Delhi HC terms vandalization outside CM's house 'very disturbing state of affairs', asks police reasons for 'failure'

New Delhi [India], April 25 : The Delhi High Court on Monday showed displeasure over the Delhi Police's status report on the incident of violent protest and vandalism outside the Chief Minister Arvind Kejriwal's house saying that what had happened at the residence of a constitutional functionary is "very disturbing state of affairs".
The bench of Justice Vipin Sanghi and Justice Navin Chawla on Monday also said they are not satisfied with the status report in regards to 'Bandobast' made at the CM's residence.
The bench while seeking a further status report from the police, directed them to disclose the reason for the failure of the arrangement made and to fix the responsibility of the lapses in the next status report. The next date of hearing in the matter is now May 17, 2022.
"Let a fresh status report be filed within two weeks, disclosing aspect with regard to review of security arrangement and what further steps have been taken, so that such incidents don't recur in future," said the bench.
The court, during the hearing, further said that three barricades were breached by the protestors. "You (Police) need to look into the functioning and bandobast. It could have been anybody, Union Minister etc. There has been a lapse on part of the force and we want the Commissioner of Police to look into this."
Additional Solicitor General (ASG) Sanjay Jain appearing for Delhi Police submitted before the court that the incident should not have happened. "Review of security has also been done. CCTVs have been preserved and are a part of the investigation. People have been identified, 41A notices have been issued."
Jain further submitted that in the present matter, the investigation is in progress. "Different angles of CCTV cameras will be forensically examined and then a proper picture will emerge. An inquiry will be conducted at the highest level."
Senior Advocate Abhishek Manu Singhvi, appearing for the Government of National Capital Territory (NCT) Delhi said that they were not served with the status report submitted by the Delhi Police.
"Those seen in the video were felicitated by political powers. The Apex court recently passed directions for the lapse in PM's security, but here people broke three-level barricades of CM's residence," he said.
Senior Advocate Rahul Mehra also appeared for petitioner Saurabh Bhardwaj, Aam Aadmi Party MLA submitted that there is a need to constitute a special investigation team and raises the questions over the fairness of the Delhi Police investigation
The court was hearing the Public Interest Litigation filed by AAP leader Saurabh Bhardwaj against the alleged attack and vandalization at the official residence of the Delhi Chief Minister on March 30.
The plea sought direction for the constitution of a Special Investigation Team to undertake an independent, fair, and time-bound criminal investigation with respect to the attack and its perpetrators.
The petitioner also alleged that the attack was done by Bhartiya Janta Party (BJP) workers and appears to have been carried out with Delhi Police's tacit complicity.
Visuals from outside Kejriwal's residence showed protestors casually walking through the police security cordon, kicking and breaking boom barriers, breaking CCTV cameras with lathis, throwing paint at the gate, and attempting to climb over the entrance gate, while Delhi Police personnel simply looked on, doing little to stop the protestors, stated plea.
Bhardwaj, sitting MLA from AAP, stated that the party strongly supports the right to protest peacefully, even if such protest is against the Delhi Government, it is submitted that in the name of protest, violence cannot and ought not to be permitted, and condoned, plea stated.
It further stated that, in this case, the violence was especially egregious as it was directed toward the Delhi CM and his family. "It was meant to subdue, by the use of force, the highest elected official in NCT of Delhi and therefore the elected Government of Delhi. This was a direct attack on democracy."
The plea further submitted that those who were charged with the protection of the Delhi CM, that is, Delhi Police, completely abdicated their duty, without any regard for the fact that they were protecting an elected constitutional functionary and the fact that he was given Z plus security by Delhi Police itself.
Moreover, the Delhi Police's inaction was in blatant violation of this Court's order dated August 22, 2017, wherein the Delhi Police was directed to ensure that no unnecessary protest takes place on the road in front of the Delhi CM's house, as it is a residential area, the plea stated.
"It thus appears that Delhi Police was hand in glove with the goons as the goons are members of the ruling party in the Central Government, which has absolute control over the Delhi Police through the Ministry of Home Affairs," it added.
The plea also pointed out that on December 10, 2020, there was an alleged attack on the residence of the Deputy Chief Minister by "BJP Goons", where also, the Delhi Police did not take any steps to stop the attackers and thereafter failed to take any concrete criminal action against the attackers.