Professional Documents
Culture Documents
~....
OF 2016
... PETITIONER
JAISWAL
VERSUS
... RESPONDENTS
WITH
CRL. M. P. No. _ _- - - OF 2016
PAPER - BOOK
(PLEASE SEE INDEX INSIDE)
--,,-"'.------------~-
--------------------------
INDEX
S.N.
r--
PARTICULARS
PAGES
i
----
I.
Listing Performa
2.
3.
4.
ANNEXURE P-l
Copies
dated
details
Patiala
5.
A to A-I
'i3-?(
1
-;;It
ANNEXURE P-2
nil.
6.
ANNEXURE P-3
ANNEXURE P-4
ANNEXURE P-5
ANNEXURE P-6
10 ANNEXURE P~7 .
\ 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
13
of
\~\
ANNEXURE P-IO
14 ANNEXURE P-l1
Copy
of
the
eye-witness
account of Mr.
Himashu,
Associate Professor, JNU dated
nil.
16
ANNEXURE P-13
OF 2016
A
PROFORMA FOR 'FIRST LISTING
SECTION: X
Section
U/S
o
D
D
o
D
o
o
D
o
Rule No(s):
- NA-
- NA-
Section:
- NA-
- NA-
Rule No(s):
- NA-
- NA-
- NA-
- NA-
Names of Judges:
- NA-
- NA-
Civil
1.
Nature of matter:
2.
KAMINI JAISWAL
kaminijaiswal@hotmail.com
0.
4.
Criminal
- NA-
- NA-
- NA-
018
1807
5.
6.
7.
Criminal Matters:
- NA-
0 NoD
Yes
- NA-
Date:
- NA-
- NA-
- NA-
A-I
- NA-
8.
. ........
- NA-
- NA-
- NA-
9.
- NA-
10.
Special
- NA-
Category
(first
Petitioner /
appellant only):
D SC/ST
On custody
Doman/child
Dsabled
- NA -
11.
12.
- 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
18.02.2016,
report
dated
19.02.2016
of the
A cultural
program
called
"A
Country
showed
some
persons
raISIng
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
The Petit ioner 's coun sel got a call from one
of the
Mag istrat e,
Patia la
Hous e
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
It
was
also
that
infor med
18.0 2.20 16
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&.
.';".
An
Asso ciate
Profe ssor
at
Cent re
for
"
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
be
orga nised
and
Kl~mar
H
Cour t
Hous e
prem Ises
Wed nesd ay
viz.
3 to 5,
only
them
supp ortin g
but
also
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
~n
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)
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
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
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
as
court
commISSIOners
by
this
court,
report
dated
~9.02.2016
of the
2.
Court.
3.
4.
-others
~
7
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
...
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.
8.
BR IE F FACTS:'
8.1 . On
09 .02 .20 16 ,
Cl.1ltur9.l
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
JN U
stu de nts an d tea ch ers fro m
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
--
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
.....,.
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
---~
7
NE XU RE
an ne xe d an d ma rke d as AN
P~3(Pages
co un sel
pa nd em on ium ha d
wa s
bro~ep
tol d
C01?-~.t.
tha t
Th e
tot al
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,
..
.\
law and
order .
The
comm ittee
also
It
also
was
infor med
that
8.7
ed that the
That on 18.02 .2016 ; News repo rts show
-;:::::=----, ..,.
news
repo rt
9
an d qu ote d the ass au lte rs
V1Z .
"Ab Ie aa o SC
,--
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
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
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
==-
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,
Court
desp ite
this
two
bS,- \01-).
3 by an
(1,)g---/1J ).
12
The repo rt dated
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
13
,
on
"ap pe ars
to
Ka nh aiy a
be
Ku ma r
org an ise d
W ed ne sd ay
on
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" ,
~~;.:
"
pe r
the
or
"ap pre he nd
rep ort ,
"He
the
wa s
att ac ke rs" .
su bje cte d
to
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
,
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.
(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
''.'},
..
IS
as
follows:
police-custody-say-lawyers-behind-patiala-houseassault/1/602690,html.
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
9.
GROUNDS
A.
Because
the
inaction
of the
Delhi
Police
In
and
has
led
to
and
threatens
the
B.
Hl
17
C.
Beca use
vano us
eye
witn ess
from
acco unts
D.
Beca use
the
said
sting
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
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.
and
thus
the
attacking
lawyers
Because
the
Respondent
advocates
have
10.
Petition
PAAYER
Under the circuI11stances 111entioned above, it IS
7
19
a.
Special
Inve~tig$.tion
Team
to
teachers,
defense
lavvyfu aI:.S.__the \,
Nos.
