New Delhi: Hearing two petitions alleging use of “brute” force by Delhi Police during CJP’s march to Parliament, the high court Wednesday said it was not an “isolated incident” and affected persons could seek remedy “under public law”.The court’s remark came in response to the stand of the Centre and police opposing the petitions with the argument that if anyone was affected, he should approach the magistrate seeking a probe.Seeking responses from the authorities, a bench of Chief Justice D K Upadhyaya and Justice Tejas Karia directed police to preserve all relevant records, including CCTV camera footage and any videography, in relation to police action.“If these issues are raised in a PIL, how can you say that every individual should lodge an FIR? Had it been an isolated incident, the situation might be different,” the bench told additional solicitor general S V Raju.Clarifying that it was not expressing anything on the merits of the matter, the court stressed that in case of any alleged police brutality, liability can be invoked under public law, posting the matter for Sept 11.Appearing for petitioners Umesh Kumar and Anshul Kumar, a battery of senior lawyers pressed for stringent action and an independent inquiry.Senior advocates N Hariharan, Vikas Singh and Gopal Sankaranarayanan, appearing for the petitioners, alleged that police and the Rapid Action Force (RAF) used excessive force on the protesters, including women and children.They stressed that the agitators were only exercising their fundamental right to peacefully protest against irregularities in NEET, and the fact that a march to Parliament would be held on July 20 was also known to all.“Brutality of the largest measure was used against a peaceful agitation… The force used was excessive and uncalled for,” Hariharan, also president of Delhi High Court Bar Association said, asserting that a high-level judicial inquiry and an investigation by an independent SIT should be ordered in the matter.“They were unarmed children. More than 90 students were injured. There is a policeman slapping ladies, molesting them,” the senior lawyer contended, saying that an FIR should be ordered against identifiable policemen.Singh, president of Supreme Court Bar Association (SCBA), said unknown persons in civil clothes attacked “innocent people” along with police, and lathis with nails, pellets and even batons that could give an electric shock were used on protesters.Sankaranarayanan said hundreds of publicly available videos showed the brutality committed by police personnel, who were not even wearing their name-tags, and several were not even in their uniforms.Opposing the claims, ASG Raju said the PILs were “in the realm of guesswork”, and if any individual has a grievance, he should move the court concerned with “concrete facts” to seek registration of an FIR. He contended that the pleas were based on social media posts and were not maintainable.An unruly crowd resorted to violence and stone-pelting, the senior law officer said, adding that police personnel were injured and police vehicles were damaged.“There are political parties who are trying to take advantage… The so-called peaceful agitation did not remain peaceful,” Raju said. “These are publicity-seeking petitions. Persons who are injured or allegedly beaten up have not lodged any complaint,” Raju contended.
