hai


rnedia mera trial kar rahi hai) aur poori media
nahi kar rahi hai. (by portraying me as a
traitor, media is conducting my trial, not the
entire media though)

Mr.

Dushyant Beta don)t worry about that uss 1m chhodiye

Dave and others -

aaj ke baray mein bataeyeh Judge Sahib ne


kya ldya. (son, don't worry about that. Leave
that. Tell us about today. What did the judge
do?)

,
Kanhaiya Kumar -

Usske baad aaj meine kaha Judge sahib se ki


sir dekhiyeh yeh itna highlight ho chuka hai
ki aaj mein aapko pehle din kaha tha ki I
have full faith in my Indian Constitution.
(after that I told the judge that see sir this"
issue has been highlighted so much and that
I had told you on the first day that I have full
faith in the constitution)

Mr.

Kapil

and others-

Sibal Wohh theek hai yeh batao ki Judge Sahib ne

.kya kaha. (that is alright. Please tell us what

the judge said?)


Kanhaiya KU111ar - Judge Sahib, ne kaha ki theel<:: hai hum

dekhtey hain. Men Lawyer ne kaha ld iska


,I

medical examination hoga. Judge Sahib ne


yeh kaha ki aap bahar ley jayeingay to phir
attack ho sakta hai. Unhonay yeh reply kiya.
Toh me in yahin se jo hai dispensary se iska
ilaaj karatah hoon. Humney kaha lei} Sir) aap
note kijiyeh ki mein dehshat mein hoon} mein
dan-ah hua hoon..
(the judge said that he will see. My lawyer
thereafter

said that I need

medical

eXffinination. The judge said that if you talze


him outside, there is. a possibility that he
may be attacked once again. This was his
reply. I will get him treated here from the
dispensary only. ,I told the judge that sir
please note that I

8lTI

terrorised! scandalised

and I 8lTI in a state of fear.)


[One Advocate said we requested the court to take all these facts
on record.

He was little reluctant, so we said he (Kffi1haiya

KUinar) will mal{e a statement, which what he was writing just


now and that will come on record.]
Mr. Rajiv Dhawffi1 Aacha uske baad court me in attack hua? (was
there an attack in the court thereafter?)
Kffi1haiya KumaT - Is

room mein nahi (not in this room)

(indicating that there was no attack in the


room he was sitting at presently). Uss room
(other room) (pointing to the room outside).
Mr. Rajiv Dhawan Uss room ka batao (tell us about the other
room)

Kanhaiya Kumar - They tried. Wohh aadmi ne kiya koshish.


.J

fillere saath mere Sir the. (that man attempted


to. My sir was with me.)
Mr. Rajiv Dhawan Aur jo chashmey wale the? (what about

th~

one with the glasses?)


Kanhaiya Kumar -

lVahi aadmi

l1SS

room mein ghusa hai. Aur

woh aadmi bait karkey plan mein tha ki mere


saath kllCh zaroor karta kyonki jis tarah se
jaan leva hamla hua hai aur woh mere saath
jis tarah se ghusa hai ...... {he is the same
man who entered the room. He was sitting
and planning to definitely do something to
me jUdging by the manner in which I was
attacked and the manner in which he
entered with me ... )
Mr. Kapil Sabil I

Iss ka matlab bahar lwi arrangement nahi


thai gate par lwi arrangement nahi tho.)
aandar lwi arrangement nahi tha. Yahi iss se
sabit hota hai. (this means there was no
arrangement either outside, near the gate
nor inside. This is what gets proved by it)

Ms. Vrinda Grover He was allowed to come in.

Mr.

Dushyant What time was that?

DaveMs. Vrinda Grover This has happened between 2.30 and ...

Mr.
Dave -

Dushyal1t So after Supreme Court's order.

Was it

communicated to police?

Ms. Vrinda Grover Yes, Sir, it was. I have myself given copies of

the order.
Mr.

Dushy811t That's important.

Dave Ms. Vrinda Grover We were frisked. How did that man come in?

Mr.

Dushyant That's very senous.

Dave -

Supreme Court order.

Mi. Kapil Sibal -

Lets go out.

They knew about the

Show us the place the fellow

came in from.
Ms. Vrinda Grover Aap bata dein because you were present.
to Mr. Him811shu
(Everyone moved out of the room they were
Faculty Member:
in and walked out and stood in the corridor)

Ms. Vrinda Grover I made repeated appeals for security. They


did not put security here.
expressed apprehensions

and

I repeatedly
they kept

saying "haan, haan) haa,:-" and not listening


to me.

This kind of security has come in

now, when you people have arrived. (pointing


to the large number of policemen standing
there).
V

Mr. Kapil Sibal-

Please tell us where was he? Aap bataeyeh


na (you tell us please)

Ms. Vrinda Grover

(pointing towards a door) he was brought in


from here, sir. This was not the bandobast.
I requested for bandobast, they would not
listen. He was brought in from here, we were
sitting in that room (pointing to the room
from where she had just come out) and the
Registrar General and the Judge in':charge

Ms. Vr ind a
were pre sen t (voice ina ud ibl e as
ra)
an d oth ers walk into the co urt roo

-\

D
(i

s hit him here. Th ese people


Ms. Vr ind a Grover Th at ma n ha
e adv oca tes
kn ow him (pointing tow ard s som
an d co urt staffj.

Re gis tra r Ge ner al of the Hon 'ble


[Persons ind ica ted , inc lud ing the
ha n pa r hit nahi ldya. 12-13 log
Higb Co urt of Delhi, say tha t ya
i hu a ha ma re sam an e. Ek
nah
h
kuc
r
pa
n
ha
Ya
le.
wa
ice
the pol
ke ... (no hit tin g too k place here.
aa dm i da ad i thi usk i ya ha n pe aa
thing ha pp en ed before us. One
12 - 13 policemen were here. No
bea rde d ma n cam e he re an d .... )
I

h? (who was it?)


Unidentified voice Kaun tha wa

Re gis tra r Ge ner al


Mr.

We do no t know.

Du shy an t Nobody checked?

Da ve Mr. Hi ma nsh u -

yo u thr ee
I wa s sta nd ing nex t to you. All of
Th at guy cam e from her e
were here.
Ka nh aiy a wa s
(pointing to the door).
the chair).
bro ug ht to sit here (pointing to
the re.
Th at guy who hit him wa s sit tin g

Registrar Ge ner al

Lekin hu m
We have no t see n hit tin g him.
gao ~se
ney yeh ka ha yeh ka un ha~ bha
o he was
ya ha n se (but we did qu est ion wh
an d ask ed him to be sen t away)

Mr. Hi ma nsh u -

(How did
Wohh chair tak pa ho on cha kaise?
tha t arr est
he rea ch ne ar the chair?) I sai d
him.

Mr.

ka order pa ta hai? (are


Du shy an t Aa p ko Supreme Court

Dave

to

the you aware of the Supreme Court's Order)

.L,egistrar General

How did you allow him to come m?

Mr. Himanshu -

Maine aap!co bola arrest !carne (I told you to


arrest)

Registrar General

Hurrme toh already directions de diye (we had


already given directions) DCP was here.

Mr.

DushyaJ1t Wohh a71dar kaise aaya (how could he get

Daye -

inside?)

EegistraJ" General

Sir) ab yeh toh policewalon ka .......... Woh


toh upar terrace pe bhi chaley gaye the. (sir,
this is policemen's ... they had infact climbed
up on the terrace as well)
(indistinct voice as too maJ1Y people speaking
at the same time)

Someone asks the Ek baat batao jab Supreme Court ne clear kar
Registrar General di lei 6 vakil aayenge) 5 wohh aayenge toh

woh aadmi andar kaise aaya. {tell us one '


thing, if the Supreme Court had claJ"ified that
6 advocates will come, 5 of theirs (meaning
journalists) would come, then how did a
commoner get inside)
Registrar General- Hurnne sabko direction de di thi) DCP lco hum

sab ne (we had given directions to everyone,


to the DCP)
Mr. Harin Rawal -

Sir, I have a very simple question if you were


aware of the Supreme Court order, and you
found someone who was not looking like an
advocate did you try and enquire who he is.

Eegistrar General

Sir hurn71e poocha kaun hail isse pakdo (sir


we asked who he was, to catch him)

\orw
'I

Mr. Kapil Sibal -

That' s not the point .

How did you let him

go? How did you let him in a,nd how did you
let him out?
Regis trar Gene ral

Sir~

humne kaha isse action lo} isske) kaun


hai yeh aadmi. (sir we told to take actio n
. again st him)

Mr. Kapil Sibal -

What do you mean by that? When a perso n


is not entitl ed to be here he shou ld not be
allowed go.

Mr. Kapil Siba l-.

Aapne arrest kyon nahi karaya unlw? (why


didn' t you get him arres ted?)

Regis trar Gene ral

Sir) meine kaha DCP ko (Sir, I told that DCP)

Mr. Kapil Sibal -

Kisko kaha batao. You have said ki kisiko


!who. ab batao kis leo kaha. (tell us who you
told it to. You have said ki you have told
some one, now tell us who you told it to)

Regis trar Gene ral

Sir 12-13 officers they mainey sabhiko bola.


(sir

12-13

offic ers' were

there ,

told

everyone.)
Mr. Kapil Sibal - Kaun 12-13) unmein se ek-do ko pehchaniye
Mr.
aap. (which 12-13, pleas e ident ify one or
two)
Regis trar Gene ral

Yes

Mr. Kapil Sibal

Bataeyeh kaun hai (tell us who it is)

Regis trar Gene ral

DCP was there .

Mr. Kapil Sibal -

\tVhich DCP?

Regis trar Gene ral

Mr. Jatin Narwal. .

l1\1r. Jatin Narwal enters the room and comes in)

.(Ill

Mr'.

Kapil

Sibal Wohh kehte hain ki unhonay bola tha ki yeh

asks the DCP -

"caise andar aaya isse arrest learo. (he is


saving that he asked you how that man
came in and also asked you to arrest him)

Mr. Jatin Narwal, Sir arrest ki lwi baat hi nahi ki thi. (sir there
DCP

was no talk of arrest)

Registrar General

Meine kaha nahi iss aadmi leo paledo. (didn't I


ask you to catch this guy)

Mr. Jatin Nan;val, Sir unlco )0 hai enquire kar rahe the. (sir, we
DCP

Mr.

were inquiring him)


Dushyant Toh aap andar aaye the kamre mein? (so

Dave to the Mr. were you inside the room?)


Jatin Narwal' DCP
o

Registrar General

He was there.