3-5
for
interfering
In
the
violat~ng
r-"
c.
deen1
fit
in
the
interest
of justice
and
r-
FILED BY:
PRASHAI'{T BHUSHAN
ADVOCATE FOR THE PETITIONER
DRAWN BY:
(~
of 2016
KAMINI J AI SW AL
VER SUS
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
~_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.
DEPONENT
VE RI FIC AT IO N:
~,
DEPONENT
ANNetUK~~ P~l~
d.~
.....'...
,
lavryers
targeted
the
.. _-_...------------_.-_ ..
_-_ .. _.
__ ......
__ -....
http.lltimesofindia. indiatimes.com/city/deihi/One-of-them-said-bone-bhi-todenge-phone-bhi-
todenge/articieshow/51001849.cms
f\ "few
hour~)
more
an
13rI
hour and half on Monday, we, the members of the media, were
,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 ,
ri'~hIY
'\
~ '.. '\
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G \:.:.-:.c.
~~
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~
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tt\.
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f': l ""'""', .
~""',,~.'
,".f,"~~';::"';'0;'\\.'-
.:"'.~"~<'\."
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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
Bu
.
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
ok
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
ov
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
en
Th
.
tnfjs vI/au n't QE::i.
Th ey ki ck ed
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in
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al e co ps to l1 un de rs ta
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m oo d and go Cl\i\!i:l
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ur t an d as ke d th e st
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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;
Vikram Singh Chauhan, one of the main attackers in the court violence
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
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.
"
'.(
. '"",r,
i,.,
s~;
I)
'.IV.
tuo.
"""", .......
... _ ,
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10,1""
_/ ~
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
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
.
.
,-.-
,~
;'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.
: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
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
Respondent(s)
Mr.
Mr.
Ms.
Mr.
Mr.
Mr.
Mr.
For Respondent(s)
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.
Mr.
Mr.
Mr.
Mr.
All India
Lawyers Union
For Intervenor
Adish C. Aggarwala,Sr.Adv.
Vijay Pratap Singh,Adv.
Aakash D. Pratap,Adv.
Aditiya Singh,Adv.
Pradeep Kumar Yadav,Adv.
P:3
~1-
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
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
trial
Court
are
undertaken
today
in
ordinarily
order,
we
have
indicated
this
matter
today broadly
agreed with
the proposed
directions.
We,
proceedings
therefore,
are
direct
concerned,
that
insofar
only
the
as
lawyers
today's
either
Court
hall.
list
of
lawyers,
six
in
number,
1.
2.
3.
.-_._-_._---
5.
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
com mu nity
is
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
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
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
COURT MASTER
10
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
N. D ,JAYAPRAKASH
VERSUS
UNION OF INDIA
~~D
4~.
aga~n
at 2.15 p.m.
Mr.
Mr.
Ms.
Mr.
Mr.
Mr.
Mr.
nor
For Delhi H.C
Mr.
Mr.
Mr.
Mr.
11.11 India
Lavly ers Union
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 ,
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
Ajit K.
Sinha ,
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
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
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-
February
Chauhan's Facebook
timeline shows
nIne
posts
between
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 -
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, New Delhi
dus
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V\T ecln_csc1ay,
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.I
It's
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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
Policemen
still
watching,
lawyers
ask
every
It
.. NU'(NIMESH KUMAR
"
,HE HINDI;
SHUBHOMOY SIKDAR
.....
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,
(,
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
;.-
Mr.
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]
. 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 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'
~5 (R:(J-! hSl b
Shri Ajit Kumar Sinha ( r. Advocate)
e),l)N-
Ms.
Grover:
111
the
There is a hostile
these
scoun drels .
This is
an
checked.
We
complied
with
?)1-
every
The
Edhar
Grover:
.1
He was assaulted?
Vrinda Yes.
Grover:
(Interruption)
Just now in this court room.
Just now?
No lawyer was
Grover:
Ms.
Grover:
1-1)
I-Ie is
"
him.
And
The police
nameplate
presence
scandalized, Sir.
(Interruption)
30 of them.
and' I
am
absolutely
Ms.
Grover:
:");
.1
It has happened in
They
Ms.
Grover:
Mr.
Faculty Member:
rushed.
stammering voice)
I immediately
,/
.LIaVC,
(Interruptions) ,
Mr.
Dave:
Mr.
Dave:
Mr.
Dave:
What
Dave:
Mr. Jatin Narwal, Our men are posted.
DCP, New Delhi:
Mr.
Dave:
Mr. Jatin Narwai, Hamara arrangement tha aur in fact isko
DCP, New Delhi:
bahut
had
Dave:
Mr.
