kanhaiya bhusan filed pil
DESCRIPTION
Public Interest Litigation writ filed by Prashant Bhusan for Kanhaiya Kumar in the Supreme Court of India.TRANSCRIPT
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
I WRIT PETITION (CRL) NO .. ~.... OF 2016
(Petition under Article 32 of the 'Constitution of India)
(PUBLIC INTEREST LITIGATION)
IN THE MATTER OF:
K~MINI JAISWAL ... PETITIONER
VERSUS
UNION OF INDIA & ORS. ... RESPONDENTS
WITH
CRL. M. P. No. __ --- OF 2016 Application for Interim Direction'
PAPER - BOOK
(PLEASE SEE INDEX INSIDE)
ADVOCATE FOR THE PETITIONER: PRASHANT BHUSHAN
--,,-"'.------------~- --------------------------
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
I WRIT PETITION (CRL) NO .. ~.... OF 2016
(Petition under Article 32 of the 'Constitution of India)
(PUBLIC INTEREST LITIGATION)
IN THE MATTER OF:
K~MINI JAISWAL ... PETITIONER
VERSUS
UNION OF INDIA & ORS. ... RESPONDENTS
WITH
CRL. M. P. No. __ --- OF 2016 Application for Interim Direction'
PAPER - BOOK
(PLEASE SEE INDEX INSIDE)
ADVOCATE FOR THE PETITIONER: PRASHANT BHUSHAN
--,,-"'.------------~- --------------------------
INDEX
r-S.N. I PARTICULARS i ----
I. Listing Performa
2. Synopsis &, List of Dates
3. Writ Petition with Affidavit
4. ANNEXURE P-l
Copies of soine news reports dated 16/17.02.2016 glVIng details of the said events at Patiala House.
5. ANNEXURE P-2
A copy of the said report dated nil.
6. ANNEXURE P-3
A copy of the order dated 17.02.2016 in the Writ petition (Criminal) No., 25 of 2016.
7. ANNEXURE P-4
A copy of the second order dated 17.02.2016 of this Hon'ble Court in Writ petition (Criminal) No. 25 of 2016.
8. ANNEXURE P-5
Copies of the said News Reports dated 18.02.2016.
9. ANNEXURE P-6
A copy of the- report dated 18.02.2016 by a team of 5 senior lawyers.
10 ANNEXURE P~7 .
Copy of the report of defense la\\ryers dated nil.
11 ANNEXURE P-8
Copy of report dated
17,02.2016 by the Registrar General, High Court of Delhi.
PAGES
A to A-I
'i3-?( 1 -;;It
\ DCG-I! I
\\1--- 1'2--0
INDEX
r-S.N. I PARTICULARS i ----
I. Listing Performa
2. Synopsis &, List of Dates
3. Writ Petition with Affidavit
4. ANNEXURE P-l
Copies of soine news reports dated 16/17.02.2016 glVIng details of the said events at Patiala House.
5. ANNEXURE P-2
A copy of the said report dated nil.
6. ANNEXURE P-3
A copy of the order dated 17.02.2016 in the Writ petition (Criminal) No., 25 of 2016.
7. ANNEXURE P-4
A copy of the second order dated 17.02.2016 of this Hon'ble Court in Writ petition (Criminal) No. 25 of 2016.
8. ANNEXURE P-5
Copies of the said News Reports dated 18.02.2016.
9. ANNEXURE P-6
A copy of the- report dated 18.02.2016 by a team of 5 senior lawyers.
10 ANNEXURE P~7 .
Copy of the report of defense la\\ryers dated nil.
11 ANNEXURE P-8
Copy of report dated
17,02.2016 by the Registrar General, High Court of Delhi.
PAGES
A to A-I
'i3-?( 1 -;;It
\ DCG-I! I
\\1--- 1'2--0
12 ANNEXURE P-9
Copy of the report dated 19.02.2106 by Shri Ajit Kumar Sinha, Sr. Advocate.
ANNEXURE P-IO 13 Copy of the report dated
19.02.2016 of the Delhi Police.
14 ANNEXURE P-l1
A copy of the National Human Righ ts Commission issued a report on the crackdown of Delhi police.
15 ANNEXURE P-12
Copy of the eye-witness account of Mr. Himashu, Associate Professor, JNU dated nil.
16 ANNEXURE P-13
Copy of the Hindustan Times report dated 19.02.2016.
17 ANNEXURE P-14
A copy of the news report dated 22.02.2016 containing the transcript of relevant ext~acts
downloaded from the India today website.
18 ANNEXURE P-14
A copy of the news report dated 23.02.2016 published in the Times of India about the letter of the judicial officer to the District Judge, Patiala House.
CR. L. M. P. No. OF 2016
Application for Interim Direction
\~\
";",
12 ANNEXURE P-9
Copy of the report dated 19.02.2106 by Shri Ajit Kumar Sinha, Sr. Advocate.
ANNEXURE P-IO 13 Copy of the report dated
19.02.2016 of the Delhi Police.
14 ANNEXURE P-l1
A copy of the National Human Righ ts Commission issued a report on the crackdown of Delhi police.
15 ANNEXURE P-12
Copy of the eye-witness account of Mr. Himashu, Associate Professor, JNU dated nil.
16 ANNEXURE P-13
Copy of the Hindustan Times report dated 19.02.2016.
17 ANNEXURE P-14
A copy of the news report dated 22.02.2016 containing the transcript of relevant ext~acts
downloaded from the India today website.
18 ANNEXURE P-14
A copy of the news report dated 23.02.2016 published in the Times of India about the letter of the judicial officer to the District Judge, Patiala House.
CR. L. M. P. No. OF 2016
Application for Interim Direction
\~\
";",
A PROFORMA FOR 'FIRST LISTING
SECTION: X
The case pertains to (Please tick/ check the correct box):
o o o o D D o o
Central Act: (Title)
Section
Centr2J Rule: (Title)
Rule No(s):
State Act: (Title)
Section:
State Rule: (Title)
Rule No(s):
Impugned Interim Order: (Date)
Indian Penal Code, 186,0
U/S 124A and 120B of Indian Penal Code, 1860
- NA-
- NA-
- NA-
- NA-
- NA-
- NA-
- NA-D o Impugned Final Order /Decree: (Date) - NA-
o D o 1.
2.
') 0.
4.
High Court: (Name)
Names of Judges:
Tribunal/ Authority; (Name)
Nature of matter: 0 Civil
(a) Petitioner/ appelLmt No.1 :
(b) e-mail ID:
(c) Mobile Phone Number:
(a) Respondent No.1:
(b) e-mail 10:
(c) Mobile Phone Number:
(a) Main category classification:
(b) Sub classification:
5. Not to be listed before:
6. Similar / Pending matter:
7. Criminal Matters:
- NA-
- NA-
- NA-
o Criminal
KAMINI JAISWAL
- NA-
Union of India & Ors ..
- NA-
- NA-
018
1807
- NA-
(a) Whether accused} convict has surrendered: Yes 0 NoD - NA-(b) FIR No. Date:
(c) Police Station:
(d) Sentence Awarded:
(e) Sentence Undergone:
- NA-
- NA-
- NA-
the
A PROFORMA FOR 'FIRST LISTING
SECTION: X
The case pertains to (Please tick/ check the correct box):
o o o o D D o o
Central Act: (Title)
Section
Centr2J Rule: (Title)
Rule No(s):
State Act: (Title)
Section:
State Rule: (Title)
Rule No(s):
Impugned Interim Order: (Date)
Indian Penal Code, 186,0
U/S 124A and 120B of Indian Penal Code, 1860
- NA-
- NA-
- NA-
- NA-
- NA-
- NA-
- NA-D o Impugned Final Order /Decree: (Date) - NA-
o D o 1.
2.
') 0.
4.
High Court: (Name)
Names of Judges:
Tribunal/ Authority; (Name)
Nature of matter: 0 Civil
(a) Petitioner/ appelLmt No.1 :
(b) e-mail ID:
(c) Mobile Phone Number:
(a) Respondent No.1:
(b) e-mail 10:
(c) Mobile Phone Number:
(a) Main category classification:
(b) Sub classification:
5. Not to be listed before:
6. Similar / Pending matter:
7. Criminal Matters:
- NA-
- NA-
- NA-
o Criminal
KAMINI JAISWAL
- NA-
Union of India & Ors ..
- NA-
- NA-
018
1807
- NA-
(a) Whether accused} convict has surrendered: Yes 0 NoD - NA-(b) FIR No. Date:
(c) Police Station:
(d) Sentence Awarded:
(e) Sentence Undergone:
- NA-
- NA-
- NA-
the
A-I
8. Land Acquisition Matters: - NA-
. ........
(a) Date of Section 4 notification: - NA-
(b) Date of Section 6 notification: - NA-
(c) Date of Section 17 notification: - NA-
9. Tax Matters: State the tax effect: - NA-
10. Special Category (first Petitioner / - NA-
appellant only):
D Senior citizen> 65 years D SC/ST Doman/child Dsabled
o Legal Aiel case On custody - NA -
11. Vehicle Number (in case Of Motor Accident Claim matters):' .'
12. Decided cases with citation:
Date: 24.02.2016
- NA-
p~~ PRASHANT BHUSHAN
AOR for Petitioner(s) / Appellant(s) REGISTRATION No.SlS
Email: [email protected]
A-I
8. Land Acquisition Matters: - NA-
. ........
(a) Date of Section 4 notification: - NA-
(b) Date of Section 6 notification: - NA-
(c) Date of Section 17 notification: - NA-
9. Tax Matters: State the tax effect: - NA-
10. Special Category (first Petitioner / - NA-
appellant only):
D Senior citizen> 65 years D SC/ST Doman/child Dsabled
o Legal Aiel case On custody - NA -
11. Vehicle Number (in case Of Motor Accident Claim matters):' .'
12. Decided cases with citation:
Date: 24.02.2016
- NA-
p~~ PRASHANT BHUSHAN
AOR for Petitioner(s) / Appellant(s) REGISTRATION No.SlS
Email: [email protected]
B
SYNOPSIS AND LIST OF DATES
That the present Writ Petition is being filed under
Article 32 of the Constitution of India by the Petitioner for
enforcement of the fundamental rights guaranteed under
Article 14 and 21 of the Constitution of India. The
immediate cause of filing this petition is the facts which
have come to light about the blatant violation of the rule
of law and also contempt on the face of court committed
by certain la'wyers, including Respondent Nos. 3 to 5, on
15.02.2016 and 17.02.2016 in the Patiala House court
prelnises and cOlnplete inaction of the Delhi Police which I has been exposed by the report of 5 senior advocates
dated 18.02.2016, report dated 19.02.2016 of the
National Hun1an Rights Commission as well the sting
operation dated 22.02.2106 conducted by the India
Today news channel.
09.02.2016 A cultural program called "A Country
Without a Post Office" was organized by
some of the students of the Jawaharlal
Nehru University (hereinafter 'JNU').
10.02.2016 Certain news channels a.iredvideos which
allegedly showed some persons raISIng
alleged anti-national slogans.
12.02.2016 FIR was registered against certain students
of the JNU under Section 124A and 120B of
the Indian Penal Code, 1860.
B
SYNOPSIS AND LIST OF DATES
That the present Writ Petition is being filed under
Article 32 of the Constitution of India by the Petitioner for
enforcement of the fundamental rights guaranteed under
Article 14 and 21 of the Constitution of India. The
immediate cause of filing this petition is the facts which
have come to light about the blatant violation of the rule
of law and also contempt on the face of court committed
by certain la'wyers, including Respondent Nos. 3 to 5, on
15.02.2016 and 17.02.2016 in the Patiala House court
prelnises and cOlnplete inaction of the Delhi Police which I has been exposed by the report of 5 senior advocates
dated 18.02.2016, report dated 19.02.2016 of the
National Hun1an Rights Commission as well the sting
operation dated 22.02.2106 conducted by the India
Today news channel.
09.02.2016 A cultural program called "A Country
Without a Post Office" was organized by
some of the students of the Jawaharlal
Nehru University (hereinafter 'JNU').
10.02.2016 Certain news channels a.iredvideos which
allegedly showed some persons raISIng
alleged anti-national slogans.
12.02.2016 FIR was registered against certain students
of the JNU under Section 124A and 120B of
the Indian Penal Code, 1860.
17.02.2016 2pm
D
accused namely Kanhaiya Kumar when he
was to be produced before the Metropolitan
Magistrate at the Patiala House Courts at 2
pm and to ensure that the court
proceedings were concluded without any
disruptions.
The Petitioner's counsel got a call from one
of the defense lawyers who had been
permitted by this Hon ble Court to I be
present at the Court of the ShriLoveleen,
Metropolitan Magistrate, Patiala House
Court. The Petitioner's counselwas told that
'; I
total pandemonium had broken out at the
court premises and the' defense lawyers had
been forced to lock themselves inside the
court room in order to save their lives from
the unruly mob of lawyers. The petitioner's
counsel immediately mentioned the events
which were being transpired at the Patiala . . .
House Court premised before the accused
Kanhaiya Kumar could be produced the
MM. While this Hon'ble Court was waiting
to get the version of the Delhi Police on
this, it was brought to the notice of the
17.02.2016 2pm
D
accused namely Kanhaiya Kumar when he
was to be produced before the Metropolitan
Magistrate at the Patiala House Courts at 2
pm and to ensure that the court
proceedings were concluded without any
disruptions.
The Petitioner's counsel got a call from one
of the defense lawyers who had been
permitted by this Hon ble Court to I be
present at the Court of the ShriLoveleen,
Metropolitan Magistrate, Patiala House
Court. The Petitioner's counselwas told that
'; I
total pandemonium had broken out at the
court premises and the' defense lawyers had
been forced to lock themselves inside the
court room in order to save their lives from
the unruly mob of lawyers. The petitioner's
counsel immediately mentioned the events
which were being transpired at the Patiala . . .
House Court premised before the accused
Kanhaiya Kumar could be produced the
MM. While this Hon'ble Court was waiting
to get the version of the Delhi Police on
this, it was brought to the notice of the
E
Hon'ble Court by the petitioner's counsel
and some senior lawyers thatthe accused
person was beaten up and journalists were
also assaulted despite the order passed by
this Hon'ble Court in the morning. This
Hon'ble Court directed a team .of lawyers to
inspect the Patiala House Courts and give a
report.
17.02.2016 At4.05pm The court appointed committee submitted
its oral report that the accused was badly
beaten up, journalists bashed up and
police again failed to maintain law and
order. The committee also mentioned that
they were abused in filthy language and
pelted with flower pots, pebbles and water
bottles'. I t was also informed that
lawyers and journalists were locked inside
the court room.
18.02.2016 The team of 5 senior lawyers who were sent
by this Hon'ble ·Court on 17.02.2016 to
Patiala House Court submitted its written
report to this Hon 'ble Court. The defense I
lawyers also submitted her report before.
this Hon 'ble Court
E
Hon'ble Court by the petitioner's counsel
and some senior lawyers thatthe accused
person was beaten up and journalists were
also assaulted despite the order passed by
this Hon'ble Court in the morning. This
Hon'ble Court directed a team .of lawyers to
inspect the Patiala House Courts and give a
report.
17.02.2016 At4.05pm The court appointed committee submitted
its oral report that the accused was badly
beaten up, journalists bashed up and
police again failed to maintain law and
order. The committee also mentioned that
they were abused in filthy language and
pelted with flower pots, pebbles and water
bottles'. I t was also informed that
lawyers and journalists were locked inside
the court room.
18.02.2016 The team of 5 senior lawyers who were sent
by this Hon'ble ·Court on 17.02.2016 to
Patiala House Court submitted its written
report to this Hon 'ble Court. The defense I
lawyers also submitted her report before.
this Hon 'ble Court
F
18.02.2016 News reports showed that the lawyers ( """'"
leading the assaults on 17.02.2016 and ~
....:0&.
15.02.2016 were the same and that the
said assaults were premeditated. The news
reports also mentioned that the police had
remained mute spectators to this open .~
.';".
violation of the law and the order or' this
Hon'ble Court. One news report carried 'the
first person account of a journalist about
the blatant mockery of the judicial process
and quoted the as saulters viz. "Ab Ie aao
SC koapnesaath. Kahaangaya SC isswaqt?
(Now bring the SC with you. Where is the
SC right now?)".
19.02.2016 An Associate Professor at Centre for
Economic Studies and planning; JNU, Mr.
Himanshu, had accompanied the defense
lawyers to attend the court hearing as a
faculty member, as per the direction of this
Hon'ble Court, and he has also given his
eye-witness account. He confirms that the
accused was attacked by a person wearing
dark sun glasses inside the court room but
" the police did not make any attempt to.
arrest him. The said Associate Professor
F
18.02.2016 News reports showed that the lawyers ( """'"
leading the assaults on 17.02.2016 and ~
....:0&.
15.02.2016 were the same and that the
said assaults were premeditated. The news
reports also mentioned that the police had
remained mute spectators to this open .~
.';".
violation of the law and the order or' this
Hon'ble Court. One news report carried 'the
first person account of a journalist about
the blatant mockery of the judicial process
and quoted the as saulters viz. "Ab Ie aao
SC koapnesaath. Kahaangaya SC isswaqt?
(Now bring the SC with you. Where is the
SC right now?)".
19.02.2016 An Associate Professor at Centre for
Economic Studies and planning; JNU, Mr.
Himanshu, had accompanied the defense
lawyers to attend the court hearing as a
faculty member, as per the direction of this
Hon'ble Court, and he has also given his
eye-witness account. He confirms that the
accused was attacked by a person wearing
dark sun glasses inside the court room but
" the police did not make any attempt to.
arrest him. The said Associate Professor
G
has been able to identify the said assailant
in a photograph published along with a
report In Hindustan Times dated
19.02.2016where he is seen weanng a
checked court and standing along with
other lawyers at the gate of Patiala House
Court.
19.02.2016 The National Human Rights Commission
issued a report on the crackdown of Delhi
police on the students of JNU and the
attack on the accused Kanhaiya Kumar
and others by lawyers in Patiala House
Court. The report has stated that the attack
in the Patiala House courts complex on
Kanhaiya Kumar on Wednesday "appears
to be organised and pre-planned. "
It further stated that the attack on Mr
Kumar, who was. "abused and physically
assaulted by some persons dressed as
advocates", was a major security lapse on
part of the police. The report also pulled up I
Delhi Police for "serious dereliction of duty"
and said it "did not do anything to prevent
the assault" on Kl~mar inside the Patiala
G
has been able to identify the said assailant
in a photograph published along with a
report In Hindustan Times dated
19.02.2016where he is seen weanng a
checked court and standing along with
other lawyers at the gate of Patiala House
Court.
19.02.2016 The National Human Rights Commission
issued a report on the crackdown of Delhi
police on the students of JNU and the
attack on the accused Kanhaiya Kumar
and others by lawyers in Patiala House
Court. The report has stated that the attack
in the Patiala House courts complex on
Kanhaiya Kumar on Wednesday "appears
to be organised and pre-planned. "
It further stated that the attack on Mr
Kumar, who was. "abused and physically
assaulted by some persons dressed as
advocates", was a major security lapse on
part of the police. The report also pulled up I
Delhi Police for "serious dereliction of duty"
and said it "did not do anything to prevent
the assault" on Kl~mar inside the Patiala
H
House Court premIses Wednesday
or"apprehend the attackers".
As per the report, "He was subjected to
psychological pressure duringinterrogatlon. I
The statement, which was issued by police
as an appeal on behalf of Kanhaiya KlJmar, • ~. I.
I
was not written by him voluntarily. The
content, construction and framework of the
statement were as dictated by the police".
22.02.2016 India Today aired a sting operation on 3
lawyer~, viz. Respondent Nos. 3 to 5,
wherein they have been shown saying that
they had beaten up the accused for 3 hours
in the presence of the police personnel. In
fact, they are claiming that the police were
not only supporting them but also
appreciating their acts. The Respondents
have admitted that the attacks were not
spontaneous but in fact were pre-planned.
The Respondent Nos. 3 to 5 also say that
they will the same acts of violence when the
,
accused is produced in the court again.
Respondent No.4 has been found brazenly
saying. that he will get a patrol bomb next·
H
House Court premIses Wednesday
or"apprehend the attackers".
As per the report, "He was subjected to
psychological pressure duringinterrogatlon. I
The statement, which was issued by police
as an appeal on behalf of Kanhaiya KlJmar, • ~. I.
I
was not written by him voluntarily. The
content, construction and framework of the
statement were as dictated by the police".
22.02.2016 India Today aired a sting operation on 3
lawyer~, viz. Respondent Nos. 3 to 5,
wherein they have been shown saying that
they had beaten up the accused for 3 hours
in the presence of the police personnel. In
fact, they are claiming that the police were
not only supporting them but also
appreciating their acts. The Respondents
have admitted that the attacks were not
spontaneous but in fact were pre-planned.
The Respondent Nos. 3 to 5 also say that
they will the same acts of violence when the
,
accused is produced in the court again.
Respondent No.4 has been found brazenly
saying. that he will get a patrol bomb next·
I
time and he will not leave him (the accused)
even if he is charged with murder for doing
so. He has also stated on camera that if he
is arrested he would like to go to the same
jail and visit th.e. accused's cell and beat
him up there itself. Link of the said sting
video is as follows:
http:;/indiatoday.intoday.in/ story; exc1usiv
e-kanhaiya-wet-his-pants-while-we-beat-
him-up-in-police-custody-say-lawyers-
behind -patiala-house-
assault/1/602690.html.
23.02.2016 The Times of India published a news story
that a judicial officer of the Patiala House
Court has written .an eye-witness account
to the District Judge concerned about the
incidents of 15.02.2016 and 17.02.2016
wherein he says that the attacks by the
lawyers were one-sided and against all
those who were not ~n lawyers' garbs. ,--
24.02.2016 HENCE THE PRESENT WRIT PETITION
I
time and he will not leave him (the accused)
even if he is charged with murder for doing
so. He has also stated on camera that if he
is arrested he would like to go to the same
jail and visit th.e. accused's cell and beat
him up there itself. Link of the said sting
video is as follows:
http:;/indiatoday.intoday.in/ story; exc1usiv
e-kanhaiya-wet-his-pants-while-we-beat-
him-up-in-police-custody-say-lawyers-
behind -patiala-house-
assault/1/602690.html.