Mr. Kapil Sibal-

Haan, Haan, Haan he was there.

He told

him ke isko pakdo. He did not do it.

Registrar General

Sir inlce saath 10-12 aur bhi police officer the


yahan par. (sir there were 10-12 other police
officers here along with him)

Mr. Kapil Sibal-

You and)oh bhi 10-12 officers the yahanpar


unlce naam chahiye hamein.

Unlce naam

chahiye aur unlce designation chahiye (we


need your name and the names of the other
10-12 officers who were present along with
their designation). Because we have to go
back to the Supreme Court and report it.
Mr. J atin Narwal, I asked them how did you come here?
DCP

\\)~
r

..

Mr. Kapil Sib al-

wh en they
No ask! How did he get in. And
get ou t?
told yo u ki isko pak do how did he

Registrar Ge ner al

P) a copy of
Sir, we have also given him (DC
the order.
(voice unclear)

esc ort party. Sir mein jaise hi


Mr. Jat in Narwal, Th at was the

Jei haan
unse rwam poocha woh kehte hein
ed him
bata rahe hain (sir the mo me nt I ask

DCP

me)
his na me he told me tha t he will tell
Mr.
Dave

un they woh bataeyeh.


Du shy an t AapJee saath 12-13 ka
were the 12-13 oth ers
- N a a m bataeyeh. (who
wi th you. Tell the ir nam es)

trict ki team thi (sir, it was the


Mr. Jat in Narwal, Sir) South Dis
sou th dis tric t team).'
DCP Mr. Kapil Sibal -

uth Di str ict


Get us the na me s of the So
Team.

Mr. Ha rin Rawal -

wh en the
And ple ase jus t one qu est ion
ed yo u to
Registrar General say s tha t he ask
did yo u no t
arr est tha t ma n, did you or why
arr est him.

DC P-

The mo me nt I got to kn ow I ran .

Mr. Harin Ra wa l-

m.
Bu t he sai d you were ins ide the roo

DC P-

ud ha r gaya
Sir me in ins ide na hi tha me in
d gone out)
tha (sir I was no t ins ide , I ha
(pointing ou tsi de the door).

s ins ide the room alongwith 10Registrar Ge ner al Na sir he wa


12 oth er police officers.
of High Co urt Mr. Kapil Sibal -

Th en?

Nahi, sir, there was a time gap. The mom ent


I got to know that they were there I ran and

--,CP

chase d them.

ict
(Mr. Sanja y Bhati a, Additional DCP, from the Sout h Distr
Team enter s the room)
Mr.

Dave -

Dush yant Aap South District Team se hain. Aaplca aur


sabk a naam dejiy eh (you are from south
distri ct team. Please give all your name s)

Additional DCP - Sir mein le loonh sab ka naam jaaka r? (sir,


can I go and get everyone's name)
~ Mr.
Mr. Kapil Sibal -

Haan , Haan , Please.

Mr. Jatin , DCP -

Sir the mom ent I got to know that they are


the attac kers I chase d them .

Mr. Kapil Siba l-

No quest ion of chasi ng them . How can you


say that I was chasi ng them .

Registrar Gene ral Sir ek aadm i ne uss ko paka d bhi rakha tha
accus ed ko taaki woh bhaa g na jayeh
of High Cour t (someone had held the accus ed to preve nt
him from running) Ek aadm i waha n jaa ke
baith gaya (one man went and sat there)
(pointing to a chair in the corne r of the
room).
Mr.
Dave -

Dush yant Yeh (Addl. DCP) keh rahe hain ki anda r in ki


team nahi thi (this AddL DCP is sayin g that
his tearn did not come inside.)

Addl. DCP -

Anda r toh hum ho hi -nahi sakte y! Sir. Wohh


to jo escort party thi woh thi andar. (we cant
be insid e sir. The escor t party was inside)

r.

Dush yant Kiski thi escort party ? Kiski hai escort part?

,iA

Dave -

(whose escor t party was it?)

DCP -

Sir, South Distr ict ki.

Mr. Rajiv Dhaw an Aapn e jaate nahi dekh a na? (you didn' t' see
to

Regis trar him going out?)

Gene ralRegis trar Gene ral Meine waha n baith e huay dekh a usko (I saw
him sittin g there)
(Again indis tinct voices) ,
Registrar Gene ral He says they were two but I saw one.

Mr. Hima nshu -

One in grey suit, one in white suit.

Mr. Kapil Sibal -

Kisine recor d nahi kiya? (no one recorded?)

Regis trar Gene ral Mobile sabki rakh di anda r (every ones
mobile was kept inside) as per court order.
Mr.' Harin Rawal Sir I am stopp ing the recor ding now and at
to the Regis trar this mom ent... .... (first video ends secon d
General

video starts and the conv ersat ion in betwe en


is lost).
I appre hend that this phon e may not be
working so I am sendi ng it right now in
prese nce of all of you.

RegistraT Gene ral Thee k hai sir.

", .... ,.~y~:~.,<".

~.~I"""~

~~

.-"'-

. . . . . ANNEX Uf(~;: P:::r

l!P ag e

...
"'Y

\b'~.

.,,,,,,, ,,,,,..- - ." ...

witnessed by Lawyers
Account of Happenings on 17.2.2016 as
ala House Courts
representing Kanhaiya Kumar at PaH
a detailed order dt. 17.2.2016
The Hon'ble Supreme Court passed
to ensure and enable free and fair
ns
ctio
dire
ive
ens
ext
ing
giv
on)
eno
(for
Court in the said matter at 2:00 PM.
remand proceedings in the Patiala House
ed lawyers along with Prof.
ign
ers
und
the
PM
1:45
und
aro
At
Patiala House Court complex by the
Himanshu, ** were escorted into the
mises we witnessed a huge crowd of
police. As we were entering the court pre
sent inside the court. They were
pre
ady
alre
s
yer
-law
non
and
s
yer
law
uly and out of control. An aggressive
shouting slogans and were clearly unr
court and was indulging in
the
e
sid
out
d
ble
em
ass
ady
alre
also
crowd had
police contingent manning the gates of
ng
sh'o
ed
not
also
We
g.
utin
sho
gan
slo
rt building.
the court complex as also entry to the cou
lhi HighCourt inside the court
De
al,
ner
Ge
ar
istr
Reg
the
h
wit
t
me
We
urt 3! the' designated court of Sh.
building as we proceeded towards Co
4 where the police officials and the
Loveleen Kr. We were taken to Court
got out mobile phones surrendered.
and
y
ntit
ide
our
d
ifie
ver
ls
icia
Off
un
Co
we were led to Court Hall No.3 which
After due verification of our identities!
Himanshu was asked to stay back with
f
Pro
4.
no.
ll
Ha
urt
Co
te
osi
opp
t
righ
is
the 3 Court officials.
ll 4 we could hear the slogans
Ha
rt
cou
from
e!
tim
of
e
sag
pas
the
th
Wi
motion! right at the entry to the court
getting louder. We also heard l()ud com
the said court hall on multiple
from
ay
aw
t
fee
20
rely
me
d
ate
loc
building
banged.
occasions and the doors were as ifbeing
attention to the Registrar that
At this point, one of us brought it to the
e the court complex and the
s,id
out
ent
ting
con
ice
pol
e
larg
a
is
re
while the
court building was highly inadequate.
court building, the security inside the
lding indicated a strong possibility of
The commotion at the entry of court bui
ering th'e building itself which would
ent
and
don
cor
the
ng
aki
bre
wd
cro
the
the court to grave danger. It was also
have put the lives of all present inside
ice personnel at the door of the
pol
ed
arm
no
is
re
the
t
tha
us
by
out
pointed
Court room no. 4 or Court room no. 3.
of the court hall that a huge
dow
win
the
from
ice
not
we
r!
late
e
littl
A
the adjoining building having a direct
of
ace
tetr
the
on
ed
her
gat
'
had
wd
cro
hall. They were shouting'slogans and
view to the seating area inside the court
the attention of the R.e ./.. General
to
t
ugh
bro
also
s
wa
s
Thi
s.
flag
g
vin
wa
ything
a clear and lurki9 ./ .
a:pd the DCP present there as there was
I

Page 1 of 4

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that may be thrown through the window despite the iron grills, given the
sheer number of people present all around and shouting loudly.
Thereafter,we saw Kanhaiya being brought to CourtRoom 4 with lot of
policemen being present outside the court hall. Soon thereafter we notice an
average built man wearing dark glasses exiting Court Room No.4 where DCP
asks him to disclose his identity to which he we hear him saying, "you will
ask 1'ne my identity? Why should I tell you who I am" (tUtn
lnujhsemerallaampoochogey,inailcyubatautumhemailcaunhu), after which he
is allowed to leave the hallway. We could also hear loud noise coming from
the Court Room 3 at which point, one of us leave court hall room no. 4 anclgo
to Court room no. 3.
We were most surprised at the very fact that when we as lawyers in our
robes, were identified so strictly as per orders of this Court, how could a
stranger be permitted to enter the court hall, mu~h less, leave the court hall
after thrashing the accused in front of 3 court officials present there as well as
senior police personnel.
,

Kanhaiya was sitting shouting that he was badly beaten as he was


brought to the court and inside the court hall no. 3 as well. Kanhaiya was
absolutely shocked and visibly shaken after what had happened to him. He .
said that he was thoroughly roughed up on way to the Court, and was beaten
repeatedly and even inside the Court hall no. 3 the said unidentified man had
beaten him up in presence of all those who were present in Court room 1~0. 3.
He also told us that such was the intensity of the attack that the cluster of
Police personnel accompanying him from Vasant Kunj PS had also received
injuries in trying to protect Kanhaiya from the mob.
At this juncture, all of the remaining lawyers went from Court room no.
4 to Court room no. 3. It is notable that an authority as high as the Registrar
General of Delhi High Court along with high ranking police officials were
present in Court room no. 3 when this incident happened. Prof. Himanshu,
who witnessed this happening in Court room no. 3, also informed that the
un\.dentified person was not arrested despite him asking everyone including
the"Registrar General there to arrest him.
. When we saw Kanhiaya, he was not able to talk properly and we asked
. the police officials surrounding him to' allow some fresh air to come. He was
panting. He had some injury on his head, and foot, and he told us that~e was
punched in the chest and stomach and his hair were pulled. He was WIthout
his foot wear.
Page 2 of 4

\ \0

3 I P age

Realising that the violence inside and


outside the Court room has
happened despite the categorical orders
of this Hon'ble Court, and that the
volume and excitement of the mob out
side seemed to be on an increasing
tempo, and at which point we though
t it is necessary to bring all this to the
kind attention of the Bench hearing
the matter and requested for our cell
phones to be given back and made fran
tic calls to senior members of the bar.
Thereafter, the proceedings commence
d and Kanhaiya prayed to make
his statement regarding the violence
that has happened and the injuries
received on his person, on which the
ld. Magistrate asked him to give it in
writing. A copy of the said order is ann
exed herewith.
\
In the meanwhile, a team of senior law
yers appointed by the Supreme
Court arrived at the Court room no. 4.
They recorded statements on a mobile
phone and while they were present, the
sloganeering was unabated and one
could hear nasty things being shouted.