Faculty Member:
Mr. Kapil Sibal:
~I
DCP, Ne wD elh i:
h ... (.
Kapil Sibal:
How do yo u allow
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
e wi th an
You yo urs elf sai d .tha t he cam
esc ort .
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:
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 ?
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:
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
Dave :
officers.
Mr. Kapil Sibal:
Dave
Mr. Jatin Narwal, The officers from Sout h District.
DCP, New Delhi :
Mr.
Dave :
Mr. Kapil Sibal :
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:
Mr.
Dave:
is
Aap
assault ke baad,
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
Dave:
Dave:
SHO:
Su shi l Kumar.
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 :
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
Mr.
Dave:
0'
Mr.
Daye:
Police Officer:
Police Officer :
Mr. Rajiv Dhawal1 Aap accused ke saath the? Uski pitai kaise
(you
Mr.
Dave:
Dushyant Nahi) toh pitai kar sakta hai. (no, but then he
can beat up)
Police Officer:
Police officer :
Unidentified voice:
Police Officer:
[)
inside sir)
Mr. Rajiv Dhawan Aapne dekha nahi? (you didn't see?)
,I
Mr.
Dave:
Police Officer:
Mr.
Virender Jain
(what
IS
your
Dave:
position/ designation?)
Police Officer :
Dave:
Mr.
Dave:
Mr. Rajiv Dhawan Inside!
SIr.
Inside
i Mr. Jatin Narwal, Raaste mein kahin hua hai! Sir. (it happened
1
Mr. Rajiv Dhawan Raaste peh bhi hua. (it also happened on the
road)
Mr.
Faculty Member
Unidentified voice:
I~
Mr.
Faculty Member
Mr. Harin Raval :
Mr.
Faculty Member:
Mr. Rajiv DhawaD Lets call Kanhaiya.
Unidentified voice:
Kanhaiya
aapna
statement
dijiyeh.
[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.
Dave to Kanhaiya
Kumar :
Kanhaiya Kumar:
5e
,.
gate
numb er.
The
medi a
people
.1
sometimes
motor
bikes
were
falling,
Il
Dave:
Kanhaiya Kumar -
Mr. Jatin Narwal, Sir blade mara hai policewala ko. Piche mein
DCP, New Delhi
.1
Mr.
.' .,tve-
Mr. Harin Raval - Police ko bhi blade lagaya aise aap bole. (you
Mr.
Kanhaiya Kumar -
Rajiv Dhawan -
tha
yeh?
(what
about
the
ones
Kanhaiya Kumar - Policemen the. Sir ele mob tha (there was a
mob sir)
Kanhaiya Kumar -
./
'~~
kya
huya
uske
baad?
(what
Kanhaiya
(nods.
agreemen t) -
111
recognise)
Mr. Kapil Sibal -
Mera
Woh bole ki
Someone says -
Kanhaiya Kumar -
IS
If a
deal' Mr.
This is
Lets be
Kumar
Kanhaiya Kumar - Meine detail mein saaf saaf mention kar diya
Us key_ baad
Phir meri
It is shocking.
Kanhaiya Kumar -
.il
Nobody
had
attacked.
was
Mr.
,
Kanhaiya Kumar -
Mr.
Kapil
and others-
medical
8lTI
terrorised! scandalised
th~
lVahi aadmi
l1SS
Mr.
DaveMs. Vrinda Grover This has happened between 2.30 and ...
Mr.
Dave -
Was it
communicated to police?
Ms. Vrinda Grover Yes, Sir, it was. I have myself given copies of
the order.
Mr.
Dave Ms. Vrinda Grover We were frisked. How did that man come in?
Mr.
Dave -
Lets go out.
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)
and
I repeatedly
they kept
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
We do no t know.
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.
Dave
to
.L,egistrar General
Mr. Himanshu -
Registrar General
Mr.
Daye -
inside?)
EegistraJ" General
Someone asks the Ek baat batao jab Supreme Court ne clear kar
Registrar General di lei 6 vakil aayenge) 5 wohh aayenge toh
Eegistrar General
\orw
'I
go? How did you let him in a,nd how did you
let him out?
Regis trar Gene ral
Sir~
12-13
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
\tVhich DCP?
.(Ill
Mr'.
Kapil
Mr. Jatin Narwal, Sir arrest ki lwi baat hi nahi ki thi. (sir there
DCP
Registrar General
Mr. Jatin Nan;val, Sir unlco )0 hai enquire kar rahe the. (sir, we
DCP
Mr.
Registrar General
He was there.
He told
Registrar General
Unlce naam
\\)~
r
..
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)
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
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-
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).
Th en?