23.02.2016 The Times of India published a news story
that a judicial officer of the Patiala House
Court has written .an eye-witness account
to the District Judge concerned about the
incidents of 15.02.2016 and 17.02.2016
wherein he says that the attacks by the
lawyers were one-sided and against all
those who were not ~n lawyers' garbs. ,--
24.02.2016 HENCE THE PRESENT WRIT PETITION
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
1
WRIT PETITION (CRL) NO. ___ ...,.--OF 2016
(Petition under Article 32 of the Constitution of India)
(PUBLIC INTEREST LITIGATION)
IN THE MATTER OF:
KAMINI JAISW~L 43, Lawyers, Chamber, Supreme Court of India, New Delhi - 110001
VERSUS
1. UNION OF INDIA MINISTRY OF HOME AFFAIRS THR.ITS SECRETARY NORTH BLOCK CENTRAL SECRETARIAT NEW DELHI - 110001
2. DELHI POLICE
... PETITIONER
THR. THE COMMISSIONER OF POLICE, I.P. ESTATE, ITO, NEW DELHI
3. VIKRAM SINGH CHAUHAN Advocate Through; Bar Council of India 21, Rouse Avenue Insti~"L!-tional Area,
Near BalBhawan, New Delhi - 110 002
4. YASHPAL SINGH Advocate Through; Bar Council of India
21, Rouse Avenue Institutional Area,
Near BalBhawan, New Delhi - 110 002
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
1
WRIT PETITION (CRL) NO. ___ ...,.--OF 2016
(Petition under Article 32 of the Constitution of India)
(PUBLIC INTEREST LITIGATION)
IN THE MATTER OF:
KAMINI JAISW~L 43, Lawyers, Chamber, Supreme Court of India, New Delhi - 110001
VERSUS
1. UNION OF INDIA MINISTRY OF HOME AFFAIRS THR.ITS SECRETARY NORTH BLOCK CENTRAL SECRETARIAT NEW DELHI - 110001
2. DELHI POLICE
... PETITIONER
THR. THE COMMISSIONER OF POLICE, I.P. ESTATE, ITO, NEW DELHI
3. VIKRAM SINGH CHAUHAN Advocate Through; Bar Council of India 21, Rouse Avenue Insti~"L!-tional Area,
Near BalBhawan, New Delhi - 110 002
4. YASHPAL SINGH Advocate Through; Bar Council of India
21, Rouse Avenue Institutional Area,
Near BalBhawan, New Delhi - 110 002
TO,
5. ,OM SHARMA Advocate Through; Bar Council of India 21, Rouse Avenue Institutional Area,
Near BalBhawan,
2
New Delhi - 110 002 .. , RESPONDENTS
WRIT PETITION UNDER ARTICLE 32 OF
THE CONSTITUTION OF INDIA READ WITH
ARTICLE 21 OF THE CONSTITUTION\ OF
INDIA SEEKING APPROPRIATE
WRIT/DIRECTIONS/ORDERS TO
INSTITUTE A SPECIAL INVESTIGATION
TEAM TO INVESTIGATE THE INCIDENTS
OF ATTACKS ON 15'.02.2016 AND
17.02.2016 BY SOME LAWYERS IN THE
PREMISES OF PATIALA HOUSE COURT ON
THE JOURNALIST, STUDENTS, TEACHERS,
DEFENCE LAWYERS AND THE ACCUSED
PERSON AND ALSO FOR ISSUANCE OF SUO
MOTO CONTEMPT PROCEEDING AGAINST
THE RESPONDENT ADVOCATES FOR
INTERFERING IN THE ADMINISTRATION
OF JUSTICE AND FOR WILLFULLY
VIOLATING THE ORDERS DATED
17.02.2016 OF THIS HON'BLE COURT.
THE HON'BLE THE CHIEF JUSTICE OF INDIA AND 'HIS
COMPANION JUDGES OF THE SUPREME COURT OF
INDIA
THE HUMBLE PETITION OF THE PETITIONER
ABOVENAMED
MOST RESPECTFULLY SHOWETH:
1. That the present Writ Petition IS being filed under
Article 32 of the Constitution of India by the Petitioner for ...... 9
enforcement of the fundamental rights guaranteed under
Article 14 and 21 of the Constitution of India. The immediate . cause of filing this petition is the facts which have come to ---
TO,
5. ,OM SHARMA Advocate Through; Bar Council of India 21, Rouse Avenue Institutional Area,
Near BalBhawan,
2
New Delhi - 110 002 .. , RESPONDENTS
WRIT PETITION UNDER ARTICLE 32 OF
THE CONSTITUTION OF INDIA READ WITH
ARTICLE 21 OF THE CONSTITUTION\ OF
INDIA SEEKING APPROPRIATE
WRIT/DIRECTIONS/ORDERS TO
INSTITUTE A SPECIAL INVESTIGATION
TEAM TO INVESTIGATE THE INCIDENTS
OF ATTACKS ON 15'.02.2016 AND
17.02.2016 BY SOME LAWYERS IN THE
PREMISES OF PATIALA HOUSE COURT ON
THE JOURNALIST, STUDENTS, TEACHERS,
DEFENCE LAWYERS AND THE ACCUSED
PERSON AND ALSO FOR ISSUANCE OF SUO
MOTO CONTEMPT PROCEEDING AGAINST
THE RESPONDENT ADVOCATES FOR
INTERFERING IN THE ADMINISTRATION
OF JUSTICE AND FOR WILLFULLY
VIOLATING THE ORDERS DATED
17.02.2016 OF THIS HON'BLE COURT.
THE HON'BLE THE CHIEF JUSTICE OF INDIA AND 'HIS
COMPANION JUDGES OF THE SUPREME COURT OF
INDIA
THE HUMBLE PETITION OF THE PETITIONER
ABOVENAMED
MOST RESPECTFULLY SHOWETH:
1. That the present Writ Petition IS being filed under
Article 32 of the Constitution of India by the Petitioner for ...... 9
enforcement of the fundamental rights guaranteed under
Article 14 and 21 of the Constitution of India. The immediate . cause of filing this petition is the facts which have come to ---
I
3
light about the blatant violation of the rule of law and also
contempt on the face of court comm,itted by certain lawyers,
including Respondent Nos. 3 to 5, on 15.02.2016 and ..
17.02.2016 in the Patiala House court premises and
complete inaction of the Delhi Police which has been exposed "}
by the report dated 18/2/16 of 5 senior advocates appointed ,
as court commISSIOners by this court, report dated I
~9.02.2016 of the National Human Rights Commission as
well the sting operation dated 22.02.2106 conducted by the
India Today news channel.
2. The Petitioner is a practicing advocate in this Hon'ble
Court.
3. Respondent No.1 is the Ministry of Home Affairs which
is entrusted with the responsibility of internal security and
law & order, etc. Respondent No. 2 is directly under the
control and supervision of Respondent No. 1. ___
• 4. Respondent NO.2 is Delhi Police. It is the duty of the
Respondent to ensure that there is law and order maintained
in the state of Delhi including Court premises. That the
Respondent No.2 has grossly direlectedin its duties in failing
to provide safety and security to the litigants, journalists ~ ~ 7
others in the Patiala House Court premises on the day when - .
the incident of took place.
I
3
light about the blatant violation of the rule of law and also
contempt on the face of court comm,itted by certain lawyers,
including Respondent Nos. 3 to 5, on 15.02.2016 and ..
17.02.2016 in the Patiala House court premises and
complete inaction of the Delhi Police which has been exposed "}
by the report dated 18/2/16 of 5 senior advocates appointed ,
as court commISSIOners by this court, report dated I
~9.02.2016 of the National Human Rights Commission as
well the sting operation dated 22.02.2106 conducted by the
India Today news channel.
2. The Petitioner is a practicing advocate in this Hon'ble
Court.
3. Respondent No.1 is the Ministry of Home Affairs which
is entrusted with the responsibility of internal security and
law & order, etc. Respondent No. 2 is directly under the
control and supervision of Respondent No. 1. ___
• 4. Respondent NO.2 is Delhi Police. It is the duty of the
Respondent to ensure that there is law and order maintained
in the state of Delhi including Court premises. That the
Respondent No.2 has grossly direlectedin its duties in failing
to provide safety and security to the litigants, journalists ~ ~ 7
others in the Patiala House Court premises on the day when - .
the incident of took place.
4
5. Respondent Nos. 3 to 5 are the, advocates who have
been found to be leading the attacks in the above mentioned
incidents as per various reports including media reports and ...
the sting operation aired on the India Today l-:.ews channel.
Since their addresses are not known to the Petitioner, they
have been Inade parties through Bar Council of Indi~.
6. That the Petitioner has no personal interest involved in
the present matter and only seeks to protect the rights of the
I citizens, litigants who in their individual capacity do not
possess the necessary knowledge or means to approach this
Hon'ble Court to seek redressal of their grievances. That the
... <;.
I
Petitioner is not involved in any litigation before any other
foru111/ court/ authority, which has a nexus with the instant
Petition.
7. It is sublnitted that the Petitioner has not approached
any Respondents or any other authority for the redressal of
his griev~ce all the alleged in this petition are in
public domain and still no action has been taken by the
concerned authorities. . . .. .
8. BRIEF FACTS:'
8.1. On 09.02.2016, a Cl.1ltur9.l progranl. called "A
C011ntry without a Post Office" was organized by
4
5. Respondent Nos. 3 to 5 are the, advocates who have
been found to be leading the attacks in the above mentioned
incidents as per various reports including media reports and ...
the sting operation aired on the India Today l-:.ews channel.
Since their addresses are not known to the Petitioner, they
have been Inade parties through Bar Council of Indi~.
6. That the Petitioner has no personal interest involved in
the present matter and only seeks to protect the rights of the
I citizens, litigants who in their individual capacity do not
possess the necessary knowledge or means to approach this
Hon'ble Court to seek redressal of their grievances. That the
... <;.
I
Petitioner is not involved in any litigation before any other
foru111/ court/ authority, which has a nexus with the instant
Petition.
7. It is sublnitted that the Petitioner has not approached
any Respondents or any other authority for the redressal of
his griev~ce all the alleged in this petition are in
public domain and still no action has been taken by the
concerned authorities. . . .. .
8. BRIEF FACTS:'
8.1. On 09.02.2016, a Cl.1ltur9.l progranl. called "A
C011ntry without a Post Office" was organized by
5
some of the students of the Jawaharlal Nehru
University (hereinafter 'JNU').
8.2. That on 12.02.2016, an FIR was registered against
certain students of the JNU und.er Section 124A
and 120B of the Indian PenaL Code, 1860. On
12.02.2016, Mr. Kanhaiya Kumar, the st,::,!-dent
union president of Jawaharlal Nehr\! University,
\ivas arrested on the basis of the said FIR.
8.3. On 15.02.2016 when Kanhaiya Kumar was to be
produced before the Magistrate at Patiala House
Courts, students and teachers from JNU and
)1 journalists were attacked by some criminal
elements, including advocates and a sitting member
of the Delhi legislative assembly, in Patiala House
Court. The injured journalist.and defense advocates
approached the police to register FIRs on the basis
of a written complaint and to give, the names of the
advocates who were leading the attack but even
though the facts of the said event were in public
d0111ain and the pictures and videos, of the said
advocates and MLA were being circulated in the
lTIedia, still the Delhi police refused to register FIR
on the basis of the said' complaint. Copies of the
some news reports dated 16.02.2016 giving details' --
5
some of the students of the Jawaharlal Nehru
University (hereinafter 'JNU').
8.2. That on 12.02.2016, an FIR was registered against
certain students of the JNU und.er Section 124A
and 120B of the Indian PenaL Code, 1860. On
12.02.2016, Mr. Kanhaiya Kumar, the st,::,!-dent
union president of Jawaharlal Nehr\! University,
\ivas arrested on the basis of the said FIR.
8.3. On 15.02.2016 when Kanhaiya Kumar was to be
produced before the Magistrate at Patiala House
Courts, students and teachers from JNU and
)1 journalists were attacked by some criminal
elements, including advocates and a sitting member
of the Delhi legislative assembly, in Patiala House
Court. The injured journalist.and defense advocates
approached the police to register FIRs on the basis
of a written complaint and to give, the names of the
advocates who were leading the attack but even
though the facts of the said event were in public
d0111ain and the pictures and videos, of the said
advocates and MLA were being circulated in the
lTIedia, still the Delhi police refused to register FIR
on the basis of the said' complaint. Copies of the
some news reports dated 16.02.2016 giving details' --
6
of the said events at Patiala House are annexed
herewith as ANNEXURE P-l (Pages D.'A-'>it}.The
aforesaid facts have been also confirmed by 5
faculty members of the JNU who were present in the
Patiala House Court premises on 15.02.2016. A
copy of the said report dated nil is annexed ..... ,.
here\;\iith as ANNEXURE P-2' (Pages ~~Sb).
Despite the fact that the entire incident was widely
reported in newspaper reports and some of I the
lawyers, including the Respondent Nos 3 tc?? were
not only identified but they also admitted their ("
involvement, still the. police did not make anl --attempt to arrest them.
8.4. That on 16.02.2016, the above-mentioned events of
15.02.2016 led to the filing of a writ petition before
this Hon'ble Court. In the morning of 17.02.2016
after a detailed hearing, this Hon'ble Court issued
detailed orders to ensure safety of the acc~;ed
nmnely Kanhaiya Kumar when ~e was to be ;;=- --
produced before the Metropolitan 'Magistrate at the
-Patiala House Courts at 2 pm and to ensure that
the ~:s!t proceedings were concluded without ~ ---~
disruptions. A copy of the .order dated 17.02.2016 in
the Writ petition (Criminal) No. 25 o~ .. 2016 is'
6
of the said events at Patiala House are annexed
herewith as ANNEXURE P-l (Pages D.'A-'>it}.The
aforesaid facts have been also confirmed by 5
faculty members of the JNU who were present in the
Patiala House Court premises on 15.02.2016. A
copy of the said report dated nil is annexed ..... ,.
here\;\iith as ANNEXURE P-2' (Pages ~~Sb).
Despite the fact that the entire incident was widely
reported in newspaper reports and some of I the
lawyers, including the Respondent Nos 3 tc?? were
not only identified but they also admitted their ("
involvement, still the. police did not make anl --attempt to arrest them.
8.4. That on 16.02.2016, the above-mentioned events of
15.02.2016 led to the filing of a writ petition before
this Hon'ble Court. In the morning of 17.02.2016
after a detailed hearing, this Hon'ble Court issued
detailed orders to ensure safety of the acc~;ed
nmnely Kanhaiya Kumar when ~e was to be ;;=- --
produced before the Metropolitan 'Magistrate at the
-Patiala House Courts at 2 pm and to ensure that
the ~:s!t proceedings were concluded without ~ ---~
disruptions. A copy of the .order dated 17.02.2016 in
the Writ petition (Criminal) No. 25 o~ .. 2016 is'
7
annexed and marked as ANNEXURE P~3(Pages
8.5. That. on 17.02.2016, at around 2 pm,thePetitioner's /'
counsel got a call from one of the defense lawyers
who had been permitted by this Hon ble Court to be
present at the Court of the ShriLoveleen, ."".
Metropolitan Magistrate, Patiala House C01?-~.t. The
Petitioner's counsel was told that total
pandemonium had bro~ep out at the court premises
and the defense lawyers had been forced to lock
themselves inside the court room in order to save
their lives from the unruly mob of lawyers. The
petitioner's counsel immediately mentioned the
even ts which were being transpired at the Patiala
House Court premised before the accused Kanhaiya
Kun1ar could be produced the MM. While this
Hon'ble Court was waiting to get the version of the
Delhi Police on this, it was brought to the notice of
the Hon ble Court by the petitioner's counsel and
some senior lawyers that the accused person was
beaten up and journalists assaulted again despite
the order passed by this Hon ble Court in the
I
morning. This. Hon ble Court directed a team of
lavvyers to inspect the Patiala House Courts and.
gIve a report. A copy of the second order dated
7
annexed and marked as ANNEXURE P~3(Pages
8.5. That. on 17.02.2016, at around 2 pm,thePetitioner's /'
counsel got a call from one of the defense lawyers
who had been permitted by this Hon ble Court to be
present at the Court of the ShriLoveleen, ."".
Metropolitan Magistrate, Patiala House C01?-~.t. The
Petitioner's counsel was told that total
pandemonium had bro~ep out at the court premises
and the defense lawyers had been forced to lock
themselves inside the court room in order to save
their lives from the unruly mob of lawyers. The
petitioner's counsel immediately mentioned the
even ts which were being transpired at the Patiala
House Court premised before the accused Kanhaiya
Kun1ar could be produced the MM. While this
Hon'ble Court was waiting to get the version of the
Delhi Police on this, it was brought to the notice of
the Hon ble Court by the petitioner's counsel and
some senior lawyers that the accused person was
beaten up and journalists assaulted again despite
the order passed by this Hon ble Court in the
I
morning. This. Hon ble Court directed a team of
lavvyers to inspect the Patiala House Courts and.
gIve a report. A copy of the second order dated
8
17.02.2016 of this Honble Court in Writ petition
(Criminal) No. 2S of 2016 is annexed herewith as
ANNEXURE P-4(Pages 49~L{ 6 ).
8.6.That. on 17.02.2016, at 4.05pm,
the court appointed committee submitted its oral
report that tlle accused was badly beate12-:.: 'up, .\ ..
journalists bashed up and police again failed to
maintain law and order. The committee also
men tioned that they were abused in filthy language
and pelt.ed with flower pots, pebbles and water
bottles. It was also informed that
laV;T:;lers and journalists were locked inside the court
rOOlTI.
8.7 That on 18.02.2016; News reports showed that the ----,..,. - -;:::::=-
lawyers leading the assaults on 17.02.2016 and
15.02.2016 were the same and that the said
assaults were premeditated. The news reports also
mentioned that the police had remained mute
spectators to this open violation of the law and the
order of this Hon 'ble Court. Copies of the said News
.. ' Reports dated 18.02.2016 are annexed and marked
as ANNEXURE P-S(Pages 41--61.0ne news report
carried the first person account of a j ournalis t
about the blatant mockery of the judicial process'
8
17.02.2016 of this Honble Court in Writ petition
(Criminal) No. 2S of 2016 is annexed herewith as
ANNEXURE P-4(Pages 49~L{ 6 ).
8.6.That. on 17.02.2016, at 4.05pm,
the court appointed committee submitted its oral
report that tlle accused was badly beate12-:.: 'up, .\ ..
journalists bashed up and police again failed to
maintain law and order. The committee also
men tioned that they were abused in filthy language
and pelt.ed with flower pots, pebbles and water
bottles. It was also informed that
laV;T:;lers and journalists were locked inside the court
rOOlTI.
8.7 That on 18.02.2016; News reports showed that the ----,..,. - -;:::::=-
lawyers leading the assaults on 17.02.2016 and
15.02.2016 were the same and that the said
assaults were premeditated. The news reports also
mentioned that the police had remained mute
spectators to this open violation of the law and the
order of this Hon 'ble Court. Copies of the said News
.. ' Reports dated 18.02.2016 are annexed and marked
as ANNEXURE P-S(Pages 41--61.0ne news report
carried the first person account of a j ournalis t
about the blatant mockery of the judicial process'
9
and quoted the assaulters V1Z. "Ab Ie aao SC
koapnesaath. Kahaangaya SC isswaqt? (Now bring
the SC with you. Where is the SC right now?) ".
,--
8.8 The team of 5 senior lawyers who were sent by thi$
Hon'ble Court on 17.02.2016 to Patiala House Court ,
submitted its written r~port to this Han ble <;~ur.t.
They have observed the following facts in the said
report:
(The atmosphere outside was surcharged and
intimidating. Abuses were also shouted and hurled
on Mr. Sibal and all other committee members. Then~
was an instigation to intimidate the committee
members and create an atmosphere of fear and
terror. The upbeat mood of the crowd in lawyers)
dress who con~inuously were shouting slogans and
abuses to present a terrorizing atmosphere was
clearly visible. )) The P9lice team which had
accompanied the Committee members from the
Hon'ble Supreme Court realized the gravity of the
situation and circled the Committee members by
forming a Security nng of the officers as the
Committee rnembers started walking from the court
room towards the gate to gQ (sic) the Supreme Court
In the police vehicles. Said ring of the police'
9
and quoted the assaulters V1Z. "Ab Ie aao SC
koapnesaath. Kahaangaya SC isswaqt? (Now bring
the SC with you. Where is the SC right now?) ".
,--
8.8 The team of 5 senior lawyers who were sent by thi$
Hon'ble Court on 17.02.2016 to Patiala House Court ,
submitted its written r~port to this Han ble <;~ur.t.
They have observed the following facts in the said
report:
(The atmosphere outside was surcharged and
intimidating. Abuses were also shouted and hurled
on Mr. Sibal and all other committee members. Then~
was an instigation to intimidate the committee
members and create an atmosphere of fear and
terror. The upbeat mood of the crowd in lawyers)
dress who con~inuously were shouting slogans and
abuses to present a terrorizing atmosphere was
clearly visible. )) The P9lice team which had
accompanied the Committee members from the
Hon'ble Supreme Court realized the gravity of the
situation and circled the Committee members by
forming a Security nng of the officers as the
Committee rnembers started walking from the court
room towards the gate to gQ (sic) the Supreme Court
In the police vehicles. Said ring of the police'
10
officers/ cordone was broken on more than three
occasions by the lawyers who were present in the
Court Compound despite the presence of other DE(lhi
Police Personnel. There was continuous 'slogan
raising) shouting) hurling of abuses throughout. After
coming out of the court bUIlding within the premises ",
of the Patiala House Court) sand stones were thrown
on the members of the Committee. Even a sharp piece
of a broken flower pot was also thrown. A half-filled
plastic water bottle was also thrown. The
intimidating shouting and chanting of slogans
continued. That but for the security ring provided by
the officers of the Supreme Court Security police) it
would not have been possible for the Committee
members to come out unscathed. It was only on
account of the security cover provided by the DCP Mr.
Bharadwaj of the Supreme . Court and his personnel
accompanying the members that the committee
members could be safely evacuated from Court I
premises. Though ther,e. was large number of police
personnel deployed) they could not contain the other ==-
All Committee members felt that the atmosphere) to
say the least not being at all congenial) was
)
10
officers/ cordone was broken on more than three
occasions by the lawyers who were present in the
Court Compound despite the presence of other DE(lhi
Police Personnel. There was continuous 'slogan
raising) shouting) hurling of abuses throughout. After
coming out of the court bUIlding within the premises ",
of the Patiala House Court) sand stones were thrown
on the members of the Committee. Even a sharp piece
of a broken flower pot was also thrown. A half-filled
plastic water bottle was also thrown. The
intimidating shouting and chanting of slogans
continued. That but for the security ring provided by
the officers of the Supreme Court Security police) it
would not have been possible for the Committee
members to come out unscathed. It was only on
account of the security cover provided by the DCP Mr.
Bharadwaj of the Supreme . Court and his personnel
accompanying the members that the committee
members could be safely evacuated from Court I
premises. Though ther,e. was large number of police
personnel deployed) they could not contain the other ==-
All Committee members felt that the atmosphere) to
say the least not being at all congenial) was
)
11
surcharging, threatening and frightening and the
Police had completely failed in its duty to contain the
atmosphere and the crowd.))
As per the said report, "According to Committee
melnbers unanimously) the responsibility had to be
fastened on all the police personnel who .: .. were .'1,
present there and were aware of the direction of this
Hon'ble Court despite this unauthorisedly two
persons were knowingly permitted to enter and let
assault take place in the Court Room and outside in
the Court premises.
A copy of the report dated 18.02.2016 by a team of
5 senior law'yers annexed hereto as ANNEXURE p-
61Pages bS,- \01-).
The defense lawyers also submitted their report
before this Hon 'bl~ Court wherein they have ,given
their eye-witness account. They have in th'e"lr report
affirmed that the accused was badly beaten by the
lavryers when qe was brought to the court building
and also inside the Court hall no. 3 by an
unidentified person. Copy of the report of defense
lavvyers dated nil is being annexed hereto as
ANNEXURE P-7(Pages (1,)g---/1J ).
11
surcharging, threatening and frightening and the
Police had completely failed in its duty to contain the
atmosphere and the crowd.))
As per the said report, "According to Committee
melnbers unanimously) the responsibility had to be
fastened on all the police personnel who .: .. were .'1,
present there and were aware of the direction of this
Hon'ble Court despite this unauthorisedly two
persons were knowingly permitted to enter and let
assault take place in the Court Room and outside in
the Court premises.
A copy of the report dated 18.02.2016 by a team of
5 senior law'yers annexed hereto as ANNEXURE p-
61Pages bS,- \01-).
The defense lawyers also submitted their report
before this Hon 'bl~ Court wherein they have ,given
their eye-witness account. They have in th'e"lr report
affirmed that the accused was badly beaten by the
lavryers when qe was brought to the court building
and also inside the Court hall no. 3 by an
unidentified person. Copy of the report of defense
lavvyers dated nil is being annexed hereto as
ANNEXURE P-7(Pages (1,)g---/1J ).
12
The report dated 17.02.2016 by the Registrar
General, High Court of Delhi raises question about
the role of Sh. JatinNarwal,DCP, New Delhi who
despite insistence on the part of the ld. Registrar
General of the Delhi High Court, did not apprehend
the unauthorized person in plain clothes present in
,
the Court of the Id. MM.Apart from the aforesaid
reports, a report dated 19.02.2106 by ShriAjit
Kumar Sinha, Sr. Advocate who had gone with the
team of 5 senior lawyers and the report dated
19.02.2016 of. the Delhi Police, have also been
submitted before this Hon ble Court. Copy of report
dated 17.02.2016 by the Registrar General, High
Court of Delhi is being annexed hereto as
ANNEXURE P-8(Pages 11'.2. ... 1?. 0 }. Copy of thereport
dated 19.02.2106 by ShriAjit Kumar Sinha, Sr.