It is also notable that there was a drama


tic change in the approach of
the 3 CQurt officials as well as Police
Off

icials after the visit of the Court


Commissioners. The security was beefed
up in the hall way in which court no
3 and 4 are situated only after the Co
urt Commissioners arrived. Till before
the Court Commissioners arrived, the
senior most police official was 'cine Mr.
JatinNarwat DCP overseeing the entire
arrangements of security. It was only
after the Court Commissioners visited
that one Mr. Meena, ACP came and
inquired about things and our well being.
We also demanded a medical examin
ation of Kanhaiya, on which a
doctor was called inside the Court room.
Meanwhile, the environment of fear
and hostility continued outside fue
led .by tumultuous crowds shouting
slogans and creating turmoil.
The Court proceedings were over by
about 4 pm. When asked for our
safe exit, the concerned Police officials
said that they are waiting for enough
force". We were made to wait for abo
ut 3 hours in the Court room no. 3.
When it grew dark, and there was stil
l sloganeering happelling outside, we
realized that the situation may once
again go out of controt and at which
point we made calls to some of the Court
Commissioners and requested them
to see what can be done for our safe exi
t and reported the reply of Delhi Police
regarding not having enough force" to
allow our safe exit.
Thereafter, in a matter of 15 minutes
the Police suddenly sprung into
action and finally around 6:50-7 pm we
were dropped at Delhi High Court by
Delhi Police.
'
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Page30f4

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41Page

Thus, in all there was a great hostility and an environment of fear and
aggression, and the situation there throughout remained very tense and not
conducive for normal functioning of lawyers or courts, and against the
notions of free and fair access to justice.

.~~~~
Vrinda Grav

~~
Siddharth Sharma

QrW~'

Ba~kim K

~tt~el.qV\~.
Risltabh Sancheti ~

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Court ofIndia
In the Hon'ble Supreme
riminal) No(s). 2512016
In Re: Writ Petition(s) (C
ner)
N.D. Jayaprakash (Petitio
Versus
(Respondent)
Union ofIndia and Anr.
of Delhi
ral, Hon'blc High Court
ne
Ge
ar
str
gi
Re
of
rt
po
Re
,

,.

urt in Writ
ch) of this Hon'ble Co
lun
re(p
16
20
.2.
17
ted
1. Pursuant to order da
stice of High
ing the Hon'ble Chief Ju
m
or
inf
er
aft
d
an
16
/20
Petition(Crl.) No. 25
a
, New Delhi at about 1: I
lex
mp
Co
s
urt
Co
e
us
Ho
Patiala
Court of Delhi, I reached
tiala
strict & Sessions J~dge, Pa
Di
.
Ld
th,
Na
ar
Am
.
Sh
PM. I visited the Chamber of

.
House Courts, New Delhi.
la' House
& Sessions Judge, Patia
ict
str
Di
.
Ld
~
:h
Na
ar
Am
.
2. 1n the chamber of Sh
Delhi and Sh. Sanjay,i
w
Ne
P,
DC
al,
rw
Na
tin
with Sh . Ja
Courts, New Delhi I m et
& called by Ld. District},
lex
mp
co
the
in
t
en
es
pr
re
, who we
Bhatia, Add!. DCP (South)
g
I
r

.
.
& SeSSlons . ue g e
t!
s Hon' ble Court as r had no
thi
by
en
giv
s
on
cti
tru
ins
about the
3. I orally informed them
offIcials;
by that time. Both police
urt
Co
J
le
n'b
Ho
s
thi
of
received copy of the order
J
06
ly
on
a)
t
the effect tha
of this Hon'ble COUli to
ns
tio
ec
dir
the
of
d
ise
pr
were ap
e;s .~.
om; b) and 05 named pr
Ro
t
ur
Co
the
ide
ins
ed
allow
named' Advocates shall be
ing ,1
ct to their identification be
bje
(su
om
Ro
urt
Co
the
inside
reporters shall be allowed
be1
of the accused are only to
ers
mb
me
ily
fam
r
fou
c)
ed);
certified by the undersign
) ur in J
identification by the accused
ir
the
tta
ee
bj
(su
om
Ro
allowed inside the Court
Ii',
from JNU and one stu~lellt
er
mb
me
ty
ul
ac
ef
o~
,
~s
~n~mbe
the abs~nce of t:1e family
are only to be permItted;
d)
se
cu
ac
the
by
On
atI
Ir IdentIfic
from JNU, (subject to the
' .
..

:
.
m
o
o
R
inside the Court
'
17.02.2016 of this Hon'bl:,
ted
da
r
de
Or
the
'of
PY
CO
0 PM,
4. Meanwhile at about 1:4
to Sit!
ereof was supplied by me
th
py
co
A
ff
$t~
~t
co
by
me
Court was handed over to
~
atla, Addl. DCP (South).
Bh
ay
nJ
Sa
:
Sh
d
an
l
lh
~e
Jatll1 Narwal, DCP, New
was decided that as accLlsedl
it
n,
tio
ua
sit
r
de
l)r
nd
iu
evailing lav
5. Keeping in view the pr
No.4, so
Bh. Lov 1ceo, i Court Room
.
Ld
of
t
ur
Co
the
e
for
is to be produced be
N e!
dge, Patlaia House Court,
Ju
s
On
ssl
Se
&
cr
stn
D!
.
Ld
along with Sh. Amar Nath,

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j

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ge,
ely Sh. Bharat Prashar, Ld. Special Jud
Delhi and some other judicial officers nam
Ld.
House COUlis and Sh.Amitabh Rawat,
CBI, Sh. Sumit Dass, Lel. CMM, Patialrr
m No.3, i.e. in the court of Ld. ADJ,
Roo
rt
Cou
in
sit
ll
sha
rts
Cou
se
Hou
ACJ, Patiala
ADJ,
of Sh. Lovleen, MM. The room of Ld.
rt
Cou
the
to
e
osit
opp
t
jus
hi
Rat
.
S.S
Sh.
&
m) was made available by Ld. District
Sh. S.S. Rathi, (who had vacated the roo
rt.
pliance of the orders of this Hon'ble Cou
Sessions Judge in order to ensure com
d in
permitted persons before the undersigne
Police officers were directed to bring all
also the accused.
the vacant court no.3 for their identity and
, Sh.
Sh. Susheel Bajaj, Sh, Siddharth,Sharma
'6: At about 2 PM, 06 lawyers namely
restha and Ms. Vrinda Grover came
ulsh
KK
kim
Ban
Sh.
,
bhu
Pra
Sh.
ti,
che
Rishab San
of
r verifying their identity, I requested all
afte
and
3
No.
m
Roo
rt
Cou
ant
vac
de
insi
re
said room only with the court staff befo
them to leave their mobile phones in the
and
two junior lawyers accompanying,them
entering Court Room No.4. There were
e Court, they left the vacant Court
n'bl
Ho
this
of
ers
ord
the
ut
abo
d
rme
info
upon being
Room No.3.

was
JNU, who came with accused's lawyers,
or,
fess
Pro
te
ocia
Ass
hu,
ans
Him
Sh.
7. One
her
os(ddentity was checked by me. I furt
present in vacant Court Room No.3, wh
the
n'ble Caurt to the effect that if none of
informed him about the orders of this Ho
be
Kumar is available then only he will
family members of accused Kanhaiya
me that no family member of accused is
told
HI':
gs.
din
cee
pro
the
nd
atte
to
ted
permit
as to whether any student from JNU, who
in Delhi. It was also enquired from h'iin
n by
available or not, subject to identificatio
may intend to join the proceedings, was
a number of students are present
ugh
tho
that
ed
stat
hu
ans
Him
Sh.
er,
wev
accused. Ho
but none is able to enter inside.
rt,
be permitted to be allowed inside the cou
to
e
wer
who
,
lists
rna
jou
five
the
of
8. put
S;
I; Mr, Amiya Kumar Khushwaha, IAN
only four namely Sh. Abhishek An:shu,PT
Room
ohanty, Reuters arrived in vacant Court
Mr. Arvind Singh, ANI; Mr. SuchitraM
r
e allowed to go to Court Room No.4 alte
No.1 All the four journalists present wer
their identity was established.

9810019564 and
011 my mobile from mobile nO.
9. At about 2:34 pm, I received a SMS
.
/ ' .
ha from HT informing that H?n'blc
Sin
dra
Bha
Ms.
as
self
her
ced
odu
Intr
X' the seneler
Delhi Police is
to the court premises but
y
entr
the
ed
rict
rest
not
has
,",
rt
Cou
e
Suprem
.
tely brought it to the notice of DCr Sh.
edia
imm
I
e.
ther
lists
rna
jou
the
ing
rict
rest
the said reporter and after sometime he
of
ber
num
bile
mo
him
ed
vid
pro
and
Narwal
ir'>~i;';,\H:-:i~'~".1

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Page 2 of 6

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.
er
oth
an
ed
eiv
rec
I
.
try
1
for their en
thathe had taken the steps
intormed the undersigned
th Luthra (Ld. Sr.' i
ar
dh
id
.S
Sh
t
tha
t
ec
eff
Sinha to the
message from'Ms. Bhadra
t all are allowed.
Advocate) informed her tha
.1
lice officers including S h
po
12
to
10
by
,
pm
0
2:5
t
ed at abou
10. The accused was produc
I
vacant Court Room No.3,
the
ide
ins
ht
ug
bro
s
wa
d
lhian
Jatin Narwal DCP, New De
ons
Nath, Ld. District & Sessi
ar
Am
.
Sh
th
wi
ng
alo
g
tin
s sit
where the undersigned wa
. Bharat II(
Judicial officers namely Sh
me
so
d
an
lhi
De
w
Ne
s,
Judge, Patiala House Court
tiala House Courts \
Pa
,
M
CM
.
Ld
ss,
Da
t
mi
e, CBI, Sh. Su
Prashar, Ld. Special Judg
1
s.
urt
Co
e
us
Ho
la
.{
. ACJ, Patia
and Sh. Amitabh Rawat, Ld
urt
Co
e
'bl
on
,I
.H
s
r of thi
de
or
the
of
him
sed
pri
ap
accused and
11. I identified myselfto the
1
mbers who may want to
me
ily
fam
I
his
to
as
sed
m the accu
& began by enquiring fro
~
er
family memb
undersigned that he had no
the
ed
orm
inf
he
t
bu
gs
attend the proceedin
ough staff of the judicial
thr
sed
cu
ac
the
for
ter
ing wa
in Delhi. I arranged drink
of
accused that as per order
the
d
tol
I
.3.
No
om
Ro
urt
Co
officers present with me in
C ou rt :)
dent could be allowed into
stu
e
on
d
an
er
ch
tea
e
on
the Han 'bIe Supreme Court
manshu to be his I'
Hi
.
Sh
d
fie
nti
ide
o
als
he
mbers and
' :
in the absence of family me

