New Delhi: The Supreme Court Friday rejected a plea seeking a direction to the Centre, the Delhi government and police to ensure an independent and fair probe into the Cockroach Janta Party-led protest at Jantar Mantar in July.
The Cockroach Janta Party’s (CJP) protest against the NEET paper leak culminated in the resignation of Dharmendra Pradhan as Union education minister.
The top court also refused the prayer seeking a declaration that police, like the judiciary, exercise sovereign and independent functions in maintaining law and order and investigating crimes, free from interference unless their actions are contrary to law.
A bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana heard the matter involving a plea concerning the investigation into FIRs registered in connection with the protests at Jantar Mantar.
The petition made the Centre, the Commissioner of Police, the Delhi government, Shailendra Mani Tripathi, one of the PIL petitioners in the CJP protest case, and CJP leader Abhijeet Dipke as parties.
Advocate Mathews Nedumpara, appearing for petitioner L Ramanathan, questioned the maintainability of the PIL seeking judicial intervention in the absence of actual litigants.
He said that people approached the court as though it were their private property.
The CJI, responding to submissions, defended the court’s decision to invoke Article 142 of the Constitution to quash certain FIRs.
“There is no guarantee that we keep passing 100 per cent correct orders. You say we should not have invoked Article 142 and quashed FIRs…please appreciate, these are young students.
“We have to see their parents, their future. We don’t want them to come to court… You have not seen our order in the case of members of legislative assembly/Parliament,” the bench said.
Citing the example of Himachal Pradesh, the CJI said some politicians sat on a dharna there and caused loss to public property.
“But when there was Covid, people of this country were not ready to face this kind of crisis… so people reacted in a way they could react. The High Court declined to quash (the FIRs), but, we allowed, saying they are not hardened criminals,” he said.
The bench said that the plea was seeking review of the order quashing FIRs by invoking Article 142 of the Constitution.
The petition sought a declaration that police enjoy an independent sphere of authority in maintaining law and order, investigating crimes and bringing offenders to justice, comparable to the judiciary’s independence in administering justice.
It said that just as the executive cannot interfere with judicial functions, police functions in their designated domain should not be interfered with unless police act contrary to law or with mala fide intent, matters which may involve the adjudication of disputed questions of fact.
“Issue a writ, order or direction in the nature of mandamus directing Respondent Nos. 1 to 3 (Centre, Delhi government, city police) and to ensure that the investigation into the FIR(s) registered in connection with the Jantar Mantar Protests is conducted independently, fairly, and in accordance with law,” the plea said.