Advocate is being annexed hereto as ANNEXURE p-
9(Pages \~) ).Copy of the report dated
19.02.2016 of the Delhi Policeis being annexed
hereto as ANNEXURE P-IO(Pages Id?-.-Idf ).
8.9. That on 19.02.2016, the National Human Rights
COlnmission issued a report on the crackdown of
Delhi police on, the students of JNU and the attack,
on the accused Kanhaiya Kumar and others by
12
The report dated 17.02.2016 by the Registrar
General, High Court of Delhi raises question about
the role of Sh. JatinNarwal,DCP, New Delhi who
despite insistence on the part of the ld. Registrar
General of the Delhi High Court, did not apprehend
the unauthorized person in plain clothes present in
,
the Court of the Id. MM.Apart from the aforesaid
reports, a report dated 19.02.2106 by ShriAjit
Kumar Sinha, Sr. Advocate who had gone with the
team of 5 senior lawyers and the report dated
19.02.2016 of. the Delhi Police, have also been
submitted before this Hon ble Court. Copy of report
dated 17.02.2016 by the Registrar General, High
Court of Delhi is being annexed hereto as
ANNEXURE P-8(Pages 11'.2. ... 1?. 0 }. Copy of thereport
dated 19.02.2106 by ShriAjit Kumar Sinha, Sr.
Advocate is being annexed hereto as ANNEXURE p-
9(Pages \~) ).Copy of the report dated
19.02.2016 of the Delhi Policeis being annexed
hereto as ANNEXURE P-IO(Pages Id?-.-Idf ).
8.9. That on 19.02.2016, the National Human Rights
COlnmission issued a report on the crackdown of
Delhi police on, the students of JNU and the attack,
on the accused Kanhaiya Kumar and others by
13 ,
la\vyeTs in Patiala House Court. The report has
stated that the attack in the Patiala House courts
cOlnplex on Kanhaiya Kumar on Wednesday
"appears to be organised and pre-planned."
It further stated that the attack on Mr Kumar, 'who
was "abused and physically assaulted by some . ~~;.:
, "
persons dressed as advocates", was a major security
lapse on part of the police. The report also pulled up
Delhi Police for "serious dereliction' of duty" and
said it "did not do anything to prevent the assault"
on Kumar inside the Patiala House Court premises
Wednesday or "apprehend the attackers" .
As per the report, "He was subjected to
psychological pressure during interrogation. I The
staten1ent, which was issued by police as an' appeal
on behalf of Kanhaiya Kumar, was not written by
hin1 voluntarily. The' content, construction and
frarnework of the statement were as dictated by the
police" A copy of the new report dated 19.02.2016 is
annexed herewith as ANNEXURE P-ll(Pages '~SO-/3J. I
,
On 17/2/16, an Associate Professor at Centre for
EconOlnic Studies and planning, JNU, Mr.
Himanshu, had accompanied the defense lawyers to
attend the court hearing as a faculty member, as '
per the direction of this Hon 'ble Court, and he has
13 ,
la\vyeTs in Patiala House Court. The report has
stated that the attack in the Patiala House courts
cOlnplex on Kanhaiya Kumar on Wednesday
"appears to be organised and pre-planned."
It further stated that the attack on Mr Kumar, 'who
was "abused and physically assaulted by some . ~~;.:
, "
persons dressed as advocates", was a major security
lapse on part of the police. The report also pulled up
Delhi Police for "serious dereliction' of duty" and
said it "did not do anything to prevent the assault"
on Kumar inside the Patiala House Court premises
Wednesday or "apprehend the attackers" .
As per the report, "He was subjected to
psychological pressure during interrogation. I The
staten1ent, which was issued by police as an' appeal
on behalf of Kanhaiya Kumar, was not written by
hin1 voluntarily. The' content, construction and
frarnework of the statement were as dictated by the
police" A copy of the new report dated 19.02.2016 is
annexed herewith as ANNEXURE P-ll(Pages '~SO-/3J. I
,
On 17/2/16, an Associate Professor at Centre for
EconOlnic Studies and planning, JNU, Mr.
Himanshu, had accompanied the defense lawyers to
attend the court hearing as a faculty member, as '
per the direction of this Hon 'ble Court, and he has
14
also given his eye-witness accol;lnt. He confirms that
the accused was attacked by a person wearing dark
sun glasses inside the court room but the police did
not lnal<e any attempt to arrest him. The said
Associate Professor has been able to identify the
said assailant in a photograph published along with ~,
•••• /0.
, .
a report in Hindustan Times dated 19.02.2016
where he is seen wearing a checked court and
standing along with, other lavryers at the gate of
Patiala House Court. Copy of, the eye-witness
account of Mr. Himashu, Associate Professor, JNU
dated nil is annexed hereto as ANNEXURE p-
12(Pages ~~(~3' Copy of the Hindustan Times
report dated 19.02.2016 is being annexed hereto as
ANNEXURE 'P-13(Pages (3 Y ).
8.10.' That on 22.02.2016, India Today aired a sting
operation on 3 lawyers, viz. Respondent Nos. 3 to 5,
wherein they have been shown saying that they had
beaten up the accused for 3 hours in the presence
of the police personnel. In fact, they are claiming
that the police were not only supporting them but
also appreciating their acts. The Respondents have
admitted that the attacks were not spontaneous but,
in fact were pre-planned. The Re:spondent Nos. 3 to
14
also given his eye-witness accol;lnt. He confirms that
the accused was attacked by a person wearing dark
sun glasses inside the court room but the police did
not lnal<e any attempt to arrest him. The said
Associate Professor has been able to identify the
said assailant in a photograph published along with ~,
•••• /0.
, .
a report in Hindustan Times dated 19.02.2016
where he is seen wearing a checked court and
standing along with, other lavryers at the gate of
Patiala House Court. Copy of, the eye-witness
account of Mr. Himashu, Associate Professor, JNU
dated nil is annexed hereto as ANNEXURE p-
12(Pages ~~(~3' Copy of the Hindustan Times
report dated 19.02.2016 is being annexed hereto as
ANNEXURE 'P-13(Pages (3 Y ).
8.10.' That on 22.02.2016, India Today aired a sting
operation on 3 lawyers, viz. Respondent Nos. 3 to 5,
wherein they have been shown saying that they had
beaten up the accused for 3 hours in the presence
of the police personnel. In fact, they are claiming
that the police were not only supporting them but
also appreciating their acts. The Respondents have
admitted that the attacks were not spontaneous but,
in fact were pre-planned. The Re:spondent Nos. 3 to
15
5 also say that they will repeat the same acts of
violence when the accused is produced in the court
again. Respondent No.4 has been found brazenly
saying that he will get a patrol bomb next time and
he vvill not leave him (the accused) even if he is
charged with murder for doing so. He has also ''.'},
, ..
stated on camera that if he is arrested he would like
to go to the same jail and visit the accused's cell
and beat him up there itself. A copy of the news
report dated 22.02.2016 containing the transcript of
relevan t extracts downloaded from the India today I
website is annexed herewith as ANNEXURE p-
14(Pagesj?f{-\SfLink of the said sting video IS as
follows:
http:// indiatoday.intoday.in I story! exclusive-
kanhaiva-wet-his-pants~while-we-beat-him-up-in-
police-custody-say-lawyers-behind-patiala-house-
assault/1/602690,html.
I 8.11. That on 23.02.2016, the Times of India published a
news story that a judicial officer of the Patiala
House Court has written an eye-witness account to
the District Judge concerned about the incidents of
15.02.2016 and 17.02.2016 wherein he says that
the attacks by the lawyers were one-sided and
15
5 also say that they will repeat the same acts of
violence when the accused is produced in the court
again. Respondent No.4 has been found brazenly
saying that he will get a patrol bomb next time and
he vvill not leave him (the accused) even if he is
charged with murder for doing so. He has also ''.'},
, ..
stated on camera that if he is arrested he would like
to go to the same jail and visit the accused's cell
and beat him up there itself. A copy of the news
report dated 22.02.2016 containing the transcript of
relevan t extracts downloaded from the India today I
website is annexed herewith as ANNEXURE p-
14(Pagesj?f{-\SfLink of the said sting video IS as
follows:
http:// indiatoday.intoday.in I story! exclusive-
kanhaiva-wet-his-pants~while-we-beat-him-up-in-
police-custody-say-lawyers-behind-patiala-house-
assault/1/602690,html.
I 8.11. That on 23.02.2016, the Times of India published a
news story that a judicial officer of the Patiala
House Court has written an eye-witness account to
the District Judge concerned about the incidents of
15.02.2016 and 17.02.2016 wherein he says that
the attacks by the lawyers were one-sided and
8.12.
16
against all those who were not In lawyers' garbs.
The saidreport dated 23.02.2016 is annexed as
Annexure P/15. ( lfClJ€ (~V
That on 24.02.2016, apparently Respondent
No.4 was arrested and later let out on bail.
9. In the light of all the facts and circumstances
narrated above, the petitioner seeks the intervention
of the court on the following among other:
GROUNDS
A. Because the inaction of the Delhi Police In
preventing the events of 15.02.2016 and 17.02.2016
at Patiala House Court appears deliberate and
malafide and has led to and threatens the
fundamental rights if people guaranteed by article
21 of the Constitution of India.
B. Because the reports of the Court Commissioners
and that of the National Human Rights Commission
has not only indicted the Delhi Police for its failure
to prevent the attacks by the lawyers and to ensure
the safety of the accused person but the NHRC has
also adversely commented upon, the manner Hl
which the Delhi Police has forced the accused to
issue a statement while in custody.
8.12.
16
against all those who were not In lawyers' garbs.
The saidreport dated 23.02.2016 is annexed as
Annexure P/15. ( lfClJ€ (~V
That on 24.02.2016, apparently Respondent
No.4 was arrested and later let out on bail.
9. In the light of all the facts and circumstances
narrated above, the petitioner seeks the intervention
of the court on the following among other:
GROUNDS
A. Because the inaction of the Delhi Police In
preventing the events of 15.02.2016 and 17.02.2016
at Patiala House Court appears deliberate and
malafide and has led to and threatens the
fundamental rights if people guaranteed by article
21 of the Constitution of India.
B. Because the reports of the Court Commissioners
and that of the National Human Rights Commission
has not only indicted the Delhi Police for its failure
to prevent the attacks by the lawyers and to ensure
the safety of the accused person but the NHRC has
also adversely commented upon, the manner Hl
which the Delhi Police has forced the accused to
issue a statement while in custody.
17
C. Because vanous eye witness accounts from
15.02.2016 and 17.02.2016 also state that the
police had remained mute spectators to the acts of
violence comlnitted by the lawyers and others.
D. Because the said sting operation. shows the
Respondent Nos. 3-5 stating that the police;~\wel:"e
not only supporting them but also appreciating
their acts, thereby substantiating the a~counts from
all sources that the police were not doing their duty
of maintaining order and not 'implementing the
orders of the court. In such circumstances, it would
be futile to allow the same Police to investigate the
events of 15 and 17 Feb at Patiala House, and that
a fair investigation would only be possible through
an SIT appointed by this court.
E. Because the said sting operation shows the
Respondent Nos. 3-5 stating that they will repeat
the same acts of violence when the accused is
produced in the court again. Respondent No.4 has
been found brazenly saying that he will get a petrol
bomb next time and he . will not leave him (the
accused) even if he is charged with murder for doing .. '
so, He has also stated on camera that if he is
arrested he would li~~ to go to the same jail and
17
C. Because vanous eye witness accounts from
15.02.2016 and 17.02.2016 also state that the
police had remained mute spectators to the acts of
violence comlnitted by the lawyers and others.
D. Because the said sting operation. shows the
Respondent Nos. 3-5 stating that the police;~\wel:"e
not only supporting them but also appreciating
their acts, thereby substantiating the a~counts from
all sources that the police were not doing their duty
of maintaining order and not 'implementing the
orders of the court. In such circumstances, it would
be futile to allow the same Police to investigate the
events of 15 and 17 Feb at Patiala House, and that
a fair investigation would only be possible through
an SIT appointed by this court.
E. Because the said sting operation shows the
Respondent Nos. 3-5 stating that they will repeat
the same acts of violence when the accused is
produced in the court again. Respondent No.4 has
been found brazenly saying that he will get a petrol
bomb next time and he . will not leave him (the
accused) even if he is charged with murder for doing .. '
so, He has also stated on camera that if he is
arrested he would li~~ to go to the same jail and
19
visit the accused's cell and beat him up there itself.
This raises serious apprehension about the safety of
the accused person and others attending the court
proceedings in future.
F. Because the report of the NHRC as well as· the sting
operation conducted by the India Today show that
the attacks on 15.02.2016 and 17.02.2016 were
pren1editated and thus the attacking lawyers
including the Respondent advocates had cOIDlnitted
conten1pt in the face of law by interfering·iil. the
achninistration of Justice.
'G. Because the Respondent advocates have
deliberately violated the orders passed by this
Hon'ble Court on 17,02.2016 and thus committed
vvillful defiance of this Hon ble Court's orders and
thereby COlTIlTIitting conten1pt of this Hon'ble Court.
10. That the Petitioners have not filed any
Petition before any High Court or this Hon'ble
Court seeking the same or similar relief. No injury
is caused or likely to be caused to the public.
PAAYER
Under the circuI11stances 111entioned above, it IS
1110St hUlnbly prayed that this Hon 7ble Court:
19
visit the accused's cell and beat him up there itself.
This raises serious apprehension about the safety of
the accused person and others attending the court
proceedings in future.
F. Because the report of the NHRC as well as· the sting
operation conducted by the India Today show that
the attacks on 15.02.2016 and 17.02.2016 were
pren1editated and thus the attacking lawyers
including the Respondent advocates had cOIDlnitted
conten1pt in the face of law by interfering·iil. the
achninistration of Justice.
'G. Because the Respondent advocates have
deliberately violated the orders passed by this
Hon'ble Court on 17,02.2016 and thus committed
vvillful defiance of this Hon ble Court's orders and
thereby COlTIlTIitting conten1pt of this Hon'ble Court.
10. That the Petitioners have not filed any
Petition before any High Court or this Hon'ble
Court seeking the same or similar relief. No injury
is caused or likely to be caused to the public.
PAAYER
Under the circuI11stances 111entioned above, it IS
1110St hUlnbly prayed that this Hon 7ble Court:
a.
19
Issue an appropriate writ, order oydirection to
constitute a Special Inve~tig$.tion Team to
investigate the incidents of attacks on 15.02.2016
and 17.02.2016 by some lavvyers and others in th
pren1ises of Patiala house court on the journalists,
students, teachers, defense lavvyfu aI:.S. __ the \,
accused person, and, 'if found guilty, initiate action . -
theln in accordance with law
b. Iss'ue suo 1110tO conten1pt proceeding against the
Respondent Nos. 3-5 for interfering In the
adlninistration of justice and for willfully violat~ng
the orders dated 17.02.2016 of this Hon'b1e Court,
and, if found guilty, take consequent action there . . f h .. -------1 . . /)
c.
upon In exerCIse 0 t e constltutlOna provlslO~
Pass
may
r-" such further and other orders as the Court
~ deen1 fit in the interest of justice and
CirCUITIstances of the present case. r-
FILED BY:
PRASHAI'{T BHUSHAN ADVOCATE FOR THE PETITIONER
DRAWN BY:
(~ DRAWN ON: 23.02.2016 FILED ON: ,~,02.2016
a.
19
Issue an appropriate writ, order oydirection to
constitute a Special Inve~tig$.tion Team to
investigate the incidents of attacks on 15.02.2016
and 17.02.2016 by some lavvyers and others in th
pren1ises of Patiala house court on the journalists,
students, teachers, defense lavvyfu aI:.S. __ the \,
accused person, and, 'if found guilty, initiate action . -
theln in accordance with law
b. Iss'ue suo 1110tO conten1pt proceeding against the
Respondent Nos. 3-5 for interfering In the
adlninistration of justice and for willfully violat~ng
the orders dated 17.02.2016 of this Hon'b1e Court,
and, if found guilty, take consequent action there . . f h .. -------1 . . /)
c.
upon In exerCIse 0 t e constltutlOna provlslO~
Pass
may
r-" such further and other orders as the Court
~ deen1 fit in the interest of justice and
CirCUITIstances of the present case. r-
FILED BY:
PRASHAI'{T BHUSHAN ADVOCATE FOR THE PETITIONER
DRAWN BY:
(~ DRAWN ON: 23.02.2016 FILED ON: ,~,02.2016
IN THE SUPREME COURT OF INDIA
(CRIMINAL ORIGINAL JURISDICTION)
WRIT PETITION (CRIMINAL) No. of 2016
IN THE MATTER OF PUBLIC INTEREST LITIGATION:
KAMINI J AI SW AL
VERSUS
UNION OF INDIA & OTHERS
... PETITIONER
... RESPONDENTS
AFFIDAVIT
I, Ms. Kamini Jaiswal, aged 58 years, D / 0 Shri R S Jaiswal,
having its office at 43, Lawyer's Chambers, Supreme Court of
India, New Delhi do hereby solemnly affirm and state on oath
as under:-
1. That I mn the Petitioner in the aforementioned writ
petition and am well conversant with the facts and records of
I
the case and therefore, competent and authorized to swear
this affidavit.
2. That I have read the contents of the List of dates and
Synopsis (Pages ~_to -:I_L Writ P~tition (Pages _l~ to ~, ."..
para 1 __ - ~~L), and Application for Interim Direction (Pages _
to __ ) and the contents of the smne are believed to ,be true
and correct to the best of my knowledge and based on the
records of the case.
3. I further state that all the Annexures to this Writ Petition
are true copies of their respective originals. The instant public
interest litigation is being filed without' guided by any
personal interest, private motive or oblique reasons.
4. I state that I have accordingly instructed my advocate
on record and the Writ Petition and h t e accompanying
IN THE SUPREME COURT OF INDIA
(CRIMINAL ORIGINAL JURISDICTION)
WRIT PETITION (CRIMINAL) No. of 2016
IN THE MATTER OF PUBLIC INTEREST LITIGATION:
KAMINI J AI SW AL
VERSUS
UNION OF INDIA & OTHERS
... PETITIONER
... RESPONDENTS
AFFIDAVIT
I, Ms. Kamini Jaiswal, aged 58 years, D / 0 Shri R S Jaiswal,
having its office at 43, Lawyer's Chambers, Supreme Court of
India, New Delhi do hereby solemnly affirm and state on oath
as under:-
1. That I mn the Petitioner in the aforementioned writ
petition and am well conversant with the facts and records of
I
the case and therefore, competent and authorized to swear
this affidavit.
2. That I have read the contents of the List of dates and
Synopsis (Pages ~_to -:I_L Writ P~tition (Pages _l~ to ~, ."..
para 1 __ - ~~L), and Application for Interim Direction (Pages _
to __ ) and the contents of the smne are believed to ,be true
and correct to the best of my knowledge and based on the
records of the case.
3. I further state that all the Annexures to this Writ Petition
are true copies of their respective originals. The instant public
interest litigation is being filed without' guided by any
personal interest, private motive or oblique reasons.
4. I state that I have accordingly instructed my advocate
on record and the Writ Petition and h t e accompanying
application for interilTI direction have been drafted on the
basis of my instruction as stated above.
DEPONENT
VERIFICATION:
I the above named deponent do hereby verify that the
contents of the aforesaid affidavit from .para to are true " .~ .. ~,
and correct to the best of my knowledge, no part of it is false
nothing material has been concealed there from.
Verified at Nevv Delhi on this theO}..(1Jday February, 2016.
DEPONENT
application for interilTI direction have been drafted on the
basis of my instruction as stated above.
DEPONENT
VERIFICATION:
I the above named deponent do hereby verify that the
contents of the aforesaid affidavit from .para to are true " .~ .. ~,
and correct to the best of my knowledge, no part of it is false
nothing material has been concealed there from.
Verified at Nevv Delhi on this theO}..(1Jday February, 2016.
DEPONENT
ANNetUK~~ P~l~ /
Sharma and his associates .beat me up for 15 minutes, d.~
police didn't intervene: Ameeque Jamei
Jamei claimed he was attacked when the group from the
Tanzeern "raised slogans for Arun J aitley to answer for the
state's excesses".
493 1190 .' . .... , ..
Written by Naveed Iqbal I New Delhi I Published:February 16,
2016 2:51 mTI
CPI minority cell general secretary Ameeque J amei .being led away a3 MLA 0 P Sharma's supporters stop him. (Express Photo Ravi Kanojia)
As lavryers targeted students and journalists inside the
premises of the Patiala House Courts Complex Monday, a
melTIber of the CPT's minority cell, present in court to support
arrested JNU students' union president Kanhaiya Kumar, was
assaulted by BJP IvILA 0 P Sharma and his supporters.
"About 70 of us from Tanzeem-e-Insaaf, CPI's minority cell,
were at the court to support Kanhaiya. We saw the lawyers
attacking students and journalists. They were swearing and
ANNetUK~~ P~l~ /
Sharma and his associates .beat me up for 15 minutes, d.~
police didn't intervene: Ameeque Jamei
Jamei claimed he was attacked when the group from the
Tanzeern "raised slogans for Arun J aitley to answer for the
state's excesses".
493 1190 .' . .... , ..
Written by Naveed Iqbal I New Delhi I Published:February 16,
2016 2:51 mTI
CPI minority cell general secretary Ameeque J amei .being led away a3 MLA 0 P Sharma's supporters stop him. (Express Photo Ravi Kanojia)
As lavryers targeted students and journalists inside the
premises of the Patiala House Courts Complex Monday, a
melTIber of the CPT's minority cell, present in court to support
arrested JNU students' union president Kanhaiya Kumar, was
assaulted by BJP IvILA 0 P Sharma and his supporters.
"About 70 of us from Tanzeem-e-Insaaf, CPI's minority cell,
were at the court to support Kanhaiya. We saw the lawyers
attacking students and journalists. They were swearing and
raIsIng slogans to incite us and police stood by watching. We
moved out because we did not want to engage' them," said
general secretary of the cell Ameeque Jamei (37).
LayyYers Attack JNU Students, Media At Patiala House Court:
The Big Questions The Incident Throws Up
J amei claimed he was qttacked when the. group from the
Tanzeem "raised slogans for Arun Jaitley to answer for the
state's excesses". "When Arun Jaitley's car was leaving, we
raised a slogan for him to answer for Kanhaiya's arrest and
what was happening in JNU. That's when Sharma' and another
person, Marhwah, ran after me. Someone grabbed my collar
and pushed Ine to the ground. Sharma and his associates beat
me up for 15 minutes. Yet police didn't intervene," said Jamei .
.. _-_ ... ------------_.-_ .. _-_ .. _. __ ...... __ .... --
raIsIng slogans to incite us and police stood by watching. We
moved out because we did not want to engage' them," said
general secretary of the cell Ameeque Jamei (37).
LayyYers Attack JNU Students, Media At Patiala House Court:
The Big Questions The Incident Throws Up
J amei claimed he was qttacked when the. group from the
Tanzeem "raised slogans for Arun Jaitley to answer for the
state's excesses". "When Arun Jaitley's car was leaving, we
raised a slogan for him to answer for Kanhaiya's arrest and
what was happening in JNU. That's when Sharma' and another
person, Marhwah, ran after me. Someone grabbed my collar
and pushed Ine to the ground. Sharma and his associates beat
me up for 15 minutes. Yet police didn't intervene," said Jamei .
