Delhi HC Declines PIL Seeking Probe Into Conflicting Claims Over CJP Protest Lathicharge
“The Court said that just because some media reports contradict the stand taken by Delhi Police, it does not become a subject matter of PIL.”
Delhi High Court on Wednesday dismissed a PIL seeking to direct the Delhi Police to clarify whether there was a lathi charge during the Cockroach Janata Party (CJP) protest that took place in Delhi or not.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia admonished the petitioner for filing such a PIL and said that just because some media reports contradict the Delhi Police’s stand does not become a subject matter of PIL.
“All sorts of matters are filed [as PIL]. Everything that catches your imagination after reading the newspaper, will you file a petition?” the Court questioned.
The Bench added that no public interest was involved in the plea.
The PIL was filed by Nitin Naresh who told the Court that he was part of the media and had submitted a representation before the Delhi Police pointing out the contradictions between the police’s stand on the matter and news reports.
Naresh then told the Court that he was merely asking for a direction to the police so that they could decide on the representation.
The Court said that a person can approach the Court only if there is a dispute between two parties or someone’s rights have been violated. Chief Justice Upadhyaya observed that media reports contradicting the police's statement cannot become a subject matter of a PIL.
Naresh told the Court that who will ensure accountability if the Court doesn’t entertain his PIL. Chief Justice Upadhyaya told him,
“These high- sounding words, accountability, transparency, are not to be used in a vacuum like this. What is your petition? Delhi Police issued a statement, that statement is being contradicted by media and you are asking us to get an inquiry conducted into that statement. Is there any duty on Delhi Police to decide your representation?”
Eventually, the Bench dismissed the PIL.
Nishant Gautam, appearing as Central Government Standing Counsel (CGSC) represented Union of India and Delhi Police.