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i

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'/

teacher.

a
n in plain clothes sitting in
rso
pe
e
on
ed
tic
no
I
d
an
on
was commoti
~2;;JAt that time there
icers
diately asked the police off
me
im
I
.
ow
nd
wi
the
ar
ne
corner of Court Room N oJ
Room.
is present inside the Court
he
w
ho
d
~n
is
n
rso
pe
d
present as to who that sai
ed & he said that he was
ult
sa
as
s
wa
he
if
him
ed
lled I ask
Since accused was disheve
the police officers including
d
tol
I
.
urt
co
the
to
ht
ug
ing bro
assaulted while he was be
rson ill
hend and arrest the said pe
pre
ap
to
t
sen
pre
lhi
De
w
Sh . .Tatin Narwal, DCP, Ne
the person
ehending that he might be
pr
ap
m
roo
the
in
t
en
es
pr
plain clothes who was
cused Ms,
ile, Ld. Counsels for the ac
wh
an
me
the
In
.
sed
cu
ac
who had assaulted the
of the accused came inside
tes
ca
vo
Ad
er
oth
d
an
jaj
Ba
sheel
Vrincla Grover and Sh. Su
a
being inquired by Ms. Vrind
On
.4.
No
om
Ro
urt
Co
from
vacant Court Room No.3
to his
d and that there was threat
lte
sau
.as
en
be
s
ha
he
t
tha
r
Grover, the accused told he

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life.

New :.1
m Sh. Jatin Narwal, DCP,
fro
d
ire
qu
en
te,
ca
vo
Ad
er,
Grov
.
13. Thereafter, Ms. Vrinda
thes and why he had not
clo
in
pla
in
.3
No
om
Ro
t in Court
Delhi as to who was presen
if; l
Narwal, DCP, New Delhi
in
lat
.
Sh
m
fro
d
I
ire
qu
en
I also
been arrested. At that time,
j
d
ha
he
ed me that
,j
However, the DCP inform
d:
de
en
eh
pr
ap
en
be
d
ha
the said person
n he seemed to have left.
(he
by
r,
ve
we
ho
n
rso
pe
d
sai
gone outside to look for the
Page30f6 'J,
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mobile
ocate requested that she be provided her
14. At that time Ms. Vrinda Grover, Adv
in Hon'ble Supreme Court of India.
ues
eag
coll
her
rm
info
to
nds
inte
she
phone as
calls
e available to her and she made some
mad
was
ne
pho
bile
mo
her
ly,
ing
ord
Acc
ent with the staff of the court. Ms. Vrinda
rum
inst
bile
mo
her
d
site
epo
re-d
in
aga
and
got
of the accused be recorded and MLC be'
Grover thereaHer stated that statement
dent.
a paper and pen to write the entire inci
prepared and he be also provided with
so
was made available blank paper and pen
Accordingly, accused Kanhaiya Kumar
state. In the meantime, t~ey stated that
to
has
he
er
atev
wh
ting
wri
in
put
may
that he
, Ld.
judicial proceedings before Sh.: Lovleen
in
d
rde
reco
t
den
inci
re
enti
get
will
they
ence
to Court Room No.4 with all the Def
MM. Thereafter, accused was taken
anshu &.judicial proceedings commenced
Counsels and Associate Professor Sh. Him
e.
around 3 PM and continued for some tim
icers kept sitting in vacant Court
Off
l
icia
Jud
er
oth
h
wit
g
alon
I
e
tim
15. During that
t
door of the Court Room No.4 was kep
the
ons
reas
y
urit
sec
for
and
.3
No
Room
rmed the undersigned that there was one
closed. At that time, judicial officers info
Court Room No.3 who had left.
more unidentified person present in vacant
officers
of the proceedipgs, I along with other
16. At about 3:30 PM, after conclusion
has remanded the accused to judicial
MM
Ld.
of
rt
Cou
the
t
tha
d
rme
info
present was
accused and his counsels, the concerned
of
t
ues
req
the
at
and
6
201
03.
02.
till
y
custod
in the
ation of the accused to be conducted
court had directed the medical examin
I
side
it was 110t feasible to take the accused out
court itself as owing to the large crowd,
cers
for medical examination. The police offi
to the Patiala I-louse Court dispensary
doctor from RML hospital since the
e
som
nge
arra
will
they
that
ed
stat
present
closed.
dispensary in Patiala I-louse Courts was
e,
namely Sh. Kapil Sibal, Sh. Dushyant Dav
tes
oca
adv
ior
sen
of
team
a
tly,
uen
seq
17. Sub
,
Sh. Harin Rawal with Sh. A.D.N. Rao
Sh. Rajeev Dhawan, Sh. Ajit Sinha and
went
of India came in a security cordon and
Advocate from Hon'ble Supreme Court
Lovleen i.e. Court Room No.4.
straightaway to the court of Ld. MM Sh.
of the
ived a call from mobile no. 97i 7394800
18. Shortly before their arrival, I had rece
ne
e High Court of Delhi on my mobile pho
Registrar Sh. Manish Aggarwal, Hon'bl
reme Court
~e~n deputed by the Hon'ble Sup
that a Committee of senior Lawyers has
und situation.
of India to visit, assess and report the gro
of Sh. Lovleen, Ld. MM (Court Room
m
Roo
rt
Cou
ed
cern
con
the
ting
visi
19. After
the
e to the vac.ant Court Rooni No.3 where
cam
tes
oca
Adv
ior
Sen
of
team
the
4),
No.
I

Page 4.of 6

/~

er
& Sessions Judge & oth
ict
str
Di
.
Ld
th,
Na
ar
Sh. Am
undersigned along with
ed
us as to what had transpir
m
fro
d
ire
qu
en
y
the
d
an
ent
Judicial Officers were pres
mobile
val, Sh. Advocate on his
Ra
rin
Ha
Sh
by
d
he
ap
and the same \vas videogr
ed in our
sed had not been assault
cu
ac
the
t
tha
m
the
d
tol
phone. On their query I
presence.

e doctor 6r."Sanjay from


on
,
lex
mp
co
the
t
lef
tes
senior advoca
20. After the said team of
ting medical examination
uc
nd
co
for
rs
ice
off
e
lic
t by the po
RML Hospital was brough
r.
of accused Kanhaiya Kuma
. Lovleen, Ld. MM, was
Sh
by
ted
ec
dir
as
,
sed
n of accu
21. The medical examinatio
ber.
d already retired to his cham
ha
M
M
.
Ld
the
as
.4
No
om
conducted in the Court Ro
ck to
Defence Counsels came ba
.
Ld
the
n
tio
ina
am
ex
al
During the course of medic
outside the
ficers were asked to remain
of
e
lic
po
the
all
d
an
.3
vacant Court Room No
Sh.
Ms. Vrinda Grover and
sel
un
Co
ce
fen
De
.
Ld
later,
Court Room. Sometime
doctor
ting the proceedings the
uc
nd
co
ter
Af
.4.
No
om
Ro
Himanshu came to Court
X- ray
g of pain in chest and so
nin
lai
mp
co
is
r
ma
Ku
a
aiy
stated that as accused Kanh
ble only at the hospital.
ssi
po
is
ich
wh
ted
uc
nd
co
needs to be
me to Room No.3 and
ca
er
ov
Gr
a
ind
Vr
s.
M
sel
Defence Coun
22. It was at this stage, Lel.
is
lete history of assault as
mp
co
the
ing
ord
rec
t
no
r is
informed me that the docto
aiya Kumar.
being told by accused Kanh
accused
whatever is being stated by
ord
rec
to
ay
l~
Sa
.
Dr
ted
es
23. The undersigned sugg
to Patiala House Courts
me
co
s
ha
he
as
t
tha
ted
doctor sta
Kanhaiya Kumar but the
ry
he had recorded necessa
d
an
n
tio
ina
am
ex
al
dic
t me
Complex for carrying ou
should
be recorded then accused
to
is
lt
au
ass
of
y
tor
his
r
the
information and if any fur
. At this,
ere MLC will be prepared
wh
l'
ita
sp
ho
the
at
n
tio
ina
be taken for medical exam
d facts to the
will rather mention the sai
e
sh
t
tha
ted
sta
er
ov
Gr
a
Lel. Counsel Ms. Vrind
otion, Ld. MM came in
mm
co
ng
ari
he
On
.
M
M
.
vleen, Ld
concerned cOUli of Sh. Lo
back to vacant Court Room
me
ca
d
an
M
M
.
Ld
the
of
No.4
the Dais and we left Court
No.3.