.. _-_ ... ------------_.-_ .. _-_ .. _. __ ...... __ .... --
http.lltimesofindia. indiatimes.com/city/deihi/One-of-them-said-bone-bhi-todenge-phone-bhi-
todenge/articieshow/51001849.cms
'One of thern said, bone bhi todenge, phone bhi todenge'
NEVV DELHI: /\s a reporter covering proceedings at the Patiala House courts, . i thought Monday vvould be a regular day's work, with perhaps the hearing in the sedition case against Ji\JU students' union president Kanhaiya Kumar being the day's h hiifJht. As usual I made small talk with some of my sources there. I didn't sense 2d-lything extraordinary, and remained unperturbed even vvhen I ovecheaJc\ Ci Icl'vvye:- tefling one of my sources that there would be some
unQalTia" c:lt tile COiilpiex, taking it to be the inanity of a boastful lawyer.
f\ "few hour~) later, limbs p;:Jra!yzed by fear, shocked and reduced to tears,
for a safe nook with fellow journalists -- mostly vvomen -
ish I hac! been to take the morning's remark so lightly. For
more an 13rI hour and half on Monday, we, the members of the media, were
at the mercy of )21'Nj/8rs \/vho reatened us crudely, physically assaulted sonie
u;; for being "anti-national",
The first sian of t(oubie came around 2pm when we saw women teachers of ,:;
,Ji\JU being manhandied in the courtroom where the sedition case was to be
heard, T\i\!o JNU stucL~:nt::) were also beaten by lawyers in full sight of
complaisant police pc::rsonneL The violent methods adopted by the men in
black forced the people from JNU to vacate the room.
The agitators' attention then turned to us. We thought our press 10 cards
\Nould guarantee us ~:;afety, but of course that wasn't to be. A journalist who
sported a beard was called a traitor and his lD dismissed as fake by t0e ,
assailants; I was that I looked like a JNU student and was ab\. . ri'~hIY
/~ '\ G \:.:.-:.c. ~ '.. '\ "' ~~ ,\'<\
\". ",-V l' \?'~, ~,vt·, ~ tt\. ~,,' \ . .,. .-~ " \)'
\fJ\'.,~'-1·~':\.)"\'" tf;{i".
f':· l ""'""', . ~""',,~.'
,".f,"~~- . ';::"';'0;'\\.'-
.:"'.~"~<'\." .
') "
http.lltimesofindia. indiatimes.com/city/deihi/One-of-them-said-bone-bhi-todenge-phone-bhi-
todenge/articieshow/51001849.cms
'One of thern said, bone bhi todenge, phone bhi todenge'
NEVV DELHI: /\s a reporter covering proceedings at the Patiala House courts, . i thought Monday vvould be a regular day's work, with perhaps the hearing in the sedition case against Ji\JU students' union president Kanhaiya Kumar being the day's h hiifJht. As usual I made small talk with some of my sources there. I didn't sense 2d-lything extraordinary, and remained unperturbed even vvhen I ovecheaJc\ Ci Icl'vvye:- tefling one of my sources that there would be some
unQalTia" c:lt tile COiilpiex, taking it to be the inanity of a boastful lawyer.
f\ "few hour~) later, limbs p;:Jra!yzed by fear, shocked and reduced to tears,
for a safe nook with fellow journalists -- mostly vvomen -
ish I hac! been to take the morning's remark so lightly. For
more an 13rI hour and half on Monday, we, the members of the media, were
at the mercy of )21'Nj/8rs \/vho reatened us crudely, physically assaulted sonie
u;; for being "anti-national",
The first sian of t(oubie came around 2pm when we saw women teachers of ,:;
,Ji\JU being manhandied in the courtroom where the sedition case was to be
heard, T\i\!o JNU stucL~:nt::) were also beaten by lawyers in full sight of
complaisant police pc::rsonneL The violent methods adopted by the men in
black forced the people from JNU to vacate the room.
The agitators' attention then turned to us. We thought our press 10 cards
\Nould guarantee us ~:;afety, but of course that wasn't to be. A journalist who
sported a beard was called a traitor and his lD dismissed as fake by t0e ,
assailants; I was that I looked like a JNU student and was ab\. . ri'~hIY
/~ '\ G \:.:.-:.c. ~ '.. '\ "' ~~ ,\'<\
\". ",-V l' \?'~, ~,vt·, ~ tt\. ~,,' \ . .,. .-~ " \)'
\fJ\'.,~'-1·~':\.)"\'" tf;{i".
f':· l ""'""', . ~""',,~.'
,".f,"~~- . ';::"';'0;'\\.'-
.:"'.~"~<'\." .
') "
The frenzied !avvyers threatened to teach us, "deshdrohi (traitorous)
journalists", a lesson. I'Bone bhi todenge aur phone bhi todenge, (We will
break your phones as we!! as your bones,lI rasped an angry advocate. From
rny five-year experience of legal reporting, I thought things would be fine once
the judge emerged fmrn his charnber. But even as the pro-BJP/anti-JNU
slogans got rnore raucous, the judge did not make an appearance. Instead,
corralled by them, we continued to be tortured physically and mentally.
By now the number of assailants had gone up from the initial 40 to around
200. Fisticuffs broke a when a journalist took out his phone to record a clip
of lavvyers huriinQ eJbuses US.! was shoved around but kept hoping that
tnfjs vI/au n't QE::i. . Then a cold fright took hold of me as I saw
anci pu
h-::.,ic"iesq ! it:d, I '''- v.
turn is yoms)."
rig up ur journalists inside the courtroom. They kicked
nt of rny eyes and all I could do was stand by
e unmoved cops to intenJene, an action that only
() beQan shouting, "Agli baari tumhari hai (The next
F our of us, all \/vOiTF31':, \i\/ere advised by the female cops to l1 understand the
mood and go Cl\i\!i:l . VVe thought the senior most judicial officer of the Paiiala
House Court, the d judge. would be able to help us. VVe ran the few
metres froili when::; we were to the district judge's court and asked the staff
there to fiet us an appoint!llent with the judge, only to be told that he was
"sittin~1 with a vF..:ry senim cop" and qould not come out.
A mob of around ei~jht chased us, forced their entry into the district judge's
court and surrounded us on all sides. They snatched our phones and checked
the devices for videos and photos. They made menacing gestures, but finally
relented when court staff requested them to leave us alone.
ed around 3.45pm when we managed to escape the
rear gate, which was the only one open, the other
more frequently u:::ed ones all blocked by the agitated lawyers.
The frenzied !avvyers threatened to teach us, "deshdrohi (traitorous)
journalists", a lesson. I'Bone bhi todenge aur phone bhi todenge, (We will
break your phones as we!! as your bones,lI rasped an angry advocate. From
rny five-year experience of legal reporting, I thought things would be fine once
the judge emerged fmrn his charnber. But even as the pro-BJP/anti-JNU
slogans got rnore raucous, the judge did not make an appearance. Instead,
corralled by them, we continued to be tortured physically and mentally.
By now the number of assailants had gone up from the initial 40 to around
200. Fisticuffs broke a when a journalist took out his phone to record a clip
of lavvyers huriinQ eJbuses US.! was shoved around but kept hoping that
tnfjs vI/au n't QE::i. . Then a cold fright took hold of me as I saw
anci pu
h-::.,ic"iesq ! it:d, I '''- v.
turn is yoms)."
rig up ur journalists inside the courtroom. They kicked
nt of rny eyes and all I could do was stand by
e unmoved cops to intenJene, an action that only
() beQan shouting, "Agli baari tumhari hai (The next
F our of us, all \/vOiTF31':, \i\/ere advised by the female cops to l1 understand the
mood and go Cl\i\!i:l . VVe thought the senior most judicial officer of the Paiiala
House Court, the d judge. would be able to help us. VVe ran the few
metres froili when::; we were to the district judge's court and asked the staff
there to fiet us an appoint!llent with the judge, only to be told that he was
"sittin~1 with a vF..:ry senim cop" and qould not come out.
A mob of around ei~jht chased us, forced their entry into the district judge's
court and surrounded us on all sides. They snatched our phones and checked
the devices for videos and photos. They made menacing gestures, but finally
relented when court staff requested them to leave us alone.
ed around 3.45pm when we managed to escape the
rear gate, which was the only one open, the other
more frequently u:::ed ones all blocked by the agitated lawyers.
2.b
JNU Crackdown: Lawyers beat up journalists as student leader
Kanhaiya is produced in court
The escalating stand-off over the arrest-of JNU students union president
Kanhaiva Kumar on sedition charges today saw the students going on ~
strike demanding his immediate release. Scuffle broke out in Patiala
House court 'when' JNUSU President Kanhaiya Kumar was being
produced. The court, later, extended Kanhaiya's police custody for 2
more days
IndiaTodav.in
New Delhi, February 15, 2016 I Posted by Sangeeta Ojha I UPDATED 21 :38 lST
Protests in JNU
The escalating stand-off over the arrest of ]},ru students union president
Kanhaiya Kumar on sedition charges today saw the students going on strike demanding his immediate release. Scuffle broke out in Patiala House court when JNUSU President Kanhaiya Kumar was being produced. The court, later, extended Kanhaiya's police custody for 2 more clays .
. TNU teachers and students supporting Kumar claimed that the)r" were
manhandled and forced out of court by lawyers shouting slogans - "Long Live India, down with JNU". Kanhaiya KUl11(l.r was arrested last Friday by for participating in the Afzal Guru event on F,ebruary 9, in which anti-India slogans were raised.
TV Today reporters Anusha Soni and Poonam Sharma were manhandleej by protesting lawyers inside the Patiala I-louse COLlrt. The repoliers were pushed out Of the court and their mobile phones were also snatched by the
2.b
JNU Crackdown: Lawyers beat up journalists as student leader
Kanhaiya is produced in court
The escalating stand-off over the arrest-of JNU students union president
Kanhaiva Kumar on sedition charges today saw the students going on ~
strike demanding his immediate release. Scuffle broke out in Patiala
House court 'when' JNUSU President Kanhaiya Kumar was being
produced. The court, later, extended Kanhaiya's police custody for 2
more days
IndiaTodav.in
New Delhi, February 15, 2016 I Posted by Sangeeta Ojha I UPDATED 21 :38 lST
Protests in JNU
The escalating stand-off over the arrest of ]},ru students union president
Kanhaiya Kumar on sedition charges today saw the students going on strike demanding his immediate release. Scuffle broke out in Patiala House court when JNUSU President Kanhaiya Kumar was being produced. The court, later, extended Kanhaiya's police custody for 2 more clays .
. TNU teachers and students supporting Kumar claimed that the)r" were
manhandled and forced out of court by lawyers shouting slogans - "Long Live India, down with JNU". Kanhaiya KUl11(l.r was arrested last Friday by for participating in the Afzal Guru event on F,ebruary 9, in which anti-India slogans were raised.
TV Today reporters Anusha Soni and Poonam Sharma were manhandleej by protesting lawyers inside the Patiala I-louse COLlrt. The repoliers were pushed out Of the court and their mobile phones were also snatched by the
rampaging lawyers. Delhi Police constables present inside the court campus
did little to stop the lawyers from resorting to violence. A Delhi BJP MLA OP Sharma and few others were also caught on camera
attacking a person outside the court premises. However, Sharma denied thrashing anyone, but said that people who raise qnti-India slogan should be
punished. " When \ve were coming out of the court, we heard someone shouting "Pakistan zindabad". vVhen I objected to it, I was pushed. A few people present there then attacked that person," Sharma said. AIJun Patnaik, president of JNU Teachers Association said that he. along with some other teachers had gone to the court to attend hearing of the case involving Kanhaiya Kumar. Patnaik said some lawyers manhandled JNU teachers without any provocation. "\Ve went there to see the JNlJSl) president. We were manhandled there,
woml1n teachers Vlere also pushed by some men. Police was present but did nothing to stop the attackers. This is unfortunate and we wish to highlight this via media," Patnaik said.A A Here are the latest developments in the story
1. Many students at the J awaharlal Nehru University(JNU)hav~ refused to attend classes today in protest against the arrest of Kanhaiya Kumar on sedition charges.
2. BJP chief Amit Shah today attacked the Congress over the JNU row. Hitting out atJ<-ahul Gandhi, the BJP chief asked if the Congress vice-president had joined hands with separatist forces ?-nd wanted another division of India.
3. Left parties today said they will "fight out" any threat and are "not. ~~orried" about being labelled as "anti-national" for their stance on the J1\~J row after CPM leader S itaram Yechury allegedly received threat calls over the issue.
4. W~ are looking into the content of various tweets which are blasphemous and objectionable: Delhi Police Commissioner Bassi said.
5. Vice Chancellor Jagadeesh Kumar appealed to protesting students to return to their classes and said an inquiry into the Afzal Guru event would be completed by February 25.
6. I-lome Minister .R~lJ)a\b Singh on Suncby said that the Afzal Guru event at JNU w?-s "supported by terror mastermind Hafiz Saeed". '
7. "'vVhat happened at JNU has been fully supported by Lashka1' chief Hafiz Saeed. I appeal to all political par1ies that whenever such situations arise
V where anti-India slogans are raised, the entire nation must speak in one voice," the home minister had said.
8. JN1) students union president Kanhaiya Kumar was arrested last week in connection \vith a case of sedition and criminal conspiracy registered over holding of the event at the varsity during which anti-India slogans were alleged to have been raised.
rampaging lawyers. Delhi Police constables present inside the court campus
did little to stop the lawyers from resorting to violence. A Delhi BJP MLA OP Sharma and few others were also caught on camera
attacking a person outside the court premises. However, Sharma denied thrashing anyone, but said that people who raise qnti-India slogan should be
punished. " When \ve were coming out of the court, we heard someone shouting "Pakistan zindabad". vVhen I objected to it, I was pushed. A few people present there then attacked that person," Sharma said. AIJun Patnaik, president of JNU Teachers Association said that he. along with some other teachers had gone to the court to attend hearing of the case involving Kanhaiya Kumar. Patnaik said some lawyers manhandled JNU teachers without any provocation. "\Ve went there to see the JNlJSl) president. We were manhandled there,
woml1n teachers Vlere also pushed by some men. Police was present but did nothing to stop the attackers. This is unfortunate and we wish to highlight this via media," Patnaik said.A A Here are the latest developments in the story
1. Many students at the J awaharlal Nehru University(JNU)hav~ refused to attend classes today in protest against the arrest of Kanhaiya Kumar on sedition charges.
2. BJP chief Amit Shah today attacked the Congress over the JNU row. Hitting out atJ<-ahul Gandhi, the BJP chief asked if the Congress vice-president had joined hands with separatist forces ?-nd wanted another division of India.
3. Left parties today said they will "fight out" any threat and are "not. ~~orried" about being labelled as "anti-national" for their stance on the J1\~J row after CPM leader S itaram Yechury allegedly received threat calls over the issue.
4. W~ are looking into the content of various tweets which are blasphemous and objectionable: Delhi Police Commissioner Bassi said.
5. Vice Chancellor Jagadeesh Kumar appealed to protesting students to return to their classes and said an inquiry into the Afzal Guru event would be completed by February 25.
6. I-lome Minister .R~lJ)a\b Singh on Suncby said that the Afzal Guru event at JNU w?-s "supported by terror mastermind Hafiz Saeed". '
7. "'vVhat happened at JNU has been fully supported by Lashka1' chief Hafiz Saeed. I appeal to all political par1ies that whenever such situations arise
V where anti-India slogans are raised, the entire nation must speak in one voice," the home minister had said.
8. JN1) students union president Kanhaiya Kumar was arrested last week in connection \vith a case of sedition and criminal conspiracy registered over holding of the event at the varsity during which anti-India slogans were alleged to have been raised.
11 I;
9. His arrest has triggered \lv'idespread outrage among students and teachers and
drawn severe criticism from non-BJP political palties.
1 O.The university teachers had on Sunday rallied behind its protesting students
and questioned the administration's decision to allow the police crackdown
on the campus even as they .appealed to the public not to "brand'" the
institution as "anti-national".
11 I;
9. His arrest has triggered \lv'idespread outrage among students and teachers and
drawn severe criticism from non-BJP political palties.
1 O.The university teachers had on Sunday rallied behind its protesting students
and questioned the administration's decision to allow the police crackdown
on the campus even as they .appealed to the public not to "brand'" the
institution as "anti-national".
t The Goon. Court ttacker Posted Pies With
I ,
J eaders On Faceb k' /\11 India 1 Reported by Sunetra Choudhury, Edited by Oeepshikha Ghosh I Updated: February 16, 2016 18:58 1ST
ij
Vikram Singh Chauhan, one of the main attackers in the court violence
New ~elhi: Though a police complaint h b ' , for the assault on JNU teacher d . as, een filed agamst unknown persons
s an Journalists at a Delhi court yesterday, one of
t The Goon. Court ttacker Posted Pies With
I ,
J eaders On Faceb k' /\11 India 1 Reported by Sunetra Choudhury, Edited by Oeepshikha Ghosh I Updated: February 16, 2016 18:58 1ST
ij
Vikram Singh Chauhan, one of the main attackers in the court violence
New ~elhi: Though a police complaint h b ' , for the assault on JNU teacher d . as, een filed agamst unknown persons
s an Journalists at a Delhi court yesterday, one of
30 . .
the main attackers is a face familiar in courts and has been photograp,hed with
mary BJP leaders. I;
Vikram Singh Chauhan was at the dead centre of the attack on teachers, students and journalists who were waiting at the court for a student of JNU or Jawaharlal Nehru University arrested on sedition charges to be produced.
Speaking to NDTV, Mr Chauhan said he did organize a protest against "antinationals" but it got out of hand as lawyers were provoked by JNU teachers.
"VVe asked them to vacate seats for elderly lawyers. They asked me for my I-card. I said you want to divide Kashmir and Kerala, they said they were never a part of India. They started hooting," Mr Chauhan told NDTV, asserting that "students started the fight."
He claimed t~at "two lecturers said they will start beating us as they are more in number."
On camera, it is Mr Chauhan who is seen beating people. He allegedly shouted lIanti-nationals go to Pakistan" and "Bharat Mata ki Jail!, He also threatened NDTV's Sonal Mehrotra, demanding that she hand over her mobile phone, with which'she had filmed some of the violence,
In one image, Mr Chauhan, in a black jacket, is seen holding and beating a person believed to be a Left activist.
Presenting a sharp contrast is another set of photographs on Mr Chauhan's Facebook page, in which he is seen with top BJP leaders including Home Minister Rajnath Singh and veteran LK Advani.
30 . .
the main attackers is a face familiar in courts and has been photograp,hed with
mary BJP leaders. I;
Vikram Singh Chauhan was at the dead centre of the attack on teachers, students and journalists who were waiting at the court for a student of JNU or Jawaharlal Nehru University arrested on sedition charges to be produced.
Speaking to NDTV, Mr Chauhan said he did organize a protest against "antinationals" but it got out of hand as lawyers were provoked by JNU teachers.
"VVe asked them to vacate seats for elderly lawyers. They asked me for my I-card. I said you want to divide Kashmir and Kerala, they said they were never a part of India. They started hooting," Mr Chauhan told NDTV, asserting that "students started the fight."
He claimed t~at "two lecturers said they will start beating us as they are more in number."
On camera, it is Mr Chauhan who is seen beating people. He allegedly shouted lIanti-nationals go to Pakistan" and "Bharat Mata ki Jail!, He also threatened NDTV's Sonal Mehrotra, demanding that she hand over her mobile phone, with which'she had filmed some of the violence,
In one image, Mr Chauhan, in a black jacket, is seen holding and beating a person believed to be a Left activist.
Presenting a sharp contrast is another set of photographs on Mr Chauhan's Facebook page, in which he is seen with top BJP leaders including Home Minister Rajnath Singh and veteran LK Advani.
Mr Chauhan denied that he belongs to any political party but he regularly s~nds ou,t invitations on VVhatsApp to BJP events and urges people to be on time before a leader is to arrive.
"
. '.(
. '"",r,
Mr Chauhan denied that he belongs to any political party but he regularly s~nds ou,t invitations on VVhatsApp to BJP events and urges people to be on time before a leader is to arrive.
"
. '.(
. '"",r,
s~; . i,., I) _/ ~ '.IV. """", ....... , ... _, , ""\0,/\\0 ,,_ II~ _ __ ,," _ ........ """ , •. , ......... _, '1""''''''' 1,.""""'''"'' ...... :::;;_ ,_, 10,1"" "I_" .... ~- )"'- .. ---
tuo.
The violence erupted just before JNU student leader Kanhaiya Kumar, arrested over anti-India slogans shouted at a controversial event in support of terrorist Afzai Guru, was to be brought before a judge. Story First Published: February 16, 2016 14:03 1ST
s~; . i,., I) _/ ~ '.IV. """", ....... , ... _, , ""\0,/\\0 ,,_ II~ _ __ ,," _ ........ """ , •. , ......... _, '1""''''''' 1,.""""'''"'' ...... :::;;_ ,_, 10,1"" "I_" .... ~- )"'- .. ---
tuo.
The violence erupted just before JNU student leader Kanhaiya Kumar, arrested over anti-India slogans shouted at a controversial event in support of terrorist Afzai Guru, was to be brought before a judge. Story First Published: February 16, 2016 14:03 1ST
J' 33
Patiala HOllse scuffle: Delhi Police say trying to identify men who led attacks, here are some of them
While police said they were trying to identify those who led the attack, The Indian Express caught up with four men involved in Monday's assault.
Written by Abhishck Angad ,Pragva KausIlika . . ,-.- ,~
New DelhiUpdated: Feb 17,2016,11:06
Yashpai Singh (L), Vikram Chauhan (C) and Om Sharma (R) during the $ssault at Patiaia House Courts on Monday and in Delhi a day later. (Express Photo Abhishek Angad) A day after studentsancl journalists were attacked at Patiala House Courts complex, the Delhi Police registereel t\\lO FIRs against "unknown persons", while Police Commissioner B S Bassi said a probe had been ordered into alleged police negligence. While police said they were trying to identify those who led the attack, The Indian g~J2re~ caught up \\lith four men involved in Monday's assault. All four l'dentiflecl themselves as practising lawyer admitted that they were at the court when the attack took place. One of them, Vikram Singh Chauhan, does not have a chamber in Patiala House. He said that around I pm on Ivlonday, courtroom number six was packed with people. "We \vent
;'1 for the hearing and found the courtroom full of JNU students and teachers. We asked lhem to leave because some lawyers wanted to attend the hearing. Instead, they asked us for ID cards. We were angry because we had valid identity cards. They were here just to create nuisance," he said.
On Tuesday, as photos of him with BJP leaders, including Home Minister J3..ainath :2.ULgfl and BJP spokesperson Sambit Patra, started doing the rounds on social media, he said, "I have a picture with singer Atif Aslam. Does that mean I am a Pakistani? I am in a picture with a JD(U) leader too." . Yashpal Singh (L), Vikram Chauhan (C) and Om Sharma (R). (Express Photo Abhishek Angad) Yashpal Singh, who was also seen assaulting students, said he has been a lawyer for 15 veal's. and was once an additional secretary of the Delhi Bar Association. Singh said JNU ~tude~1ts and teachers w~re reluctant to leave the courtroor~,1. "They saidKaslimi,[ or Kerala were never part oflnelia and that it shouldn't matter to you. The intent of the JNt)
J' 33
Patiala HOllse scuffle: Delhi Police say trying to identify men who led attacks, here are some of them
While police said they were trying to identify those who led the attack, The Indian Express caught up with four men involved in Monday's assault.
Written by Abhishck Angad ,Pragva KausIlika . . ,-.- ,~
New DelhiUpdated: Feb 17,2016,11:06
Yashpai Singh (L), Vikram Chauhan (C) and Om Sharma (R) during the $ssault at Patiaia House Courts on Monday and in Delhi a day later. (Express Photo Abhishek Angad) A day after studentsancl journalists were attacked at Patiala House Courts complex, the Delhi Police registereel t\\lO FIRs against "unknown persons", while Police Commissioner B S Bassi said a probe had been ordered into alleged police negligence. While police said they were trying to identify those who led the attack, The Indian g~J2re~ caught up \\lith four men involved in Monday's assault. All four l'dentiflecl themselves as practising lawyer admitted that they were at the court when the attack took place. One of them, Vikram Singh Chauhan, does not have a chamber in Patiala House. He said that around I pm on Ivlonday, courtroom number six was packed with people. "We \vent
;'1 for the hearing and found the courtroom full of JNU students and teachers. We asked lhem to leave because some lawyers wanted to attend the hearing. Instead, they asked us for ID cards. We were angry because we had valid identity cards. They were here just to create nuisance," he said.
