New Delhi [India], October 12 :  A Public Interest Litigation (PIL) has been moved before the Delhi High Court by National Students’ Union of India (NSUI) national president Vinod Jakhar seeking a fair, independent and time-bound investigation into the alleged assaults on members of the public in Connaught Place and areas adjoining Jantar Mantar during a protest on October 10.
Advocate Vimal Tyagi mentioned the matter before the court, seeking urgent consideration of the petition.
The bench led by Chief Justice Nitin Wasudeo Sambre stated that the Supreme Court is already seized of the matter and has called for affidavits from the Union government. The High Court has listed the petition for hearing tomorrow.
The petition seeks the identification of those allegedly involved in the incidents, immediate preservation of CCTV footage and other electronic evidence, and an inquiry into the role of police personnel who were present in the vicinity when the alleged assaults took place.
According to the plea, groups of unidentified men in plain clothes allegedly intercepted, surrounded and assaulted people proceeding towards Jantar Mantar to participate in a protest demanding the resignation of Chief Election Commissioner Gyanesh Kumar. The petition claims that passers-by were also targeted.
The alleged incidents took place at around 2 pm at several locations, including the Inner and Outer Circles of Connaught Place, near the Indira Chowk signboard, outside Khadi Gramodyog Bhavan and on adjoining footpaths.
Jakhar has relied on nine video recordings stated to be in the public domain. The recordings allegedly show individuals being surrounded, pushed, punched, kicked and dragged by groups of men. One video purportedly shows a man being held in a neck-lock, while another allegedly depicts a youth being forced to the ground and assaulted.
The petition also refers to footage in which a person is allegedly held against a railing and struck on the head and upper body. It further claims that a woman journalist recording the incidents was targeted when one of the men lunged towards her camera.
The petition raises concerns over the alleged presence of uniformed police personnel near the locations where the assaults took place.
According to Jakhar, the recordings show police personnel, vehicles and barricades in the vicinity of the incidents. The plea also refers to footage in which one of the persons allegedly involved in the assaults is seen being escorted by a uniformed official and later standing between two police personnel.
The petitioner has stated that he is unaware whether any of the persons allegedly involved were detained, questioned or proceeded against.
Contending that the response of the police itself requires examination, the plea argues that the investigation should be conducted independently and under senior-level supervision rather than being left solely to the local police units whose personnel were present at the scene.
The petitioner has clarified that he was not personally present during the incidents and has based his allegations on publicly available video recordings and media reports.
The PIL, filed under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeks a direction for a fair and time-bound investigation by a Special Investigation Team (SIT).
The petitioner has sought the constitution of an SIT headed by an officer not below the rank of Deputy Commissioner of Police, drawn from outside the New Delhi district, under the supervision of an officer not below the rank of Joint Commissioner of Police. He has also sought periodic status reports before the High Court.
The plea seeks immediate preservation of CCTV footage recorded between noon and 6 pm on October 10 from Connaught Place, Indira Chowk, the area outside Khadi Gramodyog Bhavan, Sansad Marg, Janpath and Jantar Mantar Road, besides nearby Metro stations, including Rajiv Chowk, Janpath, Patel Chowk and Barakhamba Road.
It argues that the preservation of evidence is urgent because CCTV footage may be overwritten after a limited period, while videos circulating on social media may be removed.
The petitioner has also sought directions to secure original, unedited recordings from news organisations and individuals who captured the incidents, trace the alleged victims and witnesses, record their statements, arrange medical examinations for injured persons and provide protection wherever necessary.
The petition also refers to a separate video showing a procession of young men moving through Connaught Place, with several allegedly carrying sticks and flags bearing the name and emblem of NSUI.
According to Jakhar, who is the national president of the student organisation, NSUI had not called for any such procession or announced a closure of Connaught Place. He has further stated that, to his knowledge, the persons seen in the video were not members, office-bearers or workers of the organisation and were not acting on its behalf.
The plea alleges that the organisation’s flags may have been used by outsiders to create disorder and bring NSUI into disrepute. It seeks an investigation into the identity of the persons seen in the footage, the source of the flags and whether anyone organised or instigated the procession.
These are allegations made in the petition and are yet to be established through an investigation.
The petitioner has invoked Articles 14, 19 and 21 of the Constitution, arguing that the alleged incidents raise concerns relating to equality before the law, personal safety, freedom of expression, peaceful assembly and the right to move freely.
The plea contends that even where restrictions are imposed on a public gathering, their enforcement must remain with the competent authorities and be carried out in accordance with law. It argues that no restriction authorises private individuals to use violence against people seeking to participate in a protest.
Relying on Supreme Court judgments concerning mob violence, freedom of expression and the State’s obligation to protect citizens, the petitioner has argued that the authorities were required to prevent cognisable offences and take appropriate action upon receiving information about them.
The plea also highlights the alleged targeting of a journalist, contending that attacks on people recording public incidents could undermine press freedom and obstruct the collection of evidence.
In its prayer, the PIL seeks a direction to the Delhi Police to conduct a fair, impartial and time-bound investigation into the alleged assaults of October 10 and identify the persons involved, including those who may have organised or instigated the incidents.
It further seeks the constitution of an SIT under the supervision of senior police officers, preservation and transfer of relevant CCTV footage to the investigating team, and directions to trace and protect the alleged victims and witnesses.
Jakhar has also sought periodic status reports before the High Court and any further directions considered necessary to ensure accountability and prevent a recurrence of such incidents.
The petition states that a representation dated October 11 was submitted to the Union Home Secretary and the concerned police authorities seeking an independent judicial inquiry, including the constitution of a commission headed by a retired Supreme Court or High Court judge.
The petitioner has maintained that the PIL does not challenge the merits of the protest or the validity of any order regulating the gathering. It is confined to the alleged assaults on members of the public, the identification of those responsible and an examination of the police response. The Delhi High Court is scheduled to hear the matter tomorrow.