. Jatin
10PM, at which point Sh
5:
t
ou
ab
by
er
ov
re
we
gs
24. The aforesaid proceedin
t now they
ers present informed us tha
fic
of
e
lic
po
er
oth
d
an
lhi
Narwai, DCP, New De
conducted. At
y they will get his X-ray
wa
the
on
d
an
l
Jai
r
ha
Ti
will take accused to
r stated that they be also
ma
Ku
a
aiy
nli
Ka
sed
cu
ac
unsels for
that stage, Le!. Defence Co
lest
Assistant Professor, JNU
,
hu
ns
ma
Hi
.
Sh
th
wi
ng
y alo
provided necessary securit
.
DCP, New Delhi and Sh
al,
rw
Na
in
Jat
.
Sh
ly,
ng
cordi
they may be hanned. Ac

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Page50f6

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f
I

e
sioner of Police were directed to mak
mis
Com
t
Join
,
ena
Me
ar
Kum
h
kes
Mu
ort.
necessary arrangements for their safe esc
m in my presen
, ce and
a Kumar was taken outside the Comi Roo
25. The accused Kanhaiy
.
de the building at a distance of about
insi
ery
gall
ered
cov
the
of
tion
por
rear
kept in the
4 and the police officers present there
No.
m
Roo
rt
Cou
the
of
r.
doo
the
15' from
Court
how to ensure his safe escort from the
g
nin
rmi
dete
e
wer
they
that
me
d
rme
info
at
out from the Patiala House Court Complex
Complex. Thereafter, accused was taken
Sh.
minutes the Ld. Defence Counsels and
about 7 pm and then within about 10
th el
of the court premises as informed by
,i
Himanshu were also escolied safely out

police officers.

j
trict & Session Judge, Patiala House
Dis
Ld.
the
to
MM
Ld.
by
ted
mit
sub
26. The report
16
g with copy of order sheet dated 17.02.20
alon
16
2.20
17.0
'1
d
date
hi
Del
i
Nev
rts,
Cou
!
.
t
r
Han 'ble C o u
are also enclosed for kind perusal of this

r?
:~

Subi11itt~d

please,

Dated: 17.02.2016

Vinod Goel ,i
Registrar General;1
High Court of Delhi J

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Page 6 of 6

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Dated: 17-02-2016

The Learned District & Sessions Judge,


r~ew Delhi District,
Patiala House Courts,
New Delhi.

Sub. Report regarding the proceedings dated 17-02-2016 in FIR No.


Jl0116 PS Vasant Kunj North u/s 124A/120-B/34 IPC (JNU case).

Respected Sir,

It is humbly submitted that the above said matter was taken up at


amund 3.00 p.m., after having been produced the accused Kanhaiya Kumar in
the court of undersigned. The accused Kanhaiya Kumar was represented by all
six counsel whose names were mentioned in the order passed by Hon'ble

Supreme Court of India today itself. Authorized media persons were also
present there. The investigating agency sought judicial custody of the accused
I<anhaiya Kumar for 14 days, After hearing both toe sides,the accused

'"

Kanhaiya Kumar was remanded to judicial custody till 02-03-2016.


The accused Kanhaiya Kumar stated .in the court that he was assaulted
while being produced in the court of the undersigned, Accordingly, at his o'wn
I"equest, a hand statement of Kanhaiya Kumar was taken on record, A copy of
the same was supplied to the DCP, New Delhi District for information, Ld,
Counsel for the accused I"equested that the accused Kanhaiya Kumar be got
IT1edicaily examined. Prayer was allowed and necessary directions were given.
5illce thel"e were apprehensions about the safety of the accused Kanhaiya
Kumar, directions were made to DCP, New Delhi District to ensure that the
v
accused be safely transferred to judlcial custody. Proceedings were concluded,
Report is submitted please. A copy of order. sheet dated 17-02-2016 is
also annexed herewith for your kind perusal.
Thanking you.

I .

Yqurs faJ,thfully,

Irf.....
/ "'--,//V~,~

v (LOVLEEN)
MM-02/PHC, NOD
17 -02-2016

, :J

FIR No. 110/16


PS Vasant Kunj North
u/s 124A/120-B/34 IPC
17-02-2016
This is an application moved by Inspector Prabh~ Dayal

seeking 14 days JC remand of the accused Kanhaiya Kumar.


Present:

Sh. Vikas Goswami, Ld. Substitute APP for State.


10/ Inspector Prabhu Dayal in person.
Accused Kanhaiya Kumar produced from police custody
and represented by Mr. Sushll Baja], Adv., Mr. Siddharth
Sharma, Adv., Mr. Rishabh Sancheti, Adv" Mr. Prabhu,.
Adv., Mr. Bankim, Adv. 'and Ms. Vrinda Grover, Adv ..
Sil. Jatin Narwal, DCP, New Delhi District is also present.
A reply has been filed by 10 to'the application moved. on

behalf of accused u/s 91 Cr.P.C; At request bf Ld. Counsel for


accused, the said application shall be taken up for disposal on the
next

da~e

of hearing.
In view of the averments made in the

present

application, the accused Kanhalya Kumar is remanded to judicial


custody till 02-03-2016,
At this stage, an application has been moved by accused
Kanhaiya Kum'ar seeking protection of his

li~e

and limb.'

Keeping in view the hostile conditions prevalent outside


the court room (as is evident from the sloganeering available inside
the court room and as also submitted by Ld. Counsel Ms. Vrinda
Grover, Adv.) and the statement given in writing by the accused
today in the court (regarding an alleged assault committed against
him just before this hearing), it is directed that DCP concerned shall
personally ensure the safety of the accused' Kanhaiya Kumar till his
transportation

to

the jail

premises. The Jail

concerned shall also take necessary steps in order

Superintendent

to prevent any

harm to the life or person of the accused Kanhaiya Kumar.


Compliance report be filed by DCP concerned as well as Jail
Superintendent concerned before this court on 18-02-2016. Since
contd ..... ".2.

\\~

FIR No. 110/16


PS Vasant Kunj North
u/s 124A/120-B/34 IPe
17 -02-2016

2
the accused Kanhaiya I(umar has alleged that he was assaulted
outside the court room, it is directed that accused Kanhaiya Kumar
be medically examined before being taken to Tihar Jail. In view of
the apprehension of the injury to the person of the accused
Kanhaiya Kumar, it is directed that accused be medically examined
in .the court room itself.
Application stands disposed of.
Ld, Counsel for accused Ms. Vrinda Grover now submits
that DCP Jatin Narwal may not be entrusted with the task of transfer
of accused to jail premises as he has failed to ensure the safety of
accused before being produced in this court despite the categorical
directions of the Hon'ble Apex Court. I have considered the said
submissions. No other Senior Police Official is available in the court
room right now. Accordingly, it is directed that OCP Jatin Narwal shall
take all appropriate steps in order to comply w'ith the above
directions IIlade by this

COUI't.

Copy dasti to Ld. Counsel for accused as also OCP Jatin


Narwal, A copy of the statement made in writing by the accused
Kanhaiya Kumar today be also supplied to the OCP Jatin Narwal for
information,
Copy of this order be also annexed with' the custody
warrants for compliance by Jail Superintendent 'concerned.

(LOVLEEN)
MM-02/PHC, New Delhi
17-02-2016

~\

AtNNEXURbr-

Pc;

Incident Report dated 1,7.02.2016,

We reached Patiala House court around 3:10PM and entered Court no 4. We


wel"e informed that Kanhaiya Kumar was abused, heckled, manhandled while
he was brought to the Court by the Lawyers. In any case we also witnessed
slogan shouting and abusive languages being used about 10 meters away
I

from the Court room,


Inside Court NO.4 the accused, their lawyers, some faculty members, Police
Personnel and Court staffs were' present. In Court NO.5 which is adjacent to
Court No.4, the Ld. Registrar General of the High Court and other members
from the Delhi High Court Registry were present.

I was also informed by the Ld. Registrar General that 1 or 2 persons also
entered unauthorisedly in Court NO.5 and upon being questioned they fled
away in the melee. However both the Ld. Registrar General and the Police
personnel denied that the two unauthorized person entered court noA and or
manhandled the accused.
The team of visiting lawyers who went on the directions of the Hon'ble
Supreme Court while returning also received verba! abuses and some Illud
and pieces of broken pot were also hurled from a distance.
The accused along with their lawyers and some faculty members were waiting
in Court noA for medical examination as the doctor was called. The visiting
team left around 4:00pm

"~/
(Ajit Ku~Sinha)
Sr. Advocate

Date,: 19.02.2016
New Delhi

fA 1'1"-1 fJ<iUl<fr PI D
\ ~

INCIDENT REPORT DATED 17/02/016


Vide FIR No. 1l0/16, u/s 124A/120B/34 IPC, dated 11.02.2016, PS
Vasant Kunj North, South District, Delhi, the accused Kanhaiya Kumar,

4
.,

'~
'~

"

President of JNU Student Union was to be produced' on 17.02.2016 at


Patiala House

Court NO.4 of Sh. Loveleen Singh, Ld MM, Patiala House

'1'

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Courts after 2 days of PC remand. In view of the incident that occurred on

.(

15.02.2016 in Patiala House Courts complex wherein few groups of lawyers


had

suddenly

indulged

in

incidents

of

violence,

elaborate

police

arrangements were made in and around the Court complex. A total of 04


cays (275 approx. including male & female stafD of CRPF under 03 Assistant
Commandant and 03 Inspectors, 01 cays (70 approx. male stafD of ITBP
under 01 Assistant Commandant and 01 Inspector, 03 coys & 02PL (Total
265 approx.) of CP reserve, Delhi Police were deployed. In addition to this 15
Inspector and 06 ACsP and approximately 150 police personnel from New
Delhi District were deployed under the overall supervision of the DCP New

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Delhi District. Besides, 02 ACsP, 04 Inspectors and approx. 90 ot,her police


personnel under the supervision of Add!.

DCP South District were

prepositioned to augment the existing arrangements made by New Delhi


District at the Patiala House Court.
2.