On Tuesday, as photos of him with BJP leaders, including Home Minister J3..ainath :2.ULgfl and BJP spokesperson Sambit Patra, started doing the rounds on social media, he said, "I have a picture with singer Atif Aslam. Does that mean I am a Pakistani? I am in a picture with a JD(U) leader too." . Yashpal Singh (L), Vikram Chauhan (C) and Om Sharma (R). (Express Photo Abhishek Angad) Yashpal Singh, who was also seen assaulting students, said he has been a lawyer for 15 veal's. and was once an additional secretary of the Delhi Bar Association. Singh said JNU ~tude~1ts and teachers w~re reluctant to leave the courtroor~,1. "They saidKaslimi,[ or Kerala were never part oflnelia and that it shouldn't matter to you. The intent of the JNt)
people was clear, they were here to create a ruckus. We called up the Tilak Marg SI-IO I
and narrated the incident," he said. He said police told them that since there were many women inside the courtroom, it would be impossible to clear them out. Women police officers arrived later, he said. "They stClrted arguing Vv'ith us and said, 'We are 60 people in the room, we can beat you up'. One of them pushed us," he said. La\vyer Om Sharma. who has a chamber each at Patiala House and Saket Court complexes, \-vas also seen assaulting students. "After they (the students) pushed us, the situation \vent out of control. They were also raising slogans and we were angry," he said, adding that a fight ensued between lawyers and JNU stu(iel1ts. Sharma denied that la\-vvers had attacked the media. "There were a few ,TNU students
" who had dressed up in black robes. I suspect they were the ones doing it," he said, adding that they were only targeting those who looked like JNU students.
Delhi BJP vice-president Abhay Verma, who was with BJP MLA 0 P 'Sharma when he assaulted cpr leader Ameeque Jamei, Galled the whole incident "spontaneous". An advocate by profession, Verma contested the Delhi assembly elections in 2013 and lost. ~'I do not know how I will react again ifI listen to anti~national slogans. On Monday, when I heard what this man said, rashtrabhakti ubhar aayi (patriotism swelled within me)," said V erma. Verma said he WilS in the Patiala I-louse Courts with the BJP MLA to ~upPQrt Finance Minister Arun Jaitlev, who appeared in court in connection with a defamation case against Chief Minister Arvind Kejriwal. "There was an altercation with the man in question. Sharma was attacked and blood was oozing from his head. We tried to reason with those shouting anti-national slogans. After hearing anti-national slogans, I lost my temper too," said Verma. A former secretary of the Bar Council, Verma said he was acting in self defence. Asked about his party's response, he said, "The party is very upset with me. But it \vas not inmy hands. It happened because my homeland was verbally abused," he said ..
people was clear, they were here to create a ruckus. We called up the Tilak Marg SI-IO I
and narrated the incident," he said. He said police told them that since there were many women inside the courtroom, it would be impossible to clear them out. Women police officers arrived later, he said. "They stClrted arguing Vv'ith us and said, 'We are 60 people in the room, we can beat you up'. One of them pushed us," he said. La\vyer Om Sharma. who has a chamber each at Patiala House and Saket Court complexes, \-vas also seen assaulting students. "After they (the students) pushed us, the situation \vent out of control. They were also raising slogans and we were angry," he said, adding that a fight ensued between lawyers and JNU stu(iel1ts. Sharma denied that la\-vvers had attacked the media. "There were a few ,TNU students
" who had dressed up in black robes. I suspect they were the ones doing it," he said, adding that they were only targeting those who looked like JNU students.
Delhi BJP vice-president Abhay Verma, who was with BJP MLA 0 P 'Sharma when he assaulted cpr leader Ameeque Jamei, Galled the whole incident "spontaneous". An advocate by profession, Verma contested the Delhi assembly elections in 2013 and lost. ~'I do not know how I will react again ifI listen to anti~national slogans. On Monday, when I heard what this man said, rashtrabhakti ubhar aayi (patriotism swelled within me)," said V erma. Verma said he WilS in the Patiala I-louse Courts with the BJP MLA to ~upPQrt Finance Minister Arun Jaitlev, who appeared in court in connection with a defamation case against Chief Minister Arvind Kejriwal. "There was an altercation with the man in question. Sharma was attacked and blood was oozing from his head. We tried to reason with those shouting anti-national slogans. After hearing anti-national slogans, I lost my temper too," said Verma. A former secretary of the Bar Council, Verma said he was acting in self defence. Asked about his party's response, he said, "The party is very upset with me. But it \vas not inmy hands. It happened because my homeland was verbally abused," he said ..
We, the Endcrsigned faculty members of lawaharlal Nehru University, reached P!1tiala house
court no 4, between I ,00 and 1,15 pm on 15 February 2016 to attend the hearing on KanhaiY8
Kumar's hearing, The sole objective of our decision to be there was that yvhen Kanhaiya Kumar
was produced he would see the faces of his teachers in the courtroom. Initially, we waited 011 the
benches outside the courtroom, along with a fe\'l jElumalists,
When the courtroom was opened, we were let in and sat down on the chairs. In another five
minutes, t\VO or three policemen came into the room and we were allowed to remain seated,
About fifteen minuws later, about ten-twelve men dressed i.n lawyer's clothes rushed in shouting
at us to get out. These la\vyers led by Mr. Vikram Singh Chauhan (whose name \ve could
recognize after the newspaper atiicies published the next day) They crowded the small room and
abused us, saying that JNU teachers were anti-national and "deshdrohis", that we were all
"Pakistanis" and asking us "\\hat kind of anti national education do you give your students"?
We tried to reason \vith them not to be abusive, and said that we had a right to be in thc
courtroom, but they continued to heckle llS as "Pakistanis", and told us that the scats \.vere for
lawyers alone, The pol icc kept on just watching and did not il1tervene to stop them. Most us
even got up and told them that they could take our chairs and we vvould just stand outside, but
they immediately started pushing us out of the courtroom, One of us. Rohit. who was standing at
the back was grabbed by his collar and dragged towards the centre of the courtroom, When vve
formed a human chain to save us from this attack, Mr. Chauhan slapped Rohit thrice on his face,
Women [acuity close to him pleaded with them io stop but they continued hurling abuses and
pushed him, Profs, Neem Kongari and hnaki Nair outside the courtroom, Some of the women
faculty \vere pushed and jostled and touched inappropriately, Most of the men dressed in
lawyers' clOlhes rushed out ancr them.
We could hear sounds of men shouting from outside. and fearing that we would be subject to
even greater physical violence, five women faculty -- Prof'), Ayesha Kidwai, Madhu Sahni\
Nivcdita I\'[enon, Susan Viswanathan, and Chitm Ilarshvardhan, once again sat down, A larger
contingent of policemen entered the COUliroom and asked us to vacate the courtroom, Somc of
the aggressive I2l\N)ers came back in and although we pleaded with the police to hold them back,
they did !lot even ask these lawyers to leave, Instead they were allowed to enter and leave the ... ... . 01 .
couliroont as they wished, 'vVe asked the police to bring us orders from the magistrate asking us
to clem' the Cl)UrlrOOm and demanded to be esc011ed out of the building, We were told that the
magistrate had given verbal orders to the police to cl.car the'courtroom, but \VC insisted that we be
given police protection throughout. When a contingent of policewomen arrived, it took the police
We, the Endcrsigned faculty members of lawaharlal Nehru University, reached P!1tiala house
court no 4, between I ,00 and 1,15 pm on 15 February 2016 to attend the hearing on KanhaiY8
Kumar's hearing, The sole objective of our decision to be there was that yvhen Kanhaiya Kumar
was produced he would see the faces of his teachers in the courtroom. Initially, we waited 011 the
benches outside the courtroom, along with a fe\'l jElumalists,
When the courtroom was opened, we were let in and sat down on the chairs. In another five
minutes, t\VO or three policemen came into the room and we were allowed to remain seated,
About fifteen minuws later, about ten-twelve men dressed i.n lawyer's clothes rushed in shouting
at us to get out. These la\vyers led by Mr. Vikram Singh Chauhan (whose name \ve could
recognize after the newspaper atiicies published the next day) They crowded the small room and
abused us, saying that JNU teachers were anti-national and "deshdrohis", that we were all
"Pakistanis" and asking us "\\hat kind of anti national education do you give your students"?
We tried to reason \vith them not to be abusive, and said that we had a right to be in thc
courtroom, but they continued to heckle llS as "Pakistanis", and told us that the scats \.vere for
lawyers alone, The pol icc kept on just watching and did not il1tervene to stop them. Most us
even got up and told them that they could take our chairs and we vvould just stand outside, but
they immediately started pushing us out of the courtroom, One of us. Rohit. who was standing at
the back was grabbed by his collar and dragged towards the centre of the courtroom, When vve
formed a human chain to save us from this attack, Mr. Chauhan slapped Rohit thrice on his face,
Women [acuity close to him pleaded with them io stop but they continued hurling abuses and
pushed him, Profs, Neem Kongari and hnaki Nair outside the courtroom, Some of the women
faculty \vere pushed and jostled and touched inappropriately, Most of the men dressed in
lawyers' clOlhes rushed out ancr them.
We could hear sounds of men shouting from outside. and fearing that we would be subject to
even greater physical violence, five women faculty -- Prof'), Ayesha Kidwai, Madhu Sahni\
Nivcdita I\'[enon, Susan Viswanathan, and Chitm Ilarshvardhan, once again sat down, A larger
contingent of policemen entered the COUliroom and asked us to vacate the courtroom, Somc of
the aggressive I2l\N)ers came back in and although we pleaded with the police to hold them back,
they did !lot even ask these lawyers to leave, Instead they were allowed to enter and leave the ... ... . 01 .
couliroont as they wished, 'vVe asked the police to bring us orders from the magistrate asking us
to clem' the Cl)UrlrOOm and demanded to be esc011ed out of the building, We were told that the
magistrate had given verbal orders to the police to cl.car the'courtroom, but \VC insisted that we be
given police protection throughout. When a contingent of policewomen arrived, it took the police
10 minutes to flnd a \,vay to cscoli us out of the courtroom as the dOOT\vay and the courtyard was
hlocked by shouting I'l\vyers. The police \-vere forced to find another exit and led us to [mother ground floor exit hut that was blocked too by shouting and screaming lavvycrs. We were led then up the stairs and at least two other stairwells were tried but we were led away as the police was
unsure that they could get us out safely. Finally, a safe exit into the ground floor shed where the notary publics sit. was found. The police escorted us to the gate and bundled five orus into autorickshaws as they feared that we would be assaulted even if were to \valk to our cars parked
in the parking lot.
Cbt:r~ -/!p~~ L0g/~iLks
~~V~~G C~;.s ~S5
10 minutes to flnd a \,vay to cscoli us out of the courtroom as the dOOT\vay and the courtyard was
hlocked by shouting I'l\vyers. The police \-vere forced to find another exit and led us to [mother ground floor exit hut that was blocked too by shouting and screaming lavvycrs. We were led then up the stairs and at least two other stairwells were tried but we were led away as the police was
unsure that they could get us out safely. Finally, a safe exit into the ground floor shed where the notary publics sit. was found. The police escorted us to the gate and bundled five orus into autorickshaws as they feared that we would be assaulted even if were to \valk to our cars parked
in the parking lot.
Cbt:r~ -/!p~~ L0g/~iLks
~~V~~G C~;.s ~S5
A NNlEy[}1Q~ - P:3
ITEM NO.1 COURT NO.5 OUT TODAY SECTION PIL(W)
SUP REM E C 0 U R T 0 F r N D I A RECORD OF PROCEEDINGS
Writ Petitiones) (Criminal) Noes)., 25/2016
N.D JAYAPRAKASH Petitioner(s)
VERSUS
UNION OF INDIA AND ANR. Respondent(s)
Date: 17/02/2016 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE ABHAY ~JNOHAR SAPRE
For Petitioner(s)
For Respondent(s) uor
For Delhi H.C
For Delhi Police
All India Lawyers Union
For Intervenor
Mr. K.T.S. Tulsi,Sr.Adv. Mr. Raju Ramachandran,Sr.Adv. Ms. Mythili Vijay Kumar Thallam,Adv. Mr. Vikram Aditya Narayan,Adv., Mr. Farrukh Rasheed,Adv. Mr. Kuber Boddh,Adv. Mr. Kartikey,Adv.
Mr. Ajay Sharma,Adv. Mr. Vibhu Shankar Mishra,Adv. Mr. Umesh Babu Chaurasia,Adv.
Mr. Sidharth Luthra,Sr.Adv. Mr. A.D.N. Rao,Adv.
Mr. Ajit Sinha, Sr.Adv. Mr. Shadman Ali,Adv. Mr. Vibhu Shankar Mishra,Adv .. Mr. D.S. Mahra,Adv.
Mr. P.V. Dinesh,Adv. Mr. Subhash Chandran K.R. ,Adv.'
Mr. Adish C. Aggarwala,Sr.Adv. MR. Vijay Pratap Singh,Adv. Mr. Aakash D. Pratap,Adv. Mr. Aditiya Singh,Adv. Mr. Pradeep Kumar Yadav,Adv.
Mr. Deepak Prakash,Adv.
~1-
A NNlEy[}1Q~ - P:3
ITEM NO.1 COURT NO.5 OUT TODAY SECTION PIL(W)
SUP REM E C 0 U R T 0 F r N D I A RECORD OF PROCEEDINGS
Writ Petitiones) (Criminal) Noes)., 25/2016
N.D JAYAPRAKASH Petitioner(s)
VERSUS
UNION OF INDIA AND ANR. Respondent(s)
Date: 17/02/2016 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE ABHAY ~JNOHAR SAPRE
For Petitioner(s)
For Respondent(s) uor
For Delhi H.C
For Delhi Police
All India Lawyers Union
For Intervenor
Mr. K.T.S. Tulsi,Sr.Adv. Mr. Raju Ramachandran,Sr.Adv. Ms. Mythili Vijay Kumar Thallam,Adv. Mr. Vikram Aditya Narayan,Adv., Mr. Farrukh Rasheed,Adv. Mr. Kuber Boddh,Adv. Mr. Kartikey,Adv.
Mr. Ajay Sharma,Adv. Mr. Vibhu Shankar Mishra,Adv. Mr. Umesh Babu Chaurasia,Adv.
Mr. Sidharth Luthra,Sr.Adv. Mr. A.D.N. Rao,Adv.
Mr. Ajit Sinha, Sr.Adv. Mr. Shadman Ali,Adv. Mr. Vibhu Shankar Mishra,Adv .. Mr. D.S. Mahra,Adv.
Mr. P.V. Dinesh,Adv. Mr. Subhash Chandran K.R. ,Adv.'
Mr. Adish C. Aggarwala,Sr.Adv. MR. Vijay Pratap Singh,Adv. Mr. Aakash D. Pratap,Adv. Mr. Aditiya Singh,Adv. Mr. Pradeep Kumar Yadav,Adv.
Mr. Deepak Prakash,Adv.
~1-
..
For Intervenor Mr. R.P. Luthra,Adv.
UPON hearing the counsel the Court made the following
o R D E R
This writ petition is filed with the various prayers,
in substance seeking appropriate directions to the
respondents to ensure a proper and decorus conduct of the
proceedings in the Court of Metropolitan Magistrate,
Patiala House Court, New Delhi in connection with FIR No.
110/16 filed at P. s. Vasant Kunj, New Delhi regarding an
incident which allegedly took place in the campus of JNU.
On 15 th February, 2016, when the accused by name
Mr. Kanhaiya Kumar was produced before the above-mentioned
Court, a lot of people gathered including the members of
the legal fraternity, students and their "supporters" and a
large number of media persons. Certain unpleasant and
unacceptable incidents are said to have taken, place in the
court premises which received wide media coverage
thereafter.
It is in the background of the above-mentioned facts
the instant writ petition came to be filed.
We are informed that the above-mentioned case of
Kanhaiya Kumar is to be taken up again by the concerned
Magistrate at 2.00 p.m. today, i.e. 17th February, 2016.
In view of the incidents that occurred on 15 th February,
2016, apprehensions were expressed before this Court on
behalf of the various interested groups-stud'ents, members
of the press, general public, legal fraternity, etc.- that
the proceedings may not go on in an atmosphere in which
legal proceedings are normally expected to be conducted.
Therefore, the various learned counsel representing the
6
..
For Intervenor Mr. R.P. Luthra,Adv.
UPON hearing the counsel the Court made the following
o R D E R
This writ petition is filed with the various prayers,
in substance seeking appropriate directions to the
respondents to ensure a proper and decorus conduct of the
proceedings in the Court of Metropolitan Magistrate,
Patiala House Court, New Delhi in connection with FIR No.
110/16 filed at P. s. Vasant Kunj, New Delhi regarding an
incident which allegedly took place in the campus of JNU.
On 15 th February, 2016, when the accused by name
Mr. Kanhaiya Kumar was produced before the above-mentioned
Court, a lot of people gathered including the members of
the legal fraternity, students and their "supporters" and a
large number of media persons. Certain unpleasant and
unacceptable incidents are said to have taken, place in the
court premises which received wide media coverage
thereafter.
It is in the background of the above-mentioned facts
the instant writ petition came to be filed.
We are informed that the above-mentioned case of
Kanhaiya Kumar is to be taken up again by the concerned
Magistrate at 2.00 p.m. today, i.e. 17th February, 2016.
In view of the incidents that occurred on 15 th February,
2016, apprehensions were expressed before this Court on
behalf of the various interested groups-stud'ents, members
of the press, general public, legal fraternity, etc.- that
the proceedings may not go on in an atmosphere in which
legal proceedings are normally expected to be conducted.
Therefore, the various learned counsel representing the
6
various interested groups referred to above unanimously
submitted that appropriate directions regarding the conduct
of proceedings be given to ensure that the proceedings in
the above-mentioned case are conducted in accordance with
law.
Having regard to the various allegations made and the
submissions of the learned counsel, we are of the opinion
that in order to ensure conduct of the proce'edings before
the trial Court are undertaken today in a ordinarily
manner, it is necessary to regulate the entry of people in
the Court.
Before He pronounced this order, we have indicated
broadly the nature of orders which we are proposed to pass
and the learned counsel who made submissions in connection
with this matter today broadly agreed with the proposed
directions.
We are informed that administrative side of the Delhi
High Court which is the authority of the Superintendence
over the trial Court is also meeting today at 2.00 p.m. to
consider the matter and appropriate administrative meaSures
in this regard.
We, therefore, direct
proceedings are concerned,
that
only
insofar as
the lawyers
today's
either
Advocates on Record or senior counsel representing either
the prosecution or the accused only shall be permitted into
the Court hall. A list of lawyers, six in number,
representing the accused is handed over to the Court:-
1. Mr. Sushil Bajaj, Adv.
2. Mr. Siddharth Sharma, Adv.
3. Mr. Rishabh Sancheti, Adv.
.-_._-_._---
7
various interested groups referred to above unanimously
submitted that appropriate directions regarding the conduct
of proceedings be given to ensure that the proceedings in
the above-mentioned case are conducted in accordance with
law.
Having regard to the various allegations made and the
submissions of the learned counsel, we are of the opinion
that in order to ensure conduct of the proce'edings before
the trial Court are undertaken today in a ordinarily
manner, it is necessary to regulate the entry of people in
the Court.
Before He pronounced this order, we have indicated
broadly the nature of orders which we are proposed to pass
and the learned counsel who made submissions in connection
with this matter today broadly agreed with the proposed
directions.
We are informed that administrative side of the Delhi
High Court which is the authority of the Superintendence
over the trial Court is also meeting today at 2.00 p.m. to
consider the matter and appropriate administrative meaSures
in this regard.
We, therefore, direct
proceedings are concerned,
that
only
insofar as
the lawyers
today's
either
Advocates on Record or senior counsel representing either
the prosecution or the accused only shall be permitted into
the Court hall. A list of lawyers, six in number,
representing the accused is handed over to the Court:-
1. Mr. Sushil Bajaj, Adv.
2. Mr. Siddharth Sharma, Adv.
3. Mr. Rishabh Sancheti, Adv.
.-_._-_._---
7
4. Mr. Prabhu, Adv. 4-U 5. Mr. Bankim, Adv.
6. Ivls. Vrinda Grover, Adv.
Since the accused is a young student,we also deem it
appropriate to permit the immediate family members of the
accused, not exceeding four, on an identification by the '-'
accused. If such family members are not there, then one
from the faculty and one from the student community
identified by the accused shall be permit~ed into the
Court(if they are present) .
Insofar as the journalists community is concerned,
having regard to the constraints of the space.in the Court
hall, we deem it appropriate to permit only 5 members from
the said community into the Court hall at the time of the
proceedings and the following names have been submitted by
Ms. Bhadra Sinha and Mr. Pramod Kumar (Journalists) who are
present in the Court today representing the_. community of
journalists and they have submitted the following 5 names
of the journalists who may be permitted to be present in
the trial Court room at 2.00 p.m. when the pioceedings are
on:-
1. Mr. l-ilihishek 1>.nshu, PTI
2. Mr. l\:miya IZumar Khushwaha, IANS
3. Mr. Arvind Singh, ANI
4. Hr. Suchitra Hohanty, Reuters
5. Hr . Anil Punia, DD Nev.]s
~% are also informed that there is a possibility of a
large gathering of various groups including the students
and political parties at the Court when the matter is taken
up. We are inclined to agree with such anticipation and
we, therefore, deem it appropriate to direct the
8
4. Mr. Prabhu, Adv. 4-U 5. Mr. Bankim, Adv.
6. Ivls. Vrinda Grover, Adv.
Since the accused is a young student,we also deem it
appropriate to permit the immediate family members of the
accused, not exceeding four, on an identification by the '-'
accused. If such family members are not there, then one
from the faculty and one from the student community
identified by the accused shall be permit~ed into the
Court(if they are present) .
Insofar as the journalists community is concerned,
having regard to the constraints of the space.in the Court
hall, we deem it appropriate to permit only 5 members from
the said community into the Court hall at the time of the
proceedings and the following names have been submitted by
Ms. Bhadra Sinha and Mr. Pramod Kumar (Journalists) who are
present in the Court today representing the_. community of
journalists and they have submitted the following 5 names
of the journalists who may be permitted to be present in
the trial Court room at 2.00 p.m. when the pioceedings are
on:-
1. Mr. l-ilihishek 1>.nshu, PTI
2. Mr. l\:miya IZumar Khushwaha, IANS
3. Mr. Arvind Singh, ANI
4. Hr. Suchitra Hohanty, Reuters
5. Hr . Anil Punia, DD Nev.]s
~% are also informed that there is a possibility of a
large gathering of various groups including the students
and political parties at the Court when the matter is taken
up. We are inclined to agree with such anticipation and
we, therefore, deem it appropriate to direct the
8
Commissioner of Police, Delhi to take such appropriate
measures as he may deem fit to maintain the law and order
situation i~ accordance with law . .
Insofar as various groups of persons who are
permi tted to enter the Court premises the identification
shall be made by the concerned with each of the groups
before iVlr. Goel, learned Registrar General of the Delhi
High Court who will personally be present in the Patiala
Court today at 1.30 p.m. Only on the certification of the
Registrar, each one of identified persons as indicated
above \<iil1 be allowed to enter the Court. We also direct
none of the persons entering the Court hall shall carry a
mobile phone. The Commissioner of Police shall take
appropriate steps in this regard.
We also deem it appropriate that the decision taken
by the Delhi High Court Administrative Committee shall also
be brought on record wi thin a week after the decision is
recorded.
A copy of this order shall be made available to Shri
A. D . N. Rao, learned counsel who represent the Delhi High
Court, Mr. D.S. Mahra, Mr. Farrukh Rashid who undertake to
enter appearance on behalf of the learned counsel and one
copy to Ms. Bhadra Sinha, media personnel.
Issue notice in the writ petition.
List the matter on Monday, 22 nd February, 2016.
