The Delhi High Court on Friday (24 July) declined to entertain a public interest litigation (PIL) filed by NGO Save India Foundation seeking criminal action against persons allegedly involved in violence, assault on police personnel and damage to public property during a student protest held at Jantar Mantar on July 20. Instead of issuing directions, the Court permitted the NGO to place its grievances before the competent authorities for consideration under the law.
Background of the Case
The petition alleged that the protest turned violent, resulting in attacks on police personnel, damage to public property and disruption of public life in central Delhi. It sought directions to the Delhi Police to identify those responsible, initiate criminal proceedings under applicable laws and recover the cost of the alleged damage.
The NGO also claimed that the protest was linked to a group referred to in the petition as the "Cockroach Janta Party" and alleged that social media content had encouraged unlawful activities during the demonstration.
Court's Observation
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia observed that the legal framework governing incidents involving damage to public property has already been settled by the Supreme Court.
“The mechanism laid down by the Supreme Court is already in place. The petitioner may approach the authorities concerned, who shall consider the representation and take an appropriate decision in accordance with law,” the Bench observed.
The Court clarified that if the petitioner submits a representation, the concerned authorities must examine it and communicate their decision.
Decision
Disposing of the PIL, the Delhi High Court declined to issue any direct directions for criminal prosecution. It granted liberty to Save India Foundation to approach the appropriate authorities, who will consider the representation and take action, if warranted, in accordance with law.
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