On 17.02.2016 in morning, it was planned to produce the accused

Kanhaiya at about 5:00 PM before the Ld, MM at PaHala House due to the
prevailing law and order situation at the Court premises as well as for the
personal safety of the accused. However, in the meantime, the order of
Hon'ble Supreme Court of India was conveyed through the Ld. District
Judge, Patiala House Court to produce Kanhaiya in the Court of Ld. MM at
2:00 PM. Immediately, a posse of police personnel comprising of 40 police
personnel including an ACP and 15 plain clothes policemen escorted him
from PS Vasant Kunj North to Patiala House Court in a carcade consisting of
six vehicles to ensure the safety and personal security of the accused not
only on the way to the Court but also while being produced in the Court.
The plain cloth deployment was done so that they could act and react nonsuspectingly and effectively while merging with the general background of
~he

crowd. Some of the components of police personnel accompanying the

(MuD~N~1gen8\
Joint Commissioner of Pol:
New Delhi Range, Deiili.

d of
and the shi eld s tod eal with any kin
s
tor
tec
pro
y
bod
ried
car
also
d
acc use
eventuality,

to
orted, in'formation wa s received
esc
ng
bei
s
wa
d
use
acc
the
ile
Wh
3,
e being
e arr ang em ent s in the Co urt wer
hal t the car cad e for a while as som
as per the
of Ho nbl e High Co urt of Delhi
ma de by the Registrar General
ted at C~
Co urt of India. The can~ade hal
e
rem
Sup
'ble
n
Ho
of
ns
ctio
. dire
d after a
orting par ty alongwith the acc use
Hexagon for few min ute s. The esc
urt and
the Co urt moved tow ard s the Co
while on getting a go ahe ad from
es, the
n in and aro und the Co urt pre mis
atio
situ
er
ord
and
law
the
g
sin
sen
inn er ring
in plain clothes formed a close
police per son nel esc ort ing him
uni for me d
by an out er rin g con sist ing of
which was fur the r aug me nte d
and sec uri ty of the ac cus ed.
police per son nel to ens ure safety
officers
r was bro ugh t by a tea m of Police
ma
Ku
iya
nha
Ka
d
use
acc
The
4.
s
nce of New Delhi District police wa
ista
ass
the
h
wit
and
t
tric
Dis
th
from Sou
route, A
x thr oug h the sho rte st possible
esc ort ed ins ide the Co urt Comple
plex in.:",.
ady ass em ble d ins ide the CQurt com
group of lawyers which had alre
t
ass aul t the acc use d from differ~n
to
d
trie
and
ed
erg
em
ups
gro
h
var iou s suc
~~~~~
~
~
~pol
-&-~
deployed on the rou te
n
~me
~
ice
the
m
tea
nd
si~ The ring rou
d
gave body pro tec tion and thw arte
and
es
sid
all
from
him
d
nde
sur rou
owed but
I
the acc use d. Lot of com mo tion foll
rep eat ed atte mp ts to ma nha ndl e
some
urt Room by the policemen des pite
he wa s esc ort ed safely to the Co
cke d
iya Kumar alleged tha t he wa s atta
hic cup s. Later, the acc use d Kanha
and
bas hed him up, tore his clo the s
and
ns
goo
of
up
gro
a
and
s
yer
by law
hai r. This
pers and jac ket , and plu cke d his
abu sed him and dam age d his slip
ten up
ice. The policemen were also bea
hap pen ed in the pre sen ce of pol
g as
mit ted a wri tten app lica tion allegin
sub
d
use
acc
The
.
iod
per
this
dur ing
min ed ~n
t~e acc use d wa s me dic ally exa
abo ;.A fte r the Co urt proceedings,
C was
tor of RML Hospital and the ML
doc
the
by
lf
itse
m
Roo
urt
Co
the
n
reflects exa min atio n c/o che st pai
C
ML
The
lf.
itse
rt
cou
the
in
pre par ed
orie nte d
, pul se 92/ min ute , CNS-conscious
and cough ind ica ting BP 110 /70
tender.
vas icu lar bre ath , P / A - soft non
l
ma
nor
ir,
cha
on
ly
tab
for
com
sitt ing
at left
der nes s at rig ht toe, two abr asi ons
The local exa min atio n ind ica tes ten
ht have occ urr ed while brin gin g him
mig
ich
wh
e
nos
at
on
asi
abr
one
foot and
abr asi ons
clearly shows tha t he had min or
and out sid e the cou rt. The MLC
~

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_ found tha t one of the lawyers of


~so
was
It
e.
nos
the
on
and
toe
'n foot and
dic tate and influence the doctor.
t~ccused wa s tryi ng to

orting
tective ring, sur rou ndi ng and esc
tha t policemen have thr ow n a pro
tion;' he
It is also a fact tha t in the commo
.
MM
Ld
of
er
mb
cha
the
to
him
nce
of his foot leading to his imb ala
out
ped
slip
s
per
slip
his
and
tripped
abr asi ons on his foot. .
which might hav e res ulte d in the
bro ugh t to the Co urt No .4 from the
While Ka nha iya Ku ma r was being
s and in
Police Team (both in pla in- clo the
alighting poi nt esc ort ed by the
ion
adv ant age of the prevailing confus
ing
tak
ple
peo
er
.oth
e
som
),
uniform
DCP New
escort par ty to cou rt No .4. The
and commotion merged with the
4 and
ody from ent erin g the cou rt No.
Delhi District pre ven ted everyb
per the
cou rt no. 4 have to be identified as
the
g
erin
ent
ple
peo
t
tha
d
cte
dire
esc ort
n Kanhaiya Ku ma r alo ng with the
Hon)ble Sup rem e Co urt order. The
General.
ntification by Hon'ble Registrar
par ty ent ere d Co urt No .5 for ide
to Co urt
iya Kumar ran from cou rt No. 4
Immediately the lawyers of Kanha
nta ry
s full of people res ulti ng in mo me
wa
m
roo
rt
cou
ole
wh
the
and
No .5
well as
al, cou rt officials and lawyers as
confusion. ~hy Registrar Gener
Kanhaiya
enq uir ing abo ut the well being of
e
wer
JNU
of
er
mb
me
ulty
fac
the
son nel
tified people inc lud ing police per
den
uni
se
tho
all
,
hile
anw
Me
r.
Kuma
ord er in
move out to de- con ges t and bring
in plain clothes were directed to
could ens ure
w~ Reg istr ar Ge ner al
the cou rt room No. 5 so tha t
rt room
re per mit ted to ent er the trial cou
we
o
wh
ple
peo
the
of
ion
cat
tifi
cer
Room
personally stood at door of Co urt
t
tric
Dis
hi
Del
New
P
DC
The
No .4.
m. The
per son ent ere d the trial cou rt roo
No .4 to ens ure tha t no uncertified
tha t
.4 and 5 was got de-congested so
No
m
roo
rt
cou
en
we
bet
lery
gal
small
public,
a jou rna list , lawyer, me mb er of the
no uncertified per son (may he be
cials and
rt No .4 and so tha t Ld. Co urt offi
or even a policeman) ent ere d cou
In the
rt No. 4 wit hou t any problem.
Kanhaiya Ku ma r can ent er cou
had see n
Hon'ble Registrar General tha t he
meantime, Ka nha iya Kumar tolq
he
ent erin g the sam e cha mb er where
him
d
cke
atta
had
o
wh
s
son
per
some
Kumar
neral and the lawyers of Kanhaiya
was pre sen t. Hon'ble Reg istr ar Ge
the
cials pre sen t ins ide cou rt No .5 and
offi
ice
pol
the
and
ice
pol
the
alerted
om the
ing for the two per son s abo ut wh
gallery immediately sta rte d sea rch

6.

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fellows but
sea rch was lau nch ed to nab the se
per
pro
A
.
rted
ale
s
wa
e
liC
, rO
rt
~/

by the n,

the y had

dis app ear ed

into

the

mob

out sid e

the

cou

g and
Kanhaiya Kumar sta rte d sho utin
off ice /ch am ber . The lawyers of
n
hi District tha t the y
cials including the DCP New Del
V bla min g the police offi
escape.
rs and had helped the atta cke rs
were han d in glove with the atta cke
No .5
ice officials had got Co urt Room
pol
the
as
t
rec
cor
'
not
is
this
r,
.
Howeve
gested and ens ure d
con
dems
roo
rt
cou
and the gallery between bot h the
the
any uncertified per son . As soon as
from
free
s
\-va
.4
No
m
roo
rt
cou
t
tha
nhaiya
s who had allegedly atta cke d Ka
police got to know tha t two per son
sea rch
e to cou rt No .5, police lau nch ed
Kumar were the one s who had com
ndl ing ,
ed by the n. There wa s no ma nha
ear
app
dis
had
y
the
but
m
t~e
for
cou rt
nt with Kanhaiya Ku ma r within the
beating or any kin d of suc h inc ide
ugh t to
m on 17. 02. 201 6 after he wa s bro
building and inside the cou rt roo
to Tihar Jai l.
the cou rt and unt il safely esc ort ed
n
the group of lawyers, 10 policeme
During thi s atte mp ted ass aul t by
7.
l

have also been inju red .


it wa s
s of the Hon'ble Sup rem e Court,
ion
ect
dir
the
to
nt
sua
Pur
8.
wed in the
yers and me dia per son s were allo
ens ure d tha t only aut hor ize d law
pho nes .
trial cou rt room wit hou t the mobile
few projectiles were also hur led
Sub seq uen t to the ens uin g melee,
e on the
the visiting lawyers who had com
tow ard s different gro ups and on
h liberal
e Court. This wa s coupled wit
rem
Sup
le
n'b
Ho
the
of
n
ctio
dire
dosage of abusive language.

9.

mar was
were over, acc use d Ka nha iya Ku
gs
din
cee
pro
rt
cou
the
er
Aft
10.
's ord er
in compliance of the Hon'ble Co urt
safely esc ort ed to the Tihar Jai l
ing all
cell by the Jai l aut hor itie s afte r tak
te
ara
sep
a
ed
vid
pro
n
bee
has
and
tion s.
sec uri ty par am ete rs into con sid era
Stu den t's
her e tha t on 15. 02. 201 6, JNU
n
ntio
me
to
ent
tin
per
is
It
11.
duc ed in the Hon'ble
pro
be
to
s
wa
r
ma
Union Pre sid ent Mr. Kanhaiya! Ku
Delhi.
No .4, PaHala House Co urt s, New
urt
Co
gh,
Sin
n
elee
Lov
Sh.
of
urt
. Co
few JNU
yers objected to the pre sen ce of
Around 1400 hrs , a gro up of law
ween the
room. Arg um ent took place bet
lady tea che rs ins ide the Co urt
police immediately intervened and
The
rs.
che
tea
y
lad
the
and
. lawyers
4

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,
I:

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,

!j .

i
1!

\d;6
out of
separated the two groups and the lady teachers were safely" escqrted
le
the Court room and the Court premises. Immediately, thereafter multip
raising
groups of lawyers at different places on the .Cotlrt premises starte d
videoslogans, scuffled with some persons who were taking
them
graph s/pho tograp hs (including the media persons) and pushed
media
around. Many of those who were targeted by the lawyers were
Court
persons, who were also present in large number not just inside the
tion of
premises but also outside gate No.2. The police prevented escala
by
violence between lawyers and other groups by separating them and
started
closing the main gate. Subsequently, the .lawyers assembled and
their
sloganeering claiming that they will handle Mr. Kanhaiya:;I(umar in
outside
own way and wouldn't tolerate any anti-India slogans. Further even
into a
the Court gate No.2, two groups who were raising counter slogans got
hostile
brawl amongst themselves. In this background of prevailing
ct
environment the SHO PS Vasant Kunj North requested the Hon'ble Distri
r.
Judge to shift the venue of the appearance of accused Kanhiaya Kuma
d to
Considering the application moved, Hon'ble District Judge was please
office
shift the venue and court proceedings were held on 15/2/ 16 at DCP
lead to
complex, Huaz Khas. It was also observed that shifting of venue did
annoyance of certain sections.
Considering the surcharged atmosphere in the last few days and the
by,
unpredictable behaviou'r ol'th'e lawyers) a series 01 meetings were held
it was
police with the repre senta tivesq .ftne local Bar A~~ociation and
iness
assured by the Bar that they VJi1l,h~JR.th,y'".P9U~~jn,D;laintaining.' orderl..
&
in the court. Past experiences as those witnessed in Delhi in early 1980's