We must also place it on record that while the
proceedings were going on in the morning, there was
considerable amount of concern and agitation among the
members present in the Court hall. At some stage there was
9
Commissioner of Police, Delhi to take such appropriate
measures as he may deem fit to maintain the law and order
situation i~ accordance with law . .
Insofar as various groups of persons who are
permi tted to enter the Court premises the identification
shall be made by the concerned with each of the groups
before iVlr. Goel, learned Registrar General of the Delhi
High Court who will personally be present in the Patiala
Court today at 1.30 p.m. Only on the certification of the
Registrar, each one of identified persons as indicated
above \<iil1 be allowed to enter the Court. We also direct
none of the persons entering the Court hall shall carry a
mobile phone. The Commissioner of Police shall take
appropriate steps in this regard.
We also deem it appropriate that the decision taken
by the Delhi High Court Administrative Committee shall also
be brought on record wi thin a week after the decision is
recorded.
A copy of this order shall be made available to Shri
A. D . N. Rao, learned counsel who represent the Delhi High
Court, Mr. D.S. Mahra, Mr. Farrukh Rashid who undertake to
enter appearance on behalf of the learned counsel and one
copy to Ms. Bhadra Sinha, media personnel.
Issue notice in the writ petition.
List the matter on Monday, 22 nd February, 2016.
We must also place it on record that while the
proceedings were going on in the morning, there was
considerable amount of concern and agitation among the
members present in the Court hall. At some stage there was
9
certain commotion as one of the members present shouted
certain slogans at a pitch which is not normally permitted
in the Court. Later, the person named Rajiv
Yadav(Advocate) who created the commotion, tendered an
unconditional apology. We accept the apology ~nd close the
matter.
(DEEPAK MANSUKHANI)
COURT MASTER
(RAJINDER KAUR)
COURT MASTER
10
certain commotion as one of the members present shouted
certain slogans at a pitch which is not normally permitted
in the Court. Later, the person named Rajiv
Yadav(Advocate) who created the commotion, tendered an
unconditional apology. We accept the apology ~nd close the
matter.
(DEEPAK MANSUKHANI)
COURT MASTER
(RAJINDER KAUR)
COURT MASTER
10
ANNeXuR6~ p~-
ITEM NO.1 COURT NO.5
OUT TODAY SECTION PIL(W)
SUP REM E C 0 U R T 0 FIN D I A
RECORD OF PROCEEDINGS
Writ Petition{s) (Criminal) Noes). 25/2016
N. D ,JAYAPRAKASH Petitioner(s)
VERSUS
UNION OF INDIA ~~D 4~. Responden t {s}
Date: 17/02/2016 This petition was mentioned aga~n at 2.15 p.m.
today.
CORAlvl HON'BLE MR. JUSTICE J. CHELAMESWAR
HON' BLE MR. JUSTICE ABHAY MANOHAR SAPRE
For Petitioner(s)
For Respondent(s) nor
For Delhi H.C
For Delhi Police
11.11 India Lavlyers Union
For Intervenor
Mr. K.T.S. Tulsi,Sr.Adv.
Mr. Raju Ramachandran,Sr.Adv.
Ms. Mythili Vijay Kumar Thallam,Adv.
Mr. Vikram Aditya Narayan,Adv.
Mr. Farrukh Rasheed,Adv.
Mr. Kuber Boddh,Adv.
Mr. Kartikey,Adv.
Mr. Ajay Sharma,Adv.
Mr. Vibhu Shankar Mishra,Adv.
Mr. Umesh Babu Chaurasia,Adv.
Mr. Sidharth Luthra,Sr.Adv.
Mr. A.D.N. Rao,Adv.
Mr. Ajit Sinha, Sr.Adv.
Mr. Shadman Ali,Adv.
Mr. Vibhu Shankar Mishra,Adv.
Mr. D.S. Mahra,Adv.
Mr. P.V. Dinesh,Adv.
Mr. Subhash Chandran K.R. ,Adv.
Mr. Adish C. Aggarwala,Sr.Adv.
MR. Vijay Pratap Singh,Adv.
Mr. Aakash D. Pratap,Adv.
Mr. Aditiya Singh,Adv.
Mr. Pradeep Kumar Yadav,Adv.
Mr. Deepak Prakash,Adv.
1
ANNeXuR6~ p~-
ITEM NO.1 COURT NO.5
OUT TODAY SECTION PIL(W)
SUP REM E C 0 U R T 0 FIN D I A
RECORD OF PROCEEDINGS
Writ Petition{s) (Criminal) Noes). 25/2016
N. D ,JAYAPRAKASH Petitioner(s)
VERSUS
UNION OF INDIA ~~D 4~. Responden t {s}
Date: 17/02/2016 This petition was mentioned aga~n at 2.15 p.m.
today.
CORAlvl HON'BLE MR. JUSTICE J. CHELAMESWAR
HON' BLE MR. JUSTICE ABHAY MANOHAR SAPRE
For Petitioner(s)
For Respondent(s) nor
For Delhi H.C
For Delhi Police
11.11 India Lavlyers Union
For Intervenor
Mr. K.T.S. Tulsi,Sr.Adv.
Mr. Raju Ramachandran,Sr.Adv.
Ms. Mythili Vijay Kumar Thallam,Adv.
Mr. Vikram Aditya Narayan,Adv.
Mr. Farrukh Rasheed,Adv.
Mr. Kuber Boddh,Adv.
Mr. Kartikey,Adv.
Mr. Ajay Sharma,Adv.
Mr. Vibhu Shankar Mishra,Adv.
Mr. Umesh Babu Chaurasia,Adv.
Mr. Sidharth Luthra,Sr.Adv.
Mr. A.D.N. Rao,Adv.
Mr. Ajit Sinha, Sr.Adv.
Mr. Shadman Ali,Adv.
Mr. Vibhu Shankar Mishra,Adv.
Mr. D.S. Mahra,Adv.
Mr. P.V. Dinesh,Adv.
Mr. Subhash Chandran K.R. ,Adv.
Mr. Adish C. Aggarwala,Sr.Adv.
MR. Vijay Pratap Singh,Adv.
Mr. Aakash D. Pratap,Adv.
Mr. Aditiya Singh,Adv.
Mr. Pradeep Kumar Yadav,Adv.
Mr. Deepak Prakash,Adv.
1
For Intervenor lvlr. R.P. Luthra,Adv.
UPON hearing the counsel the Court made the following
o R D E R
At 2.15 p.m.
l~round 2.15 p. m. Mr. Kapil Sibal, learned senior
counsel, Mr. Indra Jaising, learned senior counsel and Mr.
Prashant Bhushan, learned counsel made an extraordinary
mention in the court that inspite of the order passed in
the forenoon today in Writ Petition (Crl.)'No.25/2016, a
tense situation is building up in the Patiala House Courts
Complex, New Delhi ".here a group of lawyers and others are
resorting to violence threatening the security of the
accused Kanhaiya Kumar (against whom an FIR'is lodgedneing
110/16 filed at P.S. Vasant Kunj, New Delhi) and his
counsel. The learned Magistrate in the Patiala House
Courts Complex ,·,here the proceedings were going, in order
to ensure the safety of those persons, has directed the
accused Kanhaiya and his counsel to take shelter in his
chambers. The learned counsel, therefore, prayed for
appropriate directions be given in the situation to rescue
the accused and his lawyers.
A mention was also made that even the 5 journalists
'\'i'ho went in the Court Hall are also afraid of their
safety.
In view of this, we called upon Mr. Ajit K. Sinha,
learned senior counsel who represent the Commissioner of
Police, Delhi to contact the Commissioner of Police and
obtain instructions as to the situation prevailing in the
Patiala H~use Courts Complex. Initially for some time Mr.
Sinha vIas not able to contact him (understandably because
2
For Intervenor lvlr. R.P. Luthra,Adv.
UPON hearing the counsel the Court made the following
o R D E R
At 2.15 p.m.
l~round 2.15 p. m. Mr. Kapil Sibal, learned senior
counsel, Mr. Indra Jaising, learned senior counsel and Mr.
Prashant Bhushan, learned counsel made an extraordinary
mention in the court that inspite of the order passed in
the forenoon today in Writ Petition (Crl.)'No.25/2016, a
tense situation is building up in the Patiala House Courts
Complex, New Delhi ".here a group of lawyers and others are
resorting to violence threatening the security of the
accused Kanhaiya Kumar (against whom an FIR'is lodgedneing
110/16 filed at P.S. Vasant Kunj, New Delhi) and his
counsel. The learned Magistrate in the Patiala House
Courts Complex ,·,here the proceedings were going, in order
to ensure the safety of those persons, has directed the
accused Kanhaiya and his counsel to take shelter in his
chambers. The learned counsel, therefore, prayed for
appropriate directions be given in the situation to rescue
the accused and his lawyers.
A mention was also made that even the 5 journalists
'\'i'ho went in the Court Hall are also afraid of their
safety.
In view of this, we called upon Mr. Ajit K. Sinha,
learned senior counsel who represent the Commissioner of
Police, Delhi to contact the Commissioner of Police and
obtain instructions as to the situation prevailing in the
Patiala H~use Courts Complex. Initially for some time Mr.
Sinha vIas not able to contact him (understandably because
2
of the situation). Later Mr. Sinha_contacted him
and took instructions about the prevailing situation.
In the above mentioned circumstances, We thought it
fi t to depute some members of the Bar of this Court to
observe the situation and report to this Court. We also
believe the presence of the
diffuse the tension. We
senior advocates might help
accordingly depute Mr.Kapil
Sibal, Sr. 2\dv. , Dr. Rajeev Dhawan, Sr .Adv. , Mr. Dushyant
Dave, Sr.Adv., Mr. H.P. Rawal, Sr.Adv., Mr. Ajit K. Sinha,
Sr. Adv. and Mr. A.D.N. Rao, learned counsel to proceed to
the Fatiala House Courts Complex and report the situation
prevailing there.
At 4.00 p.m.
The members of the Committee who visited the Patiala
House Courts Complex pursuant to the orders passed earlier
returned at about 4.00 p.m. today and made an ,oral report,
the even ts they observed. We request them to submit a
report in writing. We also request Mr. Luthra, learned
senior counsel appearing for Delhi High Court to submit a
report of the observations made by the Registrar General
of the Delhi High court who was present in t);l,e proceedings
in the noon in the Patiala House court Complex by 2.00
p.m. tomorrow (18.2.2016). Mr. Ajit K. Sinha, Sr. Adv
representing Commissioner of Police, Delhi' will also
submit a report by Friday the 19 th February, 2016 by
10.30 a.m.
Mr. Sinha, further submitted on instructions that he
has spoken to the Commissioner of Police, Delhi and the
Commissioner of Police has personally assured the safety
of the accused and all others who were permitted to attend
today's proceedings before the trial court pursuant to the
3
of the situation). Later Mr. Sinha_contacted him
and took instructions about the prevailing situation.
In the above mentioned circumstances, We thought it
fi t to depute some members of the Bar of this Court to
observe the situation and report to this Court. We also
believe the presence of the
diffuse the tension. We
senior advocates might help
accordingly depute Mr.Kapil
Sibal, Sr. 2\dv. , Dr. Rajeev Dhawan, Sr .Adv. , Mr. Dushyant
Dave, Sr.Adv., Mr. H.P. Rawal, Sr.Adv., Mr. Ajit K. Sinha,
Sr. Adv. and Mr. A.D.N. Rao, learned counsel to proceed to
the Fatiala House Courts Complex and report the situation
prevailing there.
At 4.00 p.m.
The members of the Committee who visited the Patiala
House Courts Complex pursuant to the orders passed earlier
returned at about 4.00 p.m. today and made an ,oral report,
the even ts they observed. We request them to submit a
report in writing. We also request Mr. Luthra, learned
senior counsel appearing for Delhi High Court to submit a
report of the observations made by the Registrar General
of the Delhi High court who was present in t);l,e proceedings
in the noon in the Patiala House court Complex by 2.00
p.m. tomorrow (18.2.2016). Mr. Ajit K. Sinha, Sr. Adv
representing Commissioner of Police, Delhi' will also
submit a report by Friday the 19 th February, 2016 by
10.30 a.m.
Mr. Sinha, further submitted on instructions that he
has spoken to the Commissioner of Police, Delhi and the
Commissioner of Police has personally assured the safety
of the accused and all others who were permitted to attend
today's proceedings before the trial court pursuant to the
3
order passed by this Court in the morning today. We also
direct that Commissioner of Police shall take necessary
steps to ensure the safety of the accused until he is
produced next before the trial court.
We may place on record that it is reported today by
the members of the Committee that the accused was
manhandled while he was produced before the Court today.
We therefore make it clear that the responsibility is
exclusively is that of the Commissioner of Police, Delhi
to ensure the safety of the accused.
List the matter tomorrow the 18 th February, 2016 at
2.00 p.m.
(0. P. SHARMA)
AR-cum-PS
(RAJI~DER KAUR) COURT MASTER
4
order passed by this Court in the morning today. We also
direct that Commissioner of Police shall take necessary
steps to ensure the safety of the accused until he is
produced next before the trial court.
We may place on record that it is reported today by
the members of the Committee that the accused was
manhandled while he was produced before the Court today.
We therefore make it clear that the responsibility is
exclusively is that of the Commissioner of Police, Delhi
to ensure the safety of the accused.
List the matter tomorrow the 18 th February, 2016 at
2.00 p.m.
(0. P. SHARMA)
AR-cum-PS
(RAJI~DER KAUR) COURT MASTER
4
f)NNEXUiZE- PG-I-Iow lawyer Vikram Singh Chauhan who led both assaults at Patiala court sought support on Facebook to 'teach traitors a lesson' .
Vikran1 Singh Chauhan's Facebook timeline shows nine posts
between February 11 and 16 in which he is urging lawyers to
reach the court well in time to "demonstrate patriotism" and
"teach the traitors a lesson".
By: Express News Service I New Delhi I Updated: February 18,2016 10:05 aJ.TI
Vikram Singh Chauhan at court on Wednesday.
Vikram Singh Chauhan, the lawyer who led the attack on
journalists and students Monday and was in the group that
assaulted JNU students' union president Kanhaiya Kumar at
the Patiala House Courts Wednesday, used Facebook to
mobilise support for the attacks.
Chauhan's Facebook timeline shows nIne posts between
February 11 and 16 in which he is urging lawyers to reach the
court well in time to "demonstrate patriotism" and "teach the
traitors a lesson". While a couple of these posts talk of taking
ii-f)NNEXUiZE- PG-
I-Iow lawyer Vikram Singh Chauhan who led both assaults at Patiala court sought support on Facebook to 'teach traitors a lesson' .
Vikran1 Singh Chauhan's Facebook timeline shows nine posts
between February 11 and 16 in which he is urging lawyers to
reach the court well in time to "demonstrate patriotism" and
"teach the traitors a lesson".
By: Express News Service I New Delhi I Updated: February 18,2016 10:05 aJ.TI
Vikram Singh Chauhan at court on Wednesday.
Vikram Singh Chauhan, the lawyer who led the attack on
journalists and students Monday and was in the group that
assaulted JNU students' union president Kanhaiya Kumar at
the Patiala House Courts Wednesday, used Facebook to
mobilise support for the attacks.
Chauhan's Facebook timeline shows nIne posts between
February 11 and 16 in which he is urging lawyers to reach the
court well in time to "demonstrate patriotism" and "teach the
traitors a lesson". While a couple of these posts talk of taking
ii-
..
"
the legal course, they also call for direct action or "face-to-face
fight".
He posted several photographs to show his links to the BJP -
he is seen with several party leaders, from Rajnath Singh to J P
N adda to Kailash Vij ayvargiya - and calls himself a "worker of
BJP". In other photographs, he is at an ABVP event in Delhi
University last September on the eve of elections to the
students' union.
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RELATED ARTICLE
awyers opposed to me practise in Peshawar, Karachi courts: Chauhan, who led Patiala court assault
row: Lawyer held for assaulting journalists, students at Patiala House court
..
"
the legal course, they also call for direct action or "face-to-face
fight".
He posted several photographs to show his links to the BJP -
he is seen with several party leaders, from Rajnath Singh to J P
N adda to Kailash Vij ayvargiya - and calls himself a "worker of
BJP". In other photographs, he is at an ABVP event in Delhi
University last September on the eve of elections to the
students' union.
SHARE THIS ARTICLE
RELATED ARTICLE
awyers opposed to me practise in Peshawar, Karachi courts: Chauhan, who led Patiala court assault
row: Lawyer held for assaulting journalists, students at Patiala House court
o ~ers
against 'anti-nationals': Days after leading assault, Chauhan leads rotest march
on't
JNU row: Supreme Court refuses to hear Kanhaiya Kumar's bail plea
o ~ers
against 'anti-nationals': Days after leading assault, Chauhan leads rotest march
on't
JNU row: Supreme Court refuses to hear Kanhaiya Kumar's bail plea
.. pICS:
Lawyer who led Patiala House assault poses with top BJP leaders
.. awyers opposed to n1e practise in Peshawar, Karachi courts: Chauhan, who led Patiala court assault
,. row: Lawyer held for assaulting journalists, students at Patiala House court
.. pICS:
Lawyer who led Patiala House assault poses with top BJP leaders
.. awyers opposed to n1e practise in Peshawar, Karachi courts: Chauhan, who led Patiala court assault
,. row: Lawyer held for assaulting journalists, students at Patiala House court
5)
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on't
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" Supreme Court refuses to hear Kanhaiya Kumar's bail plea
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" row: Lav,ryer held for assaulting journalists, students at Patiala House court
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against 'anti-nationals': Days after leading assault, Chauhan leads rotest march
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against 'anti-nationals': Days after leading assault, Chauhan leads rotest march
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.r.JNU row: Supreme Court refuses to hear Kanhaiya Kumar's bail plea
~ n pICS:
Lawyer who led Patiala House assault poses with top BJP leaders
PrevNext
* On February 11, Chauhan made his first post on the JNU
issue. Referring to JNU student Umar Khalid and others who
allegedly shouted pro-Pakistan slogans, it said "time has come
to send these people back to their country". The post mentioned
"legal means" to Inete out justice, but also urged those who
have "so far demonstrated their patriotism on social media" to
get ready because "time was ripe for a face-to-face fight to teach
the traitors" a lesson. He concluded the post by asking people
"interested in this noble cause" to contact him.
In pies I Lawyer who led Patiala House assault poses with top
BJP leaders
* In a second post on February 11, he announced that
Kanhaiya could be brought to the Patiala House Courts. He
reminded lawyers that they "have shown their strength from
time to time" and "hopefully will take good care" this time. The
post ended with a vow to "eliminate every Afzal Guru born".
* The next post on February 12 featured four photos of
Chauhan participating in a rally organised by "nationalist
students". Chauhan said the rally sent a clear message to "anti-
~ n pICS:
Lawyer who led Patiala House assault poses with top BJP leaders
PrevNext
* On February 11, Chauhan made his first post on the JNU
issue. Referring to JNU student Umar Khalid and others who
allegedly shouted pro-Pakistan slogans, it said "time has come
to send these people back to their country". The post mentioned
"legal means" to Inete out justice, but also urged those who
have "so far demonstrated their patriotism on social media" to
get ready because "time was ripe for a face-to-face fight to teach
the traitors" a lesson. He concluded the post by asking people
"interested in this noble cause" to contact him.
In pies I Lawyer who led Patiala House assault poses with top
BJP leaders
* In a second post on February 11, he announced that
Kanhaiya could be brought to the Patiala House Courts. He
reminded lawyers that they "have shown their strength from
time to time" and "hopefully will take good care" this time. The
post ended with a vow to "eliminate every Afzal Guru born".
* The next post on February 12 featured four photos of
Chauhan participating in a rally organised by "nationalist
students". Chauhan said the rally sent a clear message to "anti-
national forces" that "patriotic youth" were "ready to make any
sacrifice" for the country.
* On February 13, Chauhan posted: "Please demonstrate your
patriotism by reaching the Patiala House Courts tomorrow
morning. under no circumstances can we allow these anarchist,
Pakistan-supporters get bailor any relief. you are requested to
reach the court in maximum numbers to teach these anti
nationals a lesson through legal means." The post ended with
'Doodh mange kheer denge, aage sabko pata hai.' - a reference
to the slogan 'Doodh mangoge to kheer denge,Kashmir mangoge
to chir denge'.
* In a second post on February 13, he tagged 85 people, mostly
senior functionaries of the Bar Council of Delhi. In it, Chauhan
urged seniors to demand· a thorough and speedy trial of the
case. "We can set an example on behalf of the Bar Council at
the court. and I request you to be at the court to encourage us
and tell the world that Delhi lawyers are patriotic, law-abiding
and legally-able to deal with such traitors." The two posts on
February 13 attracted more than 400 likes.
* On February 15, Chauhan posted two photographs. He is
seen smiling soon after his group of lawyers assaulted JNU
students and journalists. The photos attracted over 650 likes
and over 40 congratulatory comments. A few even proudly
posted a Inedia photo of Chauhan assaulting a student as a
comment in both threads.
* On February 16, Chauhan thanked everyone: "Today I am
feeling proud to be a member of the Bar Council. from now on,
national forces" that "patriotic youth" were "ready to make any
sacrifice" for the country.
* On February 13, Chauhan posted: "Please demonstrate your
patriotism by reaching the Patiala House Courts tomorrow
morning. under no circumstances can we allow these anarchist,
Pakistan-supporters get bailor any relief. you are requested to
reach the court in maximum numbers to teach these anti
nationals a lesson through legal means." The post ended with
'Doodh mange kheer denge, aage sabko pata hai.' - a reference
to the slogan 'Doodh mangoge to kheer denge,Kashmir mangoge
to chir denge'.
* In a second post on February 13, he tagged 85 people, mostly
senior functionaries of the Bar Council of Delhi. In it, Chauhan
urged seniors to demand· a thorough and speedy trial of the
case. "We can set an example on behalf of the Bar Council at
the court. and I request you to be at the court to encourage us
and tell the world that Delhi lawyers are patriotic, law-abiding
and legally-able to deal with such traitors." The two posts on
February 13 attracted more than 400 likes.
* On February 15, Chauhan posted two photographs. He is
seen smiling soon after his group of lawyers assaulted JNU
students and journalists. The photos attracted over 650 likes
and over 40 congratulatory comments. A few even proudly
posted a Inedia photo of Chauhan assaulting a student as a
comment in both threads.
* On February 16, Chauhan thanked everyone: "Today I am
feeling proud to be a member of the Bar Council. from now on,
only those who say 'J ai Hind' will stay in India. Long live
lawyers' unity. I hope I will continue to have your love and
cooperation like this." More than 200 people liked it.
* In another post on February 16, Chauhan wrote: "I have been
made the biggest goon of the country and those who are against
Mother India are now heroes. If countering Leftist goons, saying
'long live Mother India. is hooliganism, then I am a goon. I don't
care who all are barking. we are gathering again tomorrow to
expose their conspiracy and.I request all of you to reach the
court in maximum numbers by 10 am." The post tagged 96
people and drew 198 likes and 70 comments.
The next day, he was back at Patiala House Courts. And this
time the group headed for Kanhaiya.
only those who say 'J ai Hind' will stay in India. Long live
lawyers' unity. I hope I will continue to have your love and
cooperation like this." More than 200 people liked it.
* In another post on February 16, Chauhan wrote: "I have been
made the biggest goon of the country and those who are against
Mother India are now heroes. If countering Leftist goons, saying
'long live Mother India. is hooliganism, then I am a goon. I don't
care who all are barking. we are gathering again tomorrow to
expose their conspiracy and.I request all of you to reach the
court in maximum numbers by 10 am." The post tagged 96
people and drew 198 likes and 70 comments.
