Vandalism at Delhi CM's residence: HC seeks status report from police, preservation of CCTV footage

New Delhi [India], April 1 : The Delhi High Court on Friday sought a status report from Delhi Police over the violent protest and vandalism outside the residence of the Delhi Chief Minister and also directed that the CCTV footage of the incident should be preserved.
The bench of Acting Chief Justice Delhi Vipin Sanghi and Justice Navin Chawla on Friday sought a status report to be filed in two weeks in sealed --- and also a recorded statement of Delhi Police that all the evidence relating to the case including CCTV footage shall be preserved. The court slated the matter for April 25, 2022 for a detailed hearing.
Appearing for the Ministry of Home Affairs, Additional Solicitor General (ASG) Sanjay Jain opposed the Aam Aadmi Party (AAP) leader Saurabh Bhardwaj's plea claiming the alleged attack was carried out with Delhi Police's tacit complicity. The ASG submitted that the petition is misconceived and it will be opposed on legal grounds. He also submitted that a meeting has been held between Home Ministry and Delhi Police in this regard.
On that Bench said, "Any citizen and political or not could have filed this. This is a constitutional functionary we are talking about. This is the matter related to a Chief Minister."
Appearing for AAP, leader/petitioner senior advocate Abhishek Manu Singhvi submitted that "kindly reverse the scene for any other politician irrespective of the political line. Heavens would have fallen then. And my friend is opposing even the notice. What I am currently seeking is the preservation of the CCTV footage." Singhvi also cited the order of the Supreme Court in the Prime Minister's Security Breach matter.
Senior Advocate Rahul Mehra, who appeared for the AAP leader, also raised questions over the Delhi Police investigation so far. He submitted that the eight persons arrested so far are just a scapegoat. A sitting parliamentarian and other known leaders of the BJP party were there at the site. These pictures and videos are already in the media and public domain but still, no action has been taken on them.
AAP leader Saurabh Bhardwaj on Thursday moved the Delhi High Court 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 on Wednesday 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 the plea.
Saurabh 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, the 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.
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 is pertinent to note, that in the past as well, on December 10, 2020, there was an 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, stated the plea.