has
Jaipur, Chennai, Allahabad etc. have clearly shown that the police
either.
always beer. at the receiving eI.ld and has b~en castigated for
12.

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.,

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g
er:cessive use of force or for not exercising enough restra int in the tacklin
the
lav.ryers in the court prerp~9~s. It has also been, seen,' that mostly
:lnn~cent lavvyers face the flip,side of any action and the unruly ones manage
ses
o go scot free. Hence the police personnel deployed in the court premi
tive
were asked to_exerG,is,~.-",J',~~train till the situation warranted retribu
and
action. That lawyers who are supposed to act as pillars of democracy
al
defend huma n rights could resort to reprehensible activity like physic

\~~

J
i /

ault,
.~:~
/'
/'

blocking of the gates, target ing the media persap s, chasin g the

stude nts etc. could not be visual ised in norma l cognition.

tear
The prescr ibed measu res of crowd disper sal which 'inclu de use of
crowd the
. gas, water canno n and lathi charge in open space which . gives
the scene
option to disper se and retrea t, could not have been resort ed to at
ises of
of action of 17.02 .2016 i.e. Patial a House Court complex which compr
13.

of vehicles
variou s struct ural buildi ngs, vehicle parkin g space which is full
make it
on worki ng days and other struct ures like lawyers chamb ers which
gas would
a very conge sted area. Therefore, any use of lathi charg e or tear
increa sed
have made the crowd to retrea t to closed space s and would have
functi oning
the probab ility of a stamp ede endan gering huma n lives. Furth er
I
of tear gas
of the entire court premi ses would have been jeopardised becau se
taken to go
sneak ing into the court rooms. Hence -a consc ious decisi on was
disper sal
in for minim um collate ral damag e as any such prescr ibed crowd
ting the
measu res would have led to unnec essary confro ntatio n impac
innoc ent
judici al officers, innoc ent laV1.ryers, litigants, journa lists and other
by stande rs.

it
After the Hon'ble High Court was seized of the matte r suo-m otto,
l in the
was also presu med that sembl ance of self discipline would prevai
it was not
lawyers comm unity cuttin g across the lines, but unfor tunate ly
14.

perceived so on the groun d.

the
The Patial a House Court s is a huge complex with 08 gates. All
ses are
person s (except the ones in lawyers' attire) enteri ng the Court premi
15.

cted with
frisked and check ed but black coat entry by anyon e not conne
house s 36
profession, canno t be ruled out. Also the complex appro ximat ely
witho ut
numb ers of courts , where in lots of litigan ts enter the premi ses
showing any identity.

16.

Two

LEGAL ACTION BY POLICE: -

separa te

__.. _._ ................ ,.. -.'_.".",.1'._"......1

~"~""""~""""

FIRs

were

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.............. ,.,'

FIR No.
registe red suo-m ota after the ensuin g brawls on 15.02 .2016 vide
70/16 , u/s
69/16 , u/s 147/1 49/42 7/323 IPC, PS- Tilak Marg & FIR No.
6

have been
147/1 49/32 3/341 IPC, PS- Tilak Marg. Furth er two cases
IPC, PSregistered on the incide nts of 17.02. 2016. FIR No. 75/16 , u/ s 394
Verma rio
Tilak Marg has been registered on the compl aint of one Rajeev
/341/
Sonep at, Harya na and FIR No. 76/16 , u/s 147/1 49/42 7/323
oto. On
186/3 32/35 3 IPC, PS- Tilak Marg has been regist ered suo-m
er, on
15.02 .2016 , 06 MLCs were prepa red of public men. Howev
of injure d
17.02 .2016 , 02 MLCs were prepa red of public while 10 MLCs
policemen were prepar ed. The cases are under investigation.
Subm itted please.
~

61\\ ~"-r\

\g-'2-~20\ 6
(MUKESH KUMAR MEENA) IPS

JOINT COMMISSIONER OF POLICE


NEW DEL~I RANGE, NEW 'DELHI
(Mukesh

Kumar Meena)

Joint Commissioner of Police


New Deihl Range, Delhi.

.I

IN THE SUP REM E COURT OF IND IA

CRIMINAL ORIGINAL JURISDICTION '


VVRIT PETITION (CRL) NO. 25 OF 2016
IN THE MAT TER OF:N. D JAYAPRAKASH

Petitioner
Versus

UNION OF INDIA & ANR.

Respondents

AFFIDAVIT
I, Mukesh Kumar Meena, Joint Commissioner of Police,
New Delhi Range, Delhi Police Headquarters, New
Delhi, do hereby solemnly state and affirm as under:1. That I am working as Joint Commissioner of
Police,

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Status Report/ incident Report dated 17.02.2016.

2. That the Status Report ~?s been prepared on the


basis of record available In my office and the
contents thereof are true and correct to the best
of my knowledge based on the record of the case,
6h\~

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'ID

Delhi

authorized to file this affidavit in support' of

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::;

New

VERIFICATION:-

Joint Commissioner of PC,!,'


New Delhi Range, Deihi.

I the above named deponent do hereby verify that the

\~O

ANNc'1CuR ~ PJ)
I\lationai Human Rights Commission
New Delhi, India
NHRC Team visits Central Prison, Tihar to inquire into
important issues pertaining to Shri Kanhaiya Kumar; inquiry
report forwarded to Commission of Police, Delhi and Director
General of Prisons, Tihar Jail for comments (19.02.'20~6)
New Delhi, 19th February, 2016
On 16.02.2016, the Commission took suo motu cognizance of
the newspaper report published in Hindu newspaper dated
13.02.2016 captioned as ItGovt. acts tough, JNU student leader
charged with sedition". It, was reported that the President of
JNUSU was arrested on the charges of sedition after allegedly
raising anti-India slogans. The Commission issued notice to the
Home Secretary, Govt. of India, Chief Secretary, NCT of Delhi,
Comlnissioner of Police, Delhi and the Registrar, Jawaharlal
Nehru University.
On 18th February, 2016, the Acting Chairperson, NHRC
directed that a team comprising Sh. C. K. Chaturvedi, Registrar
(Law) and Sh. S. K. Jain, SSP (Investigation) may visit Central
Prison, Tihar and inquire into the following important issues
pertaining to Sh. Kanhaiya Kumar:
1.
To assess arrangements made and measures taken to
ensure safety and security of Sh. Kanhaiya Kumar in the prison
and to ascertain the apprehensions, if any, in the mind of Sh.
Kanhaiya Kumar with regard to his safety and security.

II.
To ascertain the treatment meted out to Sh. Kanhaiya
KUlnar by the police and prison authorities while in custody.
III. To ascertain whether the statement released to the press
by the Comlnissioner of Police, Delhi in the name of Sh.
Kanhaiya Kumar was made by Sh. Kanhaiya Kumar voluntarily
and without any extraneous influence.
The NHRC tearn has submitted a report dated 19.02.2016 with
the following findings:
i.
The Central Prison, Tihar has made special arrangements
to ensure safety and security of Sh. Kanhaiya Kumar inside the
prison. He has been kept in an independent and separate cell.
Dedicated security staff has been deployed to ensure his safety
and security round the clock. Several security instructions have

been issued by the prison authorities in this regard. He has no


complaints against prison official.
According to
without any valid
grounds of arrest.
alleged. However,
police.

11.

Sh. Kanhaiya Kumar, he was arrested


reason and without disclosing to him even
He had not committed any offences as now
this aspect is under investigation by the

Sh. Kanhaiya Kumar did not complain of any physical


assault by the police while in custody. However, he was
subjected to psychological pressure during interrogation.
111.

The statement which was issued by the police as an


appeal on behalf of Sh. Kanhaiya Kumar was not written by
him voluntarily. The content, construction and framework of
the statement were as dictated by the police.

IV.

v.
Sh. Kanhaiya Kumar was abused and physically assaulted
by some persons dressed as advocates in the Patiala House
court premises on 17.02.2016. He was even physically
assaulted inside the adjoining court room in the presence of
police who did not do anything to prevent the assault or
apprehend the attackers even though they were identified by
Sh. Kanhaiya Kumar then and there.
The physical assault on Sh. Kumar in the court premises
appears to be organized and pre- planned.

VI.

What happened in the Patiala House Court Complex on


17.02.2016 was a major security lapse on the part of the police.
There was serious dereliction of duty on the part of the police.
VII.

viii. Going by the sequenc'e of events, the safety and security of


Sh. Kanhaiya and his family members is a serious cause of
concern.
A copy of the inquiry report submitted by the NHRC team has
been forwarded to the Commisioner of Police, Delhi and the
Director General of Prisons, Tihar Jail for their comments, to be
received by the Commission, on or before 26.02.2016.
Note: For further details kindly contact National Human Rights
Commission, Manav Adhikar Bhawan Block-C, GPO Complex,
INA, New Delhi - 110023
Tel.No.
24651330
Fax
No.
24651329
covdnhrc[ at]nic[ dot]in, ionhrc[ at]nic[ dot]in

E-Mail:

,;"',

1 Himasnhu am an Associate Professor at Centre for Economic Studies and


Planning, Jawaharlal Nehru University (JNU) .
I learnt from Kanhaiya's lawyers that one faculty member and one student have
been permitted by e Hon'ble Supreme Court to attend the remand proceedings
on 17 th February at 2plll at Patiala House, in l<anhaiya l<umar's case, who is a
student of JNU and President of jNUSU,
I was asked by my fellow teachers to attend the court hearing as a faculty
member of JNU as we feel responsible for the welfare of our students, Kanhaiya's
family is not here, and thei'efore we felt responsible to be present in Court as
guardians,
I went along with the six defence lawyers of Kanhaiya Kumar's legal team, whose
names are mentioned in the Order of the Hon'ble Supreme Court of India dt. 17th
February, to Patiala House, Here the atmosphere was very tense and hostile,.:
Despite the presence of a large number of policemen many lawyers were raising
slogans of Bharat Mata ki jai, anti jNU slogans and threats to anyone they
perceived as anti national. The atmosphere was very threatening and
intimidating. We I'eached the Court room no.4 of Shri Loveleen Metropolitan
Magistrate at about l.4Spm.
After about 10 minutes all the six defence lawyers and myself were asked to go
to Court room No.3, located across the aisle, opposite Court ro~m No.4.
Here in the presence of the Hon'ble Registrar General of the Delhi High Court and
two JudiCial Officers of Patiaia House Court, the DCP checked the identity cards of
all the 6 defence lavvyers. All the Icl\,vyers were directed to deposit their mobile
phones, The six defence lavvyers were then taken to the Court No.4" J was asked
to wait in COLIrt no.3 with e three judicial officers,