The next day, he was back at Patiala House Courts. And this
time the group headed for Kanhaiya.
corne, we vlill burn him alive: Lawyer
, New Delhi
Updated: P'eb 18,2016/14:02 1ST
Lawyers assaulting a journalist outside Patiala House Court , India, on Wednesday, February 17, 2016.
dus )
On V\T ecln_csc1ay, I witnessed the most 'disturbing' event in ITIy
C\r'.....,~~;),er CIS r;:o '~Jr .. ,..:1ct-l·Sl·1J0 lawyer cU.,~ '"- < •• " cl. 1 . 0. , -b·1 .•
It was around lprri. Hundreds of la~wyers had gathered at the
entrance of Gate nUlll.ber 2 of Patiala House Courts to catch a
g1ilnpse of Kanhaiya Kumar. A pOliCelTIan then announced that
a lin1ited nurnber of persons will be allowed inside court
pre1111SeS,
Read more:.JI\TU student leader Kanhaiya named in FIR only
That is when it all started. The announcement was a cue for the
lawyers \vho delllanded that all journalists and JNU students
be thro\l'1n out. A group of lawyers assembled in the balcony,
keeping an eye out for anyone ll1aking a video. It is then, when
in an "act of patriotiS111", one lawyer raised the Indian flag from
the balcony to the chants of Bharat Mata ki Jai.
corne, we vlill burn him alive: Lawyer
, New Delhi
Updated: P'eb 18,2016/14:02 1ST
Lawyers assaulting a journalist outside Patiala House Court , India, on Wednesday, February 17, 2016.
dus )
On V\T ecln_csc1ay, I witnessed the most 'disturbing' event in ITIy
C\r'.....,~~;),er CIS r;:o '~Jr .. ,..:1ct-l·Sl·1J0 lawyer cU.,~ '"- < •• " cl. 1 . 0. , -b·1 .•
It was around lprri. Hundreds of la~wyers had gathered at the
entrance of Gate nUlll.ber 2 of Patiala House Courts to catch a
g1ilnpse of Kanhaiya Kumar. A pOliCelTIan then announced that
a lin1ited nurnber of persons will be allowed inside court
pre1111SeS,
Read more:.JI\TU student leader Kanhaiya named in FIR only
That is when it all started. The announcement was a cue for the
lawyers \vho delllanded that all journalists and JNU students
be thro\l'1n out. A group of lawyers assembled in the balcony,
keeping an eye out for anyone ll1aking a video. It is then, when
in an "act of patriotiS111", one lawyer raised the Indian flag from
the balcony to the chants of Bharat Mata ki Jai.
Another .lawyer standing next to him said, "Laane do kanhaiya
ko, yalli zinda jaIa clenge (Let them bring Kanhaiya, we will set
SOIne lcl\vyers standing next to a policeman were amused, One
of thenl pulled out his phone and Inade a call: "Aaja tu bhi, ek
do JNU wClJon ko tujhse bhi pitwa denge (Come, you can also
beat up a couple of JNU students)".
It vvas 2:30 pIn. Kanhaiya reached court. He was taken inside
the courtrooIIl frOlTI a different entry, But the lawyers got a
whiff of this and rushed to the gate. . I
saw lawyers returning later with a sense of pride "Do laatein
jadi mast \vaali"". "n1ukke lTIaare saale ke muh pe (I kicked hirn
twice ... ptlnched hirn in the face)," one of them said.
Our blacl( coats Viere rneant to signify that we are an educated
class, but son1e of the law'jers have tainted the image of the
bar. VJhat so civil about a war anyway?
It's ret fi..rst perso'n account by a lawyer practising at the
La l~ouse Courts who did not want to be named.
Another .lawyer standing next to him said, "Laane do kanhaiya
ko, yalli zinda jaIa clenge (Let them bring Kanhaiya, we will set
SOIne lcl\vyers standing next to a policeman were amused, One
of thenl pulled out his phone and Inade a call: "Aaja tu bhi, ek
do JNU wClJon ko tujhse bhi pitwa denge (Come, you can also
beat up a couple of JNU students)".
It vvas 2:30 pIn. Kanhaiya reached court. He was taken inside
the courtrooIIl frOlTI a different entry, But the lawyers got a
whiff of this and rushed to the gate. . I
saw lawyers returning later with a sense of pride "Do laatein
jadi mast \vaali"". "n1ukke lTIaare saale ke muh pe (I kicked hirn
twice ... ptlnched hirn in the face)," one of them said.
Our blacl( coats Viere rneant to signify that we are an educated
class, but son1e of the law'jers have tainted the image of the
bar. VJhat so civil about a war anyway?
It's ret fi..rst perso'n account by a lawyer practising at the
La l~ouse Courts who did not want to be named.
JNU ro"v: Blow by blow, a day with lawyers in a Delhi court
SI
The Indian Express recount how lawyers beat up one another,
student leader Kanhaiya and others on court premises
Written by Kaunain Sheriff M , Abhishek Angad , Alok Singh
I New Delhi I Updated: February 18,2016 5:44 am
One lawyer advances towards another during the course of a showdown between two groups on the Patiala House Courts prernises Wednesday. AP photo
8:30-11:00 am: Preparation
Heavy security deployment at Patiala House Courts. Gate
number 2 cordoned off for general public, alongside heavy
restrictions for both litigants and lawyers.
11-11:30 am: First chants
Advocates arrive at gate number 2 and begin protesting. Over
150 lawyers chant anti-JNU slogans, threaten police officials for
imposing restrictions inside the court. Within half an hour, 100
more lawyers join. A minor scuffle takes place between security
officials and lawyers.
JNU ro"v: Blow by blow, a day with lawyers in a Delhi court
SI
The Indian Express recount how lawyers beat up one another,
student leader Kanhaiya and others on court premises
Written by Kaunain Sheriff M , Abhishek Angad , Alok Singh
I New Delhi I Updated: February 18,2016 5:44 am
One lawyer advances towards another during the course of a showdown between two groups on the Patiala House Courts prernises Wednesday. AP photo
8:30-11:00 am: Preparation
Heavy security deployment at Patiala House Courts. Gate
number 2 cordoned off for general public, alongside heavy
restrictions for both litigants and lawyers.
11-11:30 am: First chants
Advocates arrive at gate number 2 and begin protesting. Over
150 lawyers chant anti-JNU slogans, threaten police officials for
imposing restrictions inside the court. Within half an hour, 100
more lawyers join. A minor scuffle takes place between security
officials and lawyers.
11:30 am-1 pm: The fight
A group of lawyers led by advocate Vikram Singh Chauhan
march on the premises, chanting, "Bharat Mata ki Jai. Gaddaro
Bharat chhodo." The group breaches security and enters the
court premises. And when another faction of lawyers emerges,
police quietly back away. This group raises its own slogan,
"Thana shahi nahi chalegi. Kanhaiya tum sangharsh karo, hum
tumhare saath hai." A scuffle break outs between the two
groups. A lawyer, a journalist and a student from Sonepat are
beaten up.
1-2:30 pm: Silent cops
Lawyers continue to march and chant slogans. Far from being
intimidated by the heavy police presence, they beat up at least
three of the few policemen who try to stop them. The lawyers
encircle the main building, where Kanhaiya will be produced.
They threaten journalists and ask them not to take out their
cellphones. Policemen still watching, lawyers ask every
journalist outside the court to show his or her ID card. Another
minor scuffle breaks out between police and lawyers. Stones
are thrown at camerarnen.
2:50 pm: assault ON Kanhaiya
Kanhaiya arrives. Though he is accompanied by five policemen,
at least eight lawyers assault him as he is being taken towards
the courtroom. They slap him, rain blows on his chest and also
on his feet. The mob follows him up to the court, where he is
attacked in the presence, of JNU professor Himanshu. The
professor then asks the police to arrest one of the lawyers who
assaulted Kanhaiya. The police let the lawyers leave the court.
11:30 am-1 pm: The fight
A group of lawyers led by advocate Vikram Singh Chauhan
march on the premises, chanting, "Bharat Mata ki Jai. Gaddaro
Bharat chhodo." The group breaches security and enters the
court premises. And when another faction of lawyers emerges,
police quietly back away. This group raises its own slogan,
"Thana shahi nahi chalegi. Kanhaiya tum sangharsh karo, hum
tumhare saath hai." A scuffle break outs between the two
groups. A lawyer, a journalist and a student from Sonepat are
beaten up.
1-2:30 pm: Silent cops
Lawyers continue to march and chant slogans. Far from being
intimidated by the heavy police presence, they beat up at least
three of the few policemen who try to stop them. The lawyers
encircle the main building, where Kanhaiya will be produced.
They threaten journalists and ask them not to take out their
cellphones. Policemen still watching, lawyers ask every
journalist outside the court to show his or her ID card. Another
minor scuffle breaks out between police and lawyers. Stones
are thrown at camerarnen.
2:50 pm: assault ON Kanhaiya
Kanhaiya arrives. Though he is accompanied by five policemen,
at least eight lawyers assault him as he is being taken towards
the courtroom. They slap him, rain blows on his chest and also
on his feet. The mob follows him up to the court, where he is
attacked in the presence, of JNU professor Himanshu. The
professor then asks the police to arrest one of the lawyers who
assaulted Kanhaiya. The police let the lawyers leave the court.
3 pIn: Inside THE COURT
Court proceedings begin. Police make brief submissions and
seek judicial custody of Kanhaiya, who tells the judge he was
assaulted twice and there is a threat to his life. He submits a
written statement. The judge asks the DCP concerned to ensure
his security in jail.
3:25-3:50 pm: Target Sibal
Supreme Court-appointed commissioners arnve to assess the
situation in the trial court. Senior advocate Kabil Sibal and
others are abused by the lawyers, who threaten to attack Sibal.
Stones and shoes are hurled on Sibal's car, even as he leaves.
Lavvyers then argue with journalists over Sibal "defending an
anti-national", and ask media to cover instead the death of an
RSS worker in Kerala. During the argument, yet another stone
is thrown and the camera ?fan AP photojournalist is damaged.
4-5 pm: The ruling
The court sends Kanhaiya to 14 days in Tihar j ail. It
immediately calls a doctor from RML to examine Kanhiaya after
the assault; the doctor arrives and does a checkup. The court
orders the doctor to write the history of the assault as
recoun ted by Kanhaiya.
5-7 pm: Safe exit
To ensure that he isn't attacked again, cops dress Kanhaiyaup
in a police uniform and take him out of the court after the
hearing concludes. The uniform is that of an 'anti-riot cell
officer. The ruse works - senior police officers including DC
(third battalion) S K Tiwari escort Kanhaiya to Tihar.
3 pIn: Inside THE COURT
Court proceedings begin. Police make brief submissions and
seek judicial custody of Kanhaiya, who tells the judge he was
assaulted twice and there is a threat to his life. He submits a
written statement. The judge asks the DCP concerned to ensure
his security in jail.
3:25-3:50 pm: Target Sibal
Supreme Court-appointed commissioners arnve to assess the
situation in the trial court. Senior advocate Kabil Sibal and
others are abused by the lawyers, who threaten to attack Sibal.
Stones and shoes are hurled on Sibal's car, even as he leaves.
Lavvyers then argue with journalists over Sibal "defending an
anti-national", and ask media to cover instead the death of an
RSS worker in Kerala. During the argument, yet another stone
is thrown and the camera ?fan AP photojournalist is damaged.
4-5 pm: The ruling
The court sends Kanhaiya to 14 days in Tihar j ail. It
immediately calls a doctor from RML to examine Kanhiaya after
the assault; the doctor arrives and does a checkup. The court
orders the doctor to write the history of the assault as
recoun ted by Kanhaiya.
5-7 pm: Safe exit
To ensure that he isn't attacked again, cops dress Kanhaiyaup
in a police uniform and take him out of the court after the
hearing concludes. The uniform is that of an 'anti-riot cell
officer. The ruse works - senior police officers including DC
(third battalion) S K Tiwari escort Kanhaiya to Tihar.
..
"
Sarne lawyers, same goondagardi and same police inaction
NU'(NIMESH KUMAR ,HE HINDI; SHUBHOMOY SIKDAR
Vikram Singh Chauhan, one of the lawyers who beat up journalists, JNU students and teachers at the Patiala House Courts on Monday, was again at the forefront of the violence on Wednesday. PHOTO: AP
They were named and shamed on social media after they attacked students, journalists and teachers at the Patiala House Courts on Monday.
Yet the same group of lawyers on Wednesday clashed with one of their colleagues inside the court premises, beat up a journalist and later turned their wrath on JNUSU president Kanhaiya Kumar even as the police played mute witness.
Despite the presence of nearly 3,000 personnel from the Delhi Police and central police forces, utter chaos prevailed inside and outside the Patiala House Court premises where Kumar was produced on Wednesday in connection with the hearing on sedition charges filed against him.
The unruly mob of lawyers, including Vikram Singh Chauhan who was seen beating up students and activists on February 15, did not even spare senior advocates Kapil Sibal and Dushyant Dave, who visited the court to observe the security of Kumar on the direction of the Supreme Court.
The lawyers shouted slogan~ against Mr. Sibal and the police had to escort him and Mr. Dave out of the premises. A brick was thrown at the two senior lawyers when they were about to board a car, but they escaped unhurt as a constable took the hit.
Even though Kumar praised the Delhi Police for protecting him from the attackers, some senior officers admitted that the security was insufficien t.
Tarique Anwar, a correspondent of news website firstpost.com, was slapped. A lawyer friend of Kumar, who had come from Sonepat in Haryana, was also beaten up. Stones were also thrown at mediapersons from inside the court premises.
..
"
Sarne lawyers, same goondagardi and same police inaction
NU'(NIMESH KUMAR ,HE HINDI; SHUBHOMOY SIKDAR
Vikram Singh Chauhan, one of the lawyers who beat up journalists, JNU students and teachers at the Patiala House Courts on Monday, was again at the forefront of the violence on Wednesday. PHOTO: AP
They were named and shamed on social media after they attacked students, journalists and teachers at the Patiala House Courts on Monday.
Yet the same group of lawyers on Wednesday clashed with one of their colleagues inside the court premises, beat up a journalist and later turned their wrath on JNUSU president Kanhaiya Kumar even as the police played mute witness.
Despite the presence of nearly 3,000 personnel from the Delhi Police and central police forces, utter chaos prevailed inside and outside the Patiala House Court premises where Kumar was produced on Wednesday in connection with the hearing on sedition charges filed against him.
The unruly mob of lawyers, including Vikram Singh Chauhan who was seen beating up students and activists on February 15, did not even spare senior advocates Kapil Sibal and Dushyant Dave, who visited the court to observe the security of Kumar on the direction of the Supreme Court.
The lawyers shouted slogan~ against Mr. Sibal and the police had to escort him and Mr. Dave out of the premises. A brick was thrown at the two senior lawyers when they were about to board a car, but they escaped unhurt as a constable took the hit.
Even though Kumar praised the Delhi Police for protecting him from the attackers, some senior officers admitted that the security was insufficien t.
Tarique Anwar, a correspondent of news website firstpost.com, was slapped. A lawyer friend of Kumar, who had come from Sonepat in Haryana, was also beaten up. Stones were also thrown at mediapersons from inside the court premises.
r
b3 W.P. (Cd) No. 25 of 2016
REPORT OF THE COMMITTEE APPOINTED VIDE YOUR
LORDSHIPS ORDER DATED 17.02.2016.
,This report has been filed pursuant to the directions rendered by this Hon'ble
Court in the above mentioned proceedings, by the Committee, appointed by
your Lordships order dated 17.02.2016 to visit the Court premises oLPatiala ,
House Courts Comp\ex where accused Kanhaiya Kumar was to be produced
and to report the existing state of affairs in respect of which a mention was
made by Shri Prashant Bhushan, Advocate and Ms. Indira Jaising, Sf.
Advocate, pursuant to the information .received by them in respect of the
proceedings before the Patiala House Court had commenced at 2 PM when
accused Kanhaiya Kumar was produced before the said Court.
It be mentioned that after hearing the above mentioned matter, an order
was rendered by this Hon'b~e Court in the morning session of 17.02.2016. A
copy whereof is enclosed herewith for ready reference and marked as
Enclosure-A.
At around 2.15 PM an extraordinary mention was made before this
Hon'ble Court, in spite of the order passed in the forenoon, in view of the
tensed situation building up in the Patiala House court complex where a group
of la~ers and others were stated to be resorting to violence, threatening
security of accused Kanhaiya Kumar as well as his Counsels and 5 other
journalists who were permitted under the orders of this Hon'ble Court passed
in the forenoon to attend the said proceedings. In view of the said mentioning
this Hon'ble Court deemed it appropriate to depute members of the Bar of this
Hon'ble Court to observe the situation and report to this Court. Accordingly
(
the following Advocates were deputed to proceed to Patiala HOl~~~\
Complex and report the factual SltuatlOn eXlstmg there. The m)e,~ "O~ file -:\,
Committee are: ' ~"
~~ ~~i)' 1. Shri Kapil Sibal (Senior Advocate)
~
2. Shri (Dr.) Rajfv Dha'91an (Senior Advocate)
3. Shri Ajit Kumar Sinha (Senior Advocate)
4. Shri Dushyant Dave (Senior Advocate)
5. Shri Harin P. Raval (Senior Advocate)
6. Shri A.D.N. Rao (Ad:rocate)
~ ~ ~~\\,/ .~ . ""','-J/
f"\'S~ .. dj , \.J ~.
':t: '", ~'\:;~,/'
At the time when the order was passed, except Mr. bushyant Dave, all
other learned advocates were present in Court. Mr.Dushyant Dave was
.....
r
b3 W.P. (Cd) No. 25 of 2016
REPORT OF THE COMMITTEE APPOINTED VIDE YOUR
LORDSHIPS ORDER DATED 17.02.2016.
,This report has been filed pursuant to the directions rendered by this Hon'ble
Court in the above mentioned proceedings, by the Committee, appointed by
your Lordships order dated 17.02.2016 to visit the Court premises oLPatiala ,
House Courts Comp\ex where accused Kanhaiya Kumar was to be produced
and to report the existing state of affairs in respect of which a mention was
made by Shri Prashant Bhushan, Advocate and Ms. Indira Jaising, Sf.
Advocate, pursuant to the information .received by them in respect of the
proceedings before the Patiala House Court had commenced at 2 PM when
accused Kanhaiya Kumar was produced before the said Court.
It be mentioned that after hearing the above mentioned matter, an order
was rendered by this Hon'b~e Court in the morning session of 17.02.2016. A
copy whereof is enclosed herewith for ready reference and marked as
Enclosure-A.
At around 2.15 PM an extraordinary mention was made before this
Hon'ble Court, in spite of the order passed in the forenoon, in view of the
tensed situation building up in the Patiala House court complex where a group
of la~ers and others were stated to be resorting to violence, threatening
security of accused Kanhaiya Kumar as well as his Counsels and 5 other
journalists who were permitted under the orders of this Hon'ble Court passed
in the forenoon to attend the said proceedings. In view of the said mentioning
this Hon'ble Court deemed it appropriate to depute members of the Bar of this
Hon'ble Court to observe the situation and report to this Court. Accordingly
(
the following Advocates were deputed to proceed to Patiala HOl~~~\
Complex and report the factual SltuatlOn eXlstmg there. The m)e,~ "O~ file -:\,
Committee are: ' ~"
~~ ~~i)' 1. Shri Kapil Sibal (Senior Advocate)
~
2. Shri (Dr.) Rajfv Dha'91an (Senior Advocate)
3. Shri Ajit Kumar Sinha (Senior Advocate)
4. Shri Dushyant Dave (Senior Advocate)
5. Shri Harin P. Raval (Senior Advocate)
6. Shri A.D.N. Rao (Ad:rocate)
~ ~ ~~\\,/ .~ . ""','-J/
f"\'S~ .. dj , \.J ~.
':t: '", ~'\:;~,/'
At the time when the order was passed, except Mr. bushyant Dave, all
other learned advocates were present in Court. Mr.Dushyant Dave was
.....
telephonically informed with a request to reach the Patiala House Court
Complex immediately.
After the order was passed by this Hon'ble Court, the Members of
Committee straightaway went to the Office of the Deputy Commissioner of
Police (Supreme Court Compound) Mr. Bharadwaj, which is located at the
Ground Floor of the Supreme Court Premises. After waiting for about 10
minutes for his arrival, two telephone calls were made to his personal mobile
number 9818994381,first at 3:02 P.M. and again at 3:04 P.M., by Mr. Raval
from his mobile, but could not connect to him, as his phone was engaged. ,A
request was then made to his staff to convey the message on the wireless or to
dispatch some police personnel to request his presence, so as to depute ~
a team of officers to accompany the members of the Committee to the Pahala
House Court Complex for ascertaining facts to report the matter to this Honble
Court. Upon his arrival, it took about 10 minutes for the members of
Committee to. depart from the premises. It was deemed fit by the members of
the Committee to proceed to the Patiala House Court Complex in Police
vehicles on account of the law and order situation as was narrated before this
Hon'ble Court at the time when the mater was mentioned. The DCP Mr.
Bharadwaj along with his. men personally accompanied the members of the
Committee and together they proceeded to the Patiala House Courts Complex;
While on the way, a phone call was ,received from mobile number 9582151000
\¥as reGeivee on the cell phone of Mr. Raval at 3: 13 P.M. The caller identified
himself to be a Junior of Ms Vrinda Grover, (learned Counsel of the accused)
and narrat~q over the phone that they were all inside the Court Room which
had to be locked and that they were feeling apprehensive about personal injury
to themselves. Mr. Raval informed that they were on the way along with all the
team members, and would arrive shortly at the Pahala House Court Complex.
Another phone call was received from mobile number 9717114182, at 3:15
P.M. by Mr. Raval on his mobile. This time the caller identified himself as the
Junior of Ms. Rebecca John (Ld. Sr. Advocate) and informed that he was
present at the Patiala House Court and narrated their fear and anxiety on
account of the slogans being raised repeatedly by the crowd that had
assembled outside. It was informed by Mr. Raval that they were on their way to
the Court. Police should have taken an earlier turn to reach which they didn't.
On account of severe traffic congestion on the way to the Patiala House
Court Complex, it was decided by the Committee Members to get down from
the Police vehicles and to walk to the Court Complex. Accordingly, all members
of the Committee along with the D.C.P. and accompanying Police personnel
alighted at the Northern End of the Patiala House Court Complex building on
II ~
.1
telephonically informed with a request to reach the Patiala House Court
Complex immediately.
After the order was passed by this Hon'ble Court, the Members of
Committee straightaway went to the Office of the Deputy Commissioner of
Police (Supreme Court Compound) Mr. Bharadwaj, which is located at the
Ground Floor of the Supreme Court Premises. After waiting for about 10
minutes for his arrival, two telephone calls were made to his personal mobile
number 9818994381,first at 3:02 P.M. and again at 3:04 P.M., by Mr. Raval
from his mobile, but could not connect to him, as his phone was engaged. ,A
request was then made to his staff to convey the message on the wireless or to
dispatch some police personnel to request his presence, so as to depute ~
a team of officers to accompany the members of the Committee to the Pahala
House Court Complex for ascertaining facts to report the matter to this Honble
Court. Upon his arrival, it took about 10 minutes for the members of
Committee to. depart from the premises. It was deemed fit by the members of
the Committee to proceed to the Patiala House Court Complex in Police
vehicles on account of the law and order situation as was narrated before this
Hon'ble Court at the time when the mater was mentioned. The DCP Mr.
Bharadwaj along with his. men personally accompanied the members of the
Committee and together they proceeded to the Patiala House Courts Complex;
While on the way, a phone call was ,received from mobile number 9582151000
\¥as reGeivee on the cell phone of Mr. Raval at 3: 13 P.M. The caller identified
himself to be a Junior of Ms Vrinda Grover, (learned Counsel of the accused)
and narrat~q over the phone that they were all inside the Court Room which
had to be locked and that they were feeling apprehensive about personal injury
to themselves. Mr. Raval informed that they were on the way along with all the
team members, and would arrive shortly at the Pahala House Court Complex.
Another phone call was received from mobile number 9717114182, at 3:15
P.M. by Mr. Raval on his mobile. This time the caller identified himself as the
Junior of Ms. Rebecca John (Ld. Sr. Advocate) and informed that he was
present at the Patiala House Court and narrated their fear and anxiety on
account of the slogans being raised repeatedly by the crowd that had
assembled outside. It was informed by Mr. Raval that they were on their way to
the Court. Police should have taken an earlier turn to reach which they didn't.
On account of severe traffic congestion on the way to the Patiala House
Court Complex, it was decided by the Committee Members to get down from
the Police vehicles and to walk to the Court Complex. Accordingly, all members
of the Committee along with the D.C.P. and accompanying Police personnel
alighted at the Northern End of the Patiala House Court Complex building on
II ~
.1
Tilak Marg and started walking in the back lane of the building, so as to reach
the Court premises.
While they were walking, at 3:21 P.M. another call was received from the
number 9582151000, who had earlier called Mr. Raval enquiring as to where
the memb~r~ of the Committee had reached, to which Mr. Raval replied that
they were about to enter the Court. The caller expressed his anxiety and fear in
view of the situation described by him as tense. Thereafter two missed calls
were also received from Mobile Nos: 9582151000 at .3:21 pm and from
9117114182 at 3:25 pm respectively on Mr. Raval's mobile,. while they were
proceeding on foot to the Court as stated above .
. The Committee members entered inside the Court premises and went to
the Court House Building, and proceeded towards Courts No. 1 to 10, as
indicated by an arrow on the signboard. At the entry to the Court Hquse
Building, it was noticed that the Entry Gate was locked, and police personnel
were present.
At the Entrance there were barricades at a distance of 5 to 10 feet behind
where there was a large mob of lawyers shouting slogans. The atmosphere was
surcharged and intimidating. The Committee members entered the Court
building and went straight to the Court Room on the Right Hand Side, where
the Lawyer of accused, Ms. Vrinda Grover was present with her other
colleagues. She was terrified. On being asked she narrated what had
happened, which was captured on the Phone of Mr. Harin Raval, in a video
recording format.
Briefly stated, she narrated the following:
That when they (i.e., the team of lawyers representing the accused
kanhaiya) reached Patiala House Court, the Registrar General, his officers as
well as the DCP Mr. Jatin Narwal were there. They were asked to show the
Supreme Court order which was shown. Their I-Cards were demanded. The
phones were deposited and according to her only the lawyers who were named
in the order were permitted to attend the hearing and not even the advocates
who had filed Vakalatnama as the advocates-on record and who were asked to
leave. She further stated that when they were entering, there was a lot of
slogan calling. They felt very intimidated as the situation was extremely
hostile. According to her she repeatedly told the police and the Registrar
General to ensure the safety as there was a hostile atmosphere and she further
made repeated requests to the police officers reminding them that the safety of
the accused is paramount and that they also must be safely escorted to their
vehicle. She stated that they were in fear. According to her the slogganing
Tilak Marg and started walking in the back lane of the building, so as to reach
the Court premises.
While they were walking, at 3:21 P.M. another call was received from the
number 9582151000, who had earlier called Mr. Raval enquiring as to where
the memb~r~ of the Committee had reached, to which Mr. Raval replied that
they were about to enter the Court. The caller expressed his anxiety and fear in
view of the situation described by him as tense. Thereafter two missed calls
were also received from Mobile Nos: 9582151000 at .3:21 pm and from
9117114182 at 3:25 pm respectively on Mr. Raval's mobile,. while they were
proceeding on foot to the Court as stated above .
. The Committee members entered inside the Court premises and went to
the Court House Building, and proceeded towards Courts No. 1 to 10, as
indicated by an arrow on the signboard. At the entry to the Court Hquse
Building, it was noticed that the Entry Gate was locked, and police personnel
were present.
At the Entrance there were barricades at a distance of 5 to 10 feet behind
where there was a large mob of lawyers shouting slogans. The atmosphere was
surcharged and intimidating. The Committee members entered the Court
building and went straight to the Court Room on the Right Hand Side, where
the Lawyer of accused, Ms. Vrinda Grover was present with her other
colleagues. She was terrified. On being asked she narrated what had
happened, which was captured on the Phone of Mr. Harin Raval, in a video
recording format.
Briefly stated, she narrated the following:
That when they (i.e., the team of lawyers representing the accused
kanhaiya) reached Patiala House Court, the Registrar General, his officers as
well as the DCP Mr. Jatin Narwal were there. They were asked to show the
Supreme Court order which was shown. Their I-Cards were demanded. The
phones were deposited and according to her only the lawyers who were named
in the order were permitted to attend the hearing and not even the advocates
who had filed Vakalatnama as the advocates-on record and who were asked to
leave. She further stated that when they were entering, there was a lot of
slogan calling. They felt very intimidated as the situation was extremely
hostile. According to her she repeatedly told the police and the Registrar
General to ensure the safety as there was a hostile atmosphere and she further
made repeated requests to the police officers reminding them that the safety of
the accused is paramount and that they also must be safely escorted to their
vehicle. She stated that they were in fear. According to her the slogganing
continued and severa] persons went to terrace from which the Court was
directly visible. She brought it to the notice of the l~egistrar General and the
DCP with the request to remove the counsels since there was an intimidating
environment. When the accused was produced, he was immediately taken to
the court room on the other side and the phones of the Counsels wJre also
taken. They were told to wait in the Court room opposite to the Court room
where the accused was to be produced. Their identity cards were checked and ,
every other requirement requested by the Registrar General was complied with.
She then stated that the accused was subjected to assault and beating.
According to the facts stated, the accused waS manhandled and beaten not
only at the time of entering the court premises but also inside the court room .
. 8he stated that while she was in the court room on the other side she'
sensed something in other court room and a man came out of the court room
where the accused was produced, wearing a suit and dark glasses and when he
was asked his name by the police, the man took off his glasses and questioned
the police as. to why he should disclose his name and he walked passed the
police officers and nobody stopped him. She wondered as to how this man
could come in and exit.
Thereafter she introduced the Jawaharlal Nehru University faculty
member Mr. Himanshu who stated that the accused Kanhaiya Kumar had
pointed to the man inside the room as the one who was beating and assaulted
on him and the faculty member Mr. Himanshu requested the three High Court
officials as well as police officers to please stop him, and to please arrest him as
this is the man who Kanhaiya Kumar was assaulted by and yet they allowed
the said man to go. Ms. Vrinda Grover then stated that he was first beaten 'up
outside. He lost his sleepers and' his clothes were torn in the process of
entering inside the Court. However, surprisingly these two unidentified men
were allowed to go inside the Court. According to her those two men came in
and assaulted Kanhaiya Kumar and the senior most police officers allowed
them to go. According to her the incident had happened in front of her eyes.
Ms. Grover asked the Committee members to verify these facts from DCP Mr.
J atin N arwal and the Registrar General of the High Court.
Mr. Raval requested DCP Mr. Jatin Narwal t? go and state his side of the
version so as to accurately report to this Hon'ble court. According to faculty
member Mr. Himanshu, the Registrar General of the High Court who was
present there was also requested to take action at the time when the accused I
was assaulted. Then Mr. Sibal asked the DCP 8hri Jatin Narwal as to why he
did not arrest the said person that he was' specifically pointed out, to which the (,
continued and severa] persons went to terrace from which the Court was
directly visible. She brought it to the notice of the l~egistrar General and the
DCP with the request to remove the counsels since there was an intimidating
environment. When the accused was produced, he was immediately taken to
the court room on the other side and the phones of the Counsels wJre also
taken. They were told to wait in the Court room opposite to the Court room
where the accused was to be produced. Their identity cards were checked and ,
every other requirement requested by the Registrar General was complied with.
She then stated that the accused was subjected to assault and beating.
According to the facts stated, the accused waS manhandled and beaten not
only at the time of entering the court premises but also inside the court room .
. 8he stated that while she was in the court room on the other side she'
sensed something in other court room and a man came out of the court room
where the accused was produced, wearing a suit and dark glasses and when he
was asked his name by the police, the man took off his glasses and questioned
the police as. to why he should disclose his name and he walked passed the
police officers and nobody stopped him. She wondered as to how this man
could come in and exit.
Thereafter she introduced the Jawaharlal Nehru University faculty
member Mr. Himanshu who stated that the accused Kanhaiya Kumar had
pointed to the man inside the room as the one who was beating and assaulted
on him and the faculty member Mr. Himanshu requested the three High Court
officials as well as police officers to please stop him, and to please arrest him as
this is the man who Kanhaiya Kumar was assaulted by and yet they allowed
the said man to go. Ms. Vrinda Grover then stated that he was first beaten 'up
outside. He lost his sleepers and' his clothes were torn in the process of
entering inside the Court. However, surprisingly these two unidentified men
were allowed to go inside the Court. According to her those two men came in
and assaulted Kanhaiya Kumar and the senior most police officers allowed
them to go. According to her the incident had happened in front of her eyes.
Ms. Grover asked the Committee members to verify these facts from DCP Mr.
J atin N arwal and the Registrar General of the High Court.
Mr. Raval requested DCP Mr. Jatin Narwal t? go and state his side of the
version so as to accurately report to this Hon'ble court. According to faculty
member Mr. Himanshu, the Registrar General of the High Court who was
present there was also requested to take action at the time when the accused I
was assaulted. Then Mr. Sibal asked the DCP 8hri Jatin Narwal as to why he
did not arrest the said person that he was' specifically pointed out, to which the (,
DCP replied that he did not know by that time that they were the attackers.
1\1r. Dave who had by then directly reached the Court also asked DCP whether
he allowed the attack to take place in Court premises. Mr. Dave also asked as
to whether Mr. Jatin Narwal posted his policeman and as to what they were
doing? According to OCP Mr. Jatin Narwal, there was an arrangement. Mr.
Sibal asked the DCP as to why a person who was not in court uniform or not
wearing a band was allowed inside the court premises despite the Supreme
Court Order. He was not even wearing the black suit but a gray stripes suit.
According to the OCP Shri Jatin Narwal, the said person came with an escort
party. Mr. A.D.N. Rao also asked as to why the said person was allowed inside
when the order of this Hon'ble court only permitted 6 named lawyers .and 5
joutnalists to be present. According to OCP, the said person had come from
gate ·No. 5. Mr. Rava1 asked the DCP as to how had he come with an escort
party and who authorized the escort.. Then the DCP said that it is not an
escort party to which Mr. Sibal confronted him that a moment ago he as said
that the said person came with an escort party. Dr. Dhawan asked him as to
wl)ether the name of the said person was on his list. Mr. Dave then asked the
DCP as to now have you arrested him or you have allowed him to run away. I
Mr. Dave asked as to how he was allowed to escape to which the DCP replied
that they do not know. According to DCP they knew of the Supreme Court
order and that is why they made the arrangement but the escort party was
from another district. According to the DCP Mr. Narwal, he was not there
inside ( this statement later on gets contradicted by the Registrar General who
in the presence of DCP had later stated that he was very much in the court
room).
According to DCP there were officers from the South District that
constituted the escort party. According to the DCP, the moment he got to know
that there are two persons sitting inside the court, he ran to arrest them. Mr.
pave repeatedly kept asking him that how could have they allowed anybody
else to enter the court room. The committee members were wondering as to
how they could enter and if they entered how could they leave, without they
I
being arrested despite security arrangements.
Mr. Sibal asked the person to be called whose duty it was. The SHO of
the area was requested to come forward. Mr. Sushi! Kumar ( who had no
nameplate on his uniform), came forward and identified himself as SHO Tilak ,
Marg Police Station. Mr Dave asked as to whether he was aware of the
Supreme Court's order, to which he replied in the affirmative. Mr. Sibal asked
as to how then the said person was allowed to enter the court room. The
Sarojini Nagar Police Station SHO was also present there. Nobody could repJy
DCP replied that he did not know by that time that they were the attackers.
1\1r. Dave who had by then directly reached the Court also asked DCP whether
he allowed the attack to take place in Court premises. Mr. Dave also asked as
to whether Mr. Jatin Narwal posted his policeman and as to what they were
doing? According to OCP Mr. Jatin Narwal, there was an arrangement. Mr.
Sibal asked the DCP as to why a person who was not in court uniform or not
wearing a band was allowed inside the court premises despite the Supreme
Court Order. He was not even wearing the black suit but a gray stripes suit.
According to the OCP Shri Jatin Narwal, the said person came with an escort
party. Mr. A.D.N. Rao also asked as to why the said person was allowed inside
when the order of this Hon'ble court only permitted 6 named lawyers .and 5
joutnalists to be present. According to OCP, the said person had come from
gate ·No. 5. Mr. Rava1 asked the DCP as to how had he come with an escort
party and who authorized the escort.. Then the DCP said that it is not an
escort party to which Mr. Sibal confronted him that a moment ago he as said
that the said person came with an escort party. Dr. Dhawan asked him as to
wl)ether the name of the said person was on his list. Mr. Dave then asked the
DCP as to now have you arrested him or you have allowed him to run away. I
Mr. Dave asked as to how he was allowed to escape to which the DCP replied
that they do not know. According to DCP they knew of the Supreme Court
order and that is why they made the arrangement but the escort party was
from another district. According to the DCP Mr. Narwal, he was not there
inside ( this statement later on gets contradicted by the Registrar General who
in the presence of DCP had later stated that he was very much in the court
room).
According to DCP there were officers from the South District that
constituted the escort party. According to the DCP, the moment he got to know
that there are two persons sitting inside the court, he ran to arrest them. Mr.
pave repeatedly kept asking him that how could have they allowed anybody
else to enter the court room. The committee members were wondering as to
how they could enter and if they entered how could they leave, without they
I
being arrested despite security arrangements.
Mr. Sibal asked the person to be called whose duty it was. The SHO of
the area was requested to come forward. Mr. Sushi! Kumar ( who had no
nameplate on his uniform), came forward and identified himself as SHO Tilak ,
Marg Police Station. Mr Dave asked as to whether he was aware of the
Supreme Court's order, to which he replied in the affirmative. Mr. Sibal asked
as to how then the said person was allowed to enter the court room. The
Sarojini Nagar Police Station SHO was also present there. Nobody could repJy
as to how 2 men entered into the court room despite the order of the Supreme 6 S?;
,urt which permitted only the named persons therein to enter. Mr. Dhawan,
and Mr. Sibal repeatedly asked all the police personnel as to how the person
whose name was not on the list as per the Supreme Court order could enter
the Court room.
The police official Mr. Vii·ender Jain who had himself stated to have
accompanied the accused was asked as to how persons other than those
named in the order of the Supreme Court were permitted to enter. According to
8hri Virender Jain, the said person when asked, replied that he was the lawyer
of the accused. He was specifically asked as to whether the accused was
beaten/ assaulted by the said person who had managed to eriter the Court
room to which Mr. Virender Jain replied that he does not know whether the
said person was inside the Court Room. It was surprising though he was in
the Court room with the accused and yet he could not ascertain whether the
accused was in fact beaten up or not. Mr Sibal then asked the police personnel
to call the officer who permitted the said persons to enter the Court room. Mr.
Dhawan asked to call all those officers who were present at the time when the
beating took place. According to Committee members unanimously, the
responsibility had to be fastened on all the police personnel who were present
there and were aware of the direction of this Hon'ble Court despite this
unauthorizedly two persons were knowingly permitted to enter and let assault
take place in the Court Room and outside in the Court premises.
Mr. Sibal repeatedly kept asking as to who are the officers? Mr. Dave
asked as to whether the assault had taken place in the room that they were
standing, to which the DCP responded that "It did not take place", meaning in
the Court room where we are standing. According to the DCP the assault took
place somewhere on the way. Mr. Himanshu, faculty member requested the
Committee members to ascertain the same from the Registrar General of the
High Court of Delhi. The Committee members asked the faculty member to
confirm whether the assault did in fact take place in the Court Room, which
..;vas replied to by the Faculty member that the assault took place inside the
Court Room.
The Committee' Members recorded the entire statement of Kanhaiya
Kumar, accused, who came inside the other Court room where the Committee
members were present. Amongst other things in the longish statement of
Kanhaiya Kumar, what is remarkable is that he stated that he had repeatedly
brought to the attention of the personnel that the person who had assaulted
him at an earlier occasiol1., was inside the Court Room, despite which no action
.1
as to how 2 men entered into the court room despite the order of the Supreme 6 S?;
,urt which permitted only the named persons therein to enter. Mr. Dhawan,
and Mr. Sibal repeatedly asked all the police personnel as to how the person
whose name was not on the list as per the Supreme Court order could enter
the Court room.
The police official Mr. Vii·ender Jain who had himself stated to have
accompanied the accused was asked as to how persons other than those
named in the order of the Supreme Court were permitted to enter. According to
8hri Virender Jain, the said person when asked, replied that he was the lawyer
of the accused. He was specifically asked as to whether the accused was
beaten/ assaulted by the said person who had managed to eriter the Court
room to which Mr. Virender Jain replied that he does not know whether the
said person was inside the Court Room. It was surprising though he was in
the Court room with the accused and yet he could not ascertain whether the
accused was in fact beaten up or not. Mr Sibal then asked the police personnel
to call the officer who permitted the said persons to enter the Court room. Mr.
Dhawan asked to call all those officers who were present at the time when the
beating took place. According to Committee members unanimously, the
responsibility had to be fastened on all the police personnel who were present
there and were aware of the direction of this Hon'ble Court despite this
unauthorizedly two persons were knowingly permitted to enter and let assault
take place in the Court Room and outside in the Court premises.
Mr. Sibal repeatedly kept asking as to who are the officers? Mr. Dave
asked as to whether the assault had taken place in the room that they were
standing, to which the DCP responded that "It did not take place", meaning in
the Court room where we are standing. According to the DCP the assault took
place somewhere on the way. Mr. Himanshu, faculty member requested the
Committee members to ascertain the same from the Registrar General of the
High Court of Delhi. The Committee members asked the faculty member to
confirm whether the assault did in fact take place in the Court Room, which
..;vas replied to by the Faculty member that the assault took place inside the
Court Room.
The Committee' Members recorded the entire statement of Kanhaiya
Kumar, accused, who came inside the other Court room where the Committee
members were present. Amongst other things in the longish statement of
Kanhaiya Kumar, what is remarkable is that he stated that he had repeatedly
brought to the attention of the personnel that the person who had assaulted
him at an earlier occasiol1., was inside the Court Room, despite which no action
.1
was taken either by the Police or the Registrar General. According to him he
had also brought the facts to the notice of the Ld. Magistrate as regards the
assault. Kanhaiya Kumar looked intimidated, terrified, injured and could not
even stand up from ti-is chair. He narrated the entire incident in the following
words, which can be briefly stated as under:
. iiThat the police brought me to the Court and I did not know the gate number
from where we entered." First he was attacked as soon as he entered inside the
premises of the Patiala House Court, in which process. even media persons
were injured. Thereafter there was a mob, which was in dress of Advocates,
and which attacked him. Mr. Siba~ asked him as to when was he attacked to
which he responded saying while entering inside the Court. According to him
the mob was prepared to attack him. Out of these persons in the mob; some
persons v.:e~e calling other persons to join them in the assault by distinctively
shouting iiHehas come" "He has come". He was then assaulted and dealt with
by fist and kick blows in stomach arid other parts of his body. When Mr. Sibal
and Mr. Dave asked him as to who were the Policemen with whom he was
accompanied and whether he could identify the assaulter? He replied that even
the policemen were being assaulted and he could not identify the assailants as
he was being beaten.
The DCP tried to intervene while Mr. Dave and Mr. Sibal asked him as to what
was the police doing and how did they not resort to Lathicharge and other
police measures to stop the assault? According to the police, some personl also
inDicted blade injury on a policeman. Even according to the accused, Kanhaiya
Kumar, the police who had escorted the said accused were also assaulted. Mr.
Sibal asked as to whether there were other policemen at the place where he
was beaten? To which he responded in the affirmative. According to the
accused, there was a Mob. He was asked as to whether there were policemen
nearby and what they were doing? Kanhaiya Kumar replied that there were
policemen but he could not see as to what they were doing as he had fallen to
the ground on account of th~ repeated fists/kick blows to his body. Mr. Sibal
asked the DCP as to whether he was listening to these statements? DCP had
no reply.
Mr. Sibal asked the DCP to give the names of all those police personnel who
were present there. According to the accused they have come right inside from
the Entrance gate, and out of them one person from the mob managed to get
inside the Court room" who then came and sat behind the accused. According
to the accused he immediately informed the faculty member, Mr. Himanshu
that the person sitting behind was the person who had assaulted him earlier,
and he had identified him. The. police then asked the said person as to what
was he doing? To which' the said person'replied to the police in uniform as to
was taken either by the Police or the Registrar General. According to him he
had also brought the facts to the notice of the Ld. Magistrate as regards the
assault. Kanhaiya Kumar looked intimidated, terrified, injured and could not
even stand up from ti-is chair. He narrated the entire incident in the following
words, which can be briefly stated as under:
. iiThat the police brought me to the Court and I did not know the gate number
from where we entered." First he was attacked as soon as he entered inside the
premises of the Patiala House Court, in which process. even media persons
were injured. Thereafter there was a mob, which was in dress of Advocates,
and which attacked him. Mr. Siba~ asked him as to when was he attacked to
which he responded saying while entering inside the Court. According to him
the mob was prepared to attack him. Out of these persons in the mob; some
persons v.:e~e calling other persons to join them in the assault by distinctively
shouting iiHehas come" "He has come". He was then assaulted and dealt with
by fist and kick blows in stomach arid other parts of his body. When Mr. Sibal
and Mr. Dave asked him as to who were the Policemen with whom he was
accompanied and whether he could identify the assaulter? He replied that even
the policemen were being assaulted and he could not identify the assailants as
he was being beaten.
The DCP tried to intervene while Mr. Dave and Mr. Sibal asked him as to what
was the police doing and how did they not resort to Lathicharge and other
police measures to stop the assault? According to the police, some personl also
inDicted blade injury on a policeman. Even according to the accused, Kanhaiya
Kumar, the police who had escorted the said accused were also assaulted. Mr.
Sibal asked as to whether there were other policemen at the place where he
was beaten? To which he responded in the affirmative. According to the
accused, there was a Mob. He was asked as to whether there were policemen
nearby and what they were doing? Kanhaiya Kumar replied that there were
policemen but he could not see as to what they were doing as he had fallen to
the ground on account of th~ repeated fists/kick blows to his body. Mr. Sibal
asked the DCP as to whether he was listening to these statements? DCP had
no reply.
Mr. Sibal asked the DCP to give the names of all those police personnel who
were present there. According to the accused they have come right inside from
the Entrance gate, and out of them one person from the mob managed to get
inside the Court room" who then came and sat behind the accused. According
to the accused he immediately informed the faculty member, Mr. Himanshu
that the person sitting behind was the person who had assaulted him earlier,
and he had identified him. The. police then asked the said person as to what
was he doing? To which' the said person'replied to the police in uniform as to
who are they, and asked them to show their ID Cards. According to the 1u ~cused, there were Supreme Court officers present there, which Mr. Dhay,ran
clarified to be the officers of the Delhi High Court. According to the accused,
the said persons left after attacking him in front of the police and the Police did
nothing.
According to the accused, this person could have been arrested there and then.
The accused further said that he told everyone (the police and the Officials of
the High Court) that this person has assaulted him. Mr. Sibal and Committee
members askedas to whether he could identify the Police personnel who were
present there vvith him to which he replied in the affirmative. According to him
/his lawyer Ms. Grover also asked the police officer about his name and his
name plate, to which the police in uniform without the nameplate replied that
during pushing the name plate must have fallen down. The accused told the
. said police officer that he is complaining and that he has identified that person
to be one of them who had assaulted him while he was brought to the Court.
He was, the first person near the gate and the first one who attacked him and
therefore the' accused had seen him and could identify him. According to the
accused he was dealt with fists and kick blows, amidst constant sloganning
and hurling of abuses at him. Mr. Sibal asked as to whether the Police was a
mute spectator? According to the accused, the assailants were highly politically
motivated persons. The accused stated that he was brought inside the Court
room.
The lawyer, Ms. Grover came inside and met him, and he was thereafter given a
glass of water. Ms. Grover then asked the police officers as to why he had lost
his slippers and why were his clothes torn, and how could he be attacked in
the presence of the police? Kanhaiya kumar stated that he also explained these
facts