--,CP
chase d them.
ict
(Mr. Sanja y Bhati a, Additional DCP, from the Sout h Distr
Team enter s the room)
Mr.
Dave -
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 -
Addl. DCP -
r.
Dush yant Kiski thi escort party ? Kiski hai escort part?
,iA
Dave -
DCP -
Mr. Rajiv Dhaw an Aapn e jaate nahi dekh a na? (you didn' t' see
to
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.
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
~.~I"""~
~~
.-"'-
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
.;~"
\. 'V
'V
'-.
\.,
~
~
.
-S)\} './
~()~ r"J'
.""l
~~~~/.::
0~'0
S~~~~
21Page
,.1
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.
,
\ \0
3 I P age
II
Page30f4
./
\\
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 ~
p~~
...
.1
Page4 of 4
._-_.-._-_.-
__
..
.'
!!
!
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,
,II
M~,
page1of~
1
j
\,/
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
","'."
Page 2 of 6
1
J
:I
J
j
.'
i:
.
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
I
i
Ij
'/
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.
. 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
Y ~
't~
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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Dated: 17-02-2016
Respected Sir,
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
'"
I .
Yqurs faJ,thfully,
Irf.....
/ "'--,//V~,~
v (LOVLEEN)
MM-02/PHC, NOD
17 -02-2016
, :J
da~e
of hearing.
In view of the averments made in the
present
li~e
and limb.'
to
the jail
Superintendent
to prevent any
\\~
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.
(LOVLEEN)
MM-02/PHC, New Delhi
17-02-2016
~\
AtNNEXURbr-
Pc;
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
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suddenly
indulged
in
incidents
of
violence,
elaborate
police
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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
(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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--~
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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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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
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
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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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.
'
..
"
"" .
.,
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
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.
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
separa te
~"~""""~""""
FIRs
were
.............. ,.,'
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
Kumar Meena)
.I
Petitioner
Versus
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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Delhi
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New
VERIFICATION:-
\~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
11.
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.
E-Mail:
,;"',
'
..';
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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--= I~~~~-'~-'-'~~~
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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ANNE~ufZ~ - P/~
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
A +A-
\~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.
.
+++
thrashed JNU
you will have to
Then Kanhaiya
the police was
\?!
17 - has written to
the
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".
\4 0
O U R T O F IN D IA
IN TH E SU PR EM E C
TI O N
L JU R IS D IC
CR IM IN A L ORIGINA
O F 20 16
C R L. M. P. N o. _ _
IN
20 16
) NO. _ _ _ _ O F
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n of India)
32 of th e C on st itu tio
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(P
LI TI G A TI O N )
(PUBLIC IN TE R ES T
".
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F:
IN TH E M A TT ER O
... PE TI TI O N ER
KAMINI JA IS W A L
V ER SU S
O RS .
UNION O F INDIA &
'" R ES PO N D EN TS
TE R IM D IR EC TI O, N
IN
R
FO
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O
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A
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LI
A PP
TO ,
O F INDIA AND H IS
E
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TH E H O N 'B LE TH E
PR EM E C O U R T O F
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INDIA
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N O F TH E PE TI TI O
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A BO V EN A M ED
LL Y SH O W ET H :
M O ST R ES PE C TF U
1.
ri t Pe tit io n
T ha t th e pr es en t W
IS
be in g filed un de r
for
a by th e Pe tit io ne r
di
In
of
n
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itu
st
on
Article 32 of th e C
de r
ri gh ts gu ar an te ed un
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am
nd
fu
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th
en fo rc em en t of
ed ia te
io n of -I nd ia . Th e im m
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it
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on
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of
21
Article 14 an d
m e to
fa ct s w hi ch ha ve co
e
th
is
n
io
tit
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is
th
ca us e of filing
d al so
of th e ru le of. ~?-w an
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m itt ed by ce rt ai n la vr
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15.02.2016 and
on
5,
to
3
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No
t
en
in cl ud in g R es po nd
17 .02 .20 16
In the
Pa tia la Ho us e
.
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an d
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2.
4.
Th at
vio lat ed
the
the
Re sp on de nt
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ha ve
Ho n'b le
PRAYER
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Un de r the cir cu ms tan ce s me
n 'ble Co urt :
mo st hu mb ly pra ye d tha t thi s Ho
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pr oc ee di ng ,I ag ai ns t
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5
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R es po nd
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20 16 of th is H on 'b le
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Pa ss su ch fu rt
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pr es en t ca se .
CirCUlTIstances of th e
FI LE D BY:
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PR A SH A N T BH
E PE TI TI O N ER
A D V O CA TE FO R TH
20 16
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20 16
FI LE D ON: 21 4- .0 2.