1was wid by the Judicial Officers that I will only be allowed to enter Court room
No. 41 if there are no family members of Kanhaiya presenc and if he identifies
and permits me to come. I was asked to produce my identity card and J was
asked to surrender my phone to the court officers.
Thereafter, the i'oom suddenly opened and about 10-12 policemen alongwith
Kanhaiya and ano
person entered the room. This person, jumped on
l<anhaiya and hit him. Seeing this, I rushed towards Kanhaiya and hugged him so
as to protect, l<anhaiY2. The person who hit Kanhaiya, after assaulting him,
tripped and was at the corner of the room away from the door. Kanhaiya pointed
to his assailant, and screamed that he was the one who has been hitting him,
inside and outside the court premises. I was baffled and immediately drew
attention of all the Judicial Officers and the police officers present, and started
shouting "Arrest Him, Arrest that man."
In the meanwhile, the three Judicial officers pointed at me and asked Kanhaiya jf
he could recognize me. Kanhaiya immediately replied that he recognized me. I
was permitted to speak 'vvith him. I continued to point towards Kanhaiya's

'

..';

and
assailant, and pleaded with the police and the Judicial officers to identify
er
arrest this person, A police officer approached the assailant and asked wheth
The
he was a lawyer, to which he replied saying that he was an Advocate.
assailant \:vlio was wearing a dark coloured coat, black trousers and dark glasses
no, 3'.
towards the door of Court room
then got up and started movmg
__
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n
Meanwhile, I continued to plead with Judicial Officers and the Police to restraT
ailt(meStFilm, Unfortunately there was no response, and this assailant easily
walked out of the door of Court room no, 3,
his
l<anhaiya l<umar was in a bad shape, It was evident from the condition of
his
clothes that he had been manhandled and assaulted, There were bruises on
and
nose, He did not have any slippers and there were injury marks on his toes
legs, He complained to me, that he had been, viciously assaulted, his hair pulled
his
out and he vVClS beaten by :20-30 lawyers, He was suffering from pain in
stomach, chest, legs and his head.
On hearing e commotion Advocate Vrinda Grover rushed in from Court room
the
No, 4, i~dv, Vrinda Gi-over told me that she and the other lawyers clearly saw
assailant corne out of Court room No.3 and talk to OCP jatin Narwal at the door
dark
of the court. The OCP asked him his name, at which this man took off his
glasses and tauntingly said in Hindi "You will ask me my name" and then calmly
walked out through the police security cordon in the same direction from where
Kanhaiya had been Drought by the police,
the
On 19 lh February 2016, 1 saw on page 3 of Hindustan Times newspaper
bar
report titled, " Lawyer who led mob at Patiala House felicitated, district
g
blames outsiders", The photograph in this report shows some lawyers standin
iately
at the gate of Patiala House court. On seeing the photograph 1 immed
who
recognized the man in the check coat, standing second from left as the man
assaulted Kanhaiya Kumar tn Court room no, 3 in my presenc~,
No action has been taken against this man for assaulting Kanl1aiya,

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Wednesday.
HT PHOTO
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EXCLUSIVE: Kanhaiya wet his pants while we beat him up
in police custody, say lawyers behind Patiala House assault
A sting operation by India Today has unearthed shocking
details on the assault on JNUSU President Kanhaiya Kumar
and journalists, while Kumar was being produced in the
PaHala House court on February 15.

IndiaToday.in
New Delhi, February 22,2016
UPDATED 12:33 1ST

I Posted by Avarnita Mathur I

A +A-

An exclusive India Today operation today unearthed shocking


details on the assault on, JNUSU President ,Kanhaiya Kumar
and journalists, while Kumar was being produced in the Pahala
House court on February 15.
In a sting operation recorded by our cameras, lawyers in Delhi 's
Patiala House court have owned up to the brazen assault. In
the video below, they admit gleefully that Kanhaiya was beaten
up even when he was in police custody. None of these lawyers
have been arrested.
The three lawyers mentioned in the sting operation are Vikram
Singh Chauhan, Yashpal Singh and Om Sharma. The three led
the attack on journalists and Kanhaiya supporters at the
Patiala House court on February 15. The video indicates that
the attack inside the court premises was not a spontaneous

one, but a well-planned conspIracy to teach 'anti-national'


elements a lesson.

To uncover the truth about the Patiala House conspiracy, India


Today's special investigation team first went to meet Vikram
Singh Chauhan, the 38-year-old Patiala House lawyer from
Rewari in Haryana. Chauhan has emerged as the face of the
attack on journalists and JNU students. Far from being afraid
about getting locked up in prison for leading the brutal attack,
he seems to be enj oying his new found infamy in this
conversation.
Vikram Chauhan, Lawyer: We beat up that boy for 3 hours ... 3
hours
India Today: You?
Chauhan: Him
IT: Whom? The reporters or Kanhaiya?
Chauhan: Kanhaiya. We forced him to say 'Bharat 'Mata Ki Jai'.
IT: Did he say it?
Chauhan: He said it. I would have not let him go from there.
IT: Did he say - 'Bharat Mata Ki Jai?'
Chauhan: Yes, he said 'Bharat Mata Ki Jai.' We made him say
it. We bashed him for three hours. He wet his pants. We beat
him up so much.
IT: Will you repeat what you did when he is produced in court?
Yashpal Singh, Lawyer: We will not leave him. We'll beat him
up. I will get a petrol bomb. No matter what cases are filed
against me. I will not leave him even if I'm charged with
murder.
+++

Yashpal Singh: No, not one, we'll do it on everyone. I have not


been presented yet. Sharma has returned after his bail. I will go
to jail. If you read, there are lot of things. In my interview, I had
said that I will go to jail if I'm arrested. I want to go to the same
jail and visit Kanhaiya's cell, and beat him up there itself.
IT: In the cell?

\~T
Singh: Yes, I will go to his cell and beat him up. Most
probably, I will not give my bail bond. I will go to prison for 1-2
days.
.
+++

Yashpal Singh; We beat up journalists. We


professors .. everyone. If you live in the country,
talk about the country. That's all we know.
came. To tell you the truth about Kanhaiya,
supporting us fully.

thrashed JNU
you will have to
Then Kanhaiya
the police was

IT: Police was supporting you?


Singh: Yes
+++

Serious questions have been asked about why the security


personnel on duty inside the Patiala House court did not step
in and stop the violence. The cops have denied charges of them
turning a blind eye towards the violence and have insisted that
they did what was expected of them. In this conversation,
Chauhan describes how the cops stood around without
bothering to stop the violence.
Chauhan: "See, if there is India, then there will always be
support. Some of the personnel were standing, including some
from the CRPF. They said - 'Sir good sir'. I said - ICome ' . They
said - 'Sir, we are in uniform ... but good, good. '
The sting operation also revealed that it wasn't just the lawyers
from the Patiala House court who were involved in the attack
on Kanhaiya and his supporters. Chauhan disclosed to India
Today that many of the attackers were specially brought in
from outside with the specific intent of beating up the so called
anti-nationals.
Chauhan: There are not many lawyers in Patiala House court.
There are only 100-500 lawyers. Half of them deal with
challans.
IT: Yes, they deal with challans.
Chauhan: We were to throw a bomb. There were so many boys
from outside. From Dwarka, Rohini. Many were called in. I
wrote on Facebook and asked them to come.
The sting operation also revealed plans of further attacks on
Kanhaiya ' s hearings.
IT: This Khalid also ...

Chauhan: Now, we have to do something else. Something big.


IT: Tell me.
Chauhan: No, we've thought. Things will happen by doing.
IT: But it has to be done in a planned way?
Chauhan: Khudiram Bose was 17, Bhagat Singh was not even
23 ... What we did was good. Our lawyers said the same thing in
the end. The boy went alone and did it single handedly.
Kanhaiya Kumar and other JNU students have been booked for
sedition. Vikram Chauhan and the other attackers have been
booked under mild provisions of the Indian Penal Code such
affray, which means fighting in a public place and disturbing
peace. The charges against the lawyers are easily bailable.
After meeting Vikram, our next port of call was the Shalimar
Garden residence of Om Sharma in Ghaziabad. Sharma is a
resident of Bulandshahr in Uttar Pradesh and has been
practising at the Patiala House court for 17 years. Sharma is
one of the main protagonists in the attack at the Patiala House
attack on February 15. At the time we visited, another lawyer
Yashpal Singh happened to be at Sharma's house. Yashpal
practises at the Tees Hazari courts and has been additional
secretary of the Bar Council. Both Om Sharma and Yash pal
Singh confirmed everything that Vikram had told India Today's
special investigation team.
Froll1 their admission on camera, it is very clear that Vikram
Chauhan, Om Sharma and Yashal Singh not only planned the
Patiala House attack in great detail but also that they are
completely unrepentant about what their actions.
The India Today's special investigation team included Rahul
Kanwal, K Ashish and Harish Sharma.

\?!

Ii N", E~vi<1.f rfJl


A~ttacks

by lawyers were one-sided, says judge

Sana Shakil I TNN I Feb 23, 2016, 06.32 AM IST


NEW DELHI: A judge who witnessed the twin assaults at
Patiala I-Iouse Courts complex last week -on JNU teachers,
students and journalists on February 15 and JNUSU president
Kanhaiya Kumar on February

17 - has written to

the

seniormost judge of the complex, saying the attackers were all


"apparently lawyers" and sought action against them, sources
said on Monday.

The judge described the hooliganism of lawyers in great detail,


saying a large crowd was seen "beating up whosoever was not
in la-wyers' uniform". He also mentioned that the attacks were
one-sided, the sources said.

The incident of February 15, in which journalists and students


were assaulted before the hearing in the sedition case against
Kumar, appeared to be more violent, the judge is learned to
have told the district judge of Patiala House Courts.

The sources said that the judicial officer, in his letter, re called
that on this day, a large crowd "apparently of advocates"
gathered in and around the court complex and beat up
"whosoever was not in lawyers' uniform".

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