Delhi HC Dismisses PIL Seeking Clarity On Alleged Lathi Charge During CJP Protest

Delhi HC Dismisses PIL Seeking Clarity On Alleged Lathi Charge During CJP Protest

The Delhi High Court on Wednesday dismissed a public interest litigation (PIL) seeking directions to the Delhi Police to clarify whether a lathi charge took place during the Cockroach Janata Party (CJP) protest in the national capital.

A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia questioned the petitioner over the filing of the PIL, observing that conflicting media reports and the Delhi Police's statement did not, by themselves, constitute a matter of public interest.

"All sorts of matters are filed [as PIL]... Everything that catches your imagination after reading the newspaper, you will file a petition?" the Bench remarked.

The Court further observed that the plea did not involve any element of public interest.

The PIL was filed by Nitin Naresh, who described himself as a member of the media. He told the Court that he had submitted a representation to the Delhi Police, pointing out differences between the police's version of events and media reports regarding the alleged lathi charge.

Naresh said that he was only seeking a direction to the Delhi Police to decide his representation.

The Bench, however, observed that a matter can ordinarily be brought before the Court where there is a dispute between parties or an alleged violation of a person's rights. Chief Justice Upadhyaya said that conflicting media reports and a police statement, without more, could not make the issue a subject for a PIL.

When Naresh questioned who would ensure accountability if the Court did not entertain his plea, Chief Justice Upadhyaya said:

"These high-sounding words, accountability, transparency, are not to be used in a vacuum like this."

The Chief Justice further questioned whether the Delhi Police was under any legal duty to decide the representation merely because its statement was being contradicted by media reports.

The Bench ultimately dismissed the PIL.

Central Government Standing Counsel (CGSC) Nishant Gautam appeared for the Union of India and the Delhi Police.

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