New Delhi [India], March 23 : The Delhi High Court on Monday stayed the trial court proceedings in a case against Congress MPs Rahul Gandhi and KC Venugopal, Samajwadi Party chief Akhilesh Yadav, DMK leaders Kanimozhi, A Raja, among others, in connection with the protest against the draft UGC guidelines at Jantar Mantar in February 2025. It had been alleged that the protest was organised without permission.
DMK Leader CVMP Ezhilarasan has sought the quashing of the FIR.
Justice Anup Jairam Bhambhani issued notice to the Delhi police and sought a reply on the quashing of the petition and plea seeking a stay. The matter has been listed for hearing on August 12.
After filing the charge sheet matter is pending before the Rouse Avenue Court. However, the cognisance has not been taken.
Senior advocate Amit Anand Tiwari alongwith advocate Vivek Singh, appeared for Ezhilarasan. It was submitted that the petitioner organised a protest against draft UGC guidelines on February 6, 2025. Several DMK leaders among the 15 MPs participated.
An FIR was registered under section 223 (a) BNS, and it is alleged that the protest was organised without permission from the Delhi Police.
It was argued that there was no law and order situation after the protest. It was also submitted that he had applied several times for the permission. Oral permission was granted. It was also submitted that the police can't register an FIR in this case.
On March 20, the Deputy Commissioner of Police (DCP) New Delhi filed a report pursuant to a direction of the Rouse Avenue court in the UGC Regulations draft protest case. The report highlighted that an enquiry has been conducted in pursuance of a court direction.
Additional Chief Judicial Magistrate (ACJM) Paras Dalal took the report on record. "The report categorically highlights the enquiry conducted in compliance with orders of this Court and further two weeks are sought to conduct further investigation," ACJM Dalal noted in the order of March 20.
In view of the report, the court adjourned the matter for three weeks and listed it for hearing on April 14.
On March 7, Delhi Police had sought time for further investigation and a status report was also filed.
Earlier on February 19, the court called for a report from the DCP over the violation of legal provisions and the filing of a charge sheet against 11 proposed Accused even without giving notice to 10 proposed Accused persons to join the investigation.
A charge sheet has already been filed naming leaders, including Rahul Gandhi, KC Venugopal, Akhilesh Yadav, A Raja, Kanimozhi and others.
The Rouse Avenue court had asked Delhi police why notices were not issued to the proposed accused persons to join the investigation and why a police report was filed without issuing notices to 10 accused persons.
On February 19, ACJM Paras Dalal had noticed that 11 persons had been arraigned as accused in the chargesheet.
The police report shows that one accused, CVMP Ezhilarasan, was issued notice to join the investigation under Section 35(3) of the BNSS via email dated April 7, 2025, the court had noted.
The Court further noted that the police report then submitted that the accused did not join the investigation. No further steps were taken by the Investigation Officer (IO) for joining the accused CVMP Ezhilarasan in the investigation of the present matter. Regarding the other
10 accused persons, no notice was issued by the IO for joining the investigation in the present matter.
The court had observed that the IO did not comply with the judgement of the Supreme Court in the case Satyender Kumar Antil and was in violation of the standing order of the Delhi police of 2020.
The court had issued a direction that the SHO and the ACP shall thus file a report as to on what basis they have forwarded the present police report, after having satisfied themselves that the offence has been committed as alleged.
"Both the SHO and the ACP shall further file a report as to under what consideration they forwarded the present police report, after perusing that the notice to one accused was issued through email and no notice was issued to the remaining 10 accused persons to join the investigation," ACJM Paras Dalal had ordered.
The court had further directed that the SHO and the ACP shall report the rule/ guidelines/ Order under which a police report can be filed against accused persons without them having joined the investigation at all.
Both the SHO and the ACP were directed to get their reports forwarded by the Worthy Deputy Commissioner of Police, New Delhi District, before filing the same before the court.
The court had asked to bring the matter to the notice of the Commissioner of Delhi police.
"This Court is bound to bring the present Order to the notice of Worthy Commissioner of Police, Delhi to take note of the failure of the investigating officer in carrying out full and fair investigation in the present case and take necessary departmental action against them as mandated by law," the court had said.
The Worthy Commissioner of Police, Delhi, shall also take note of the casual forwarding of the police report by the concerned SHO as well as the ACP, the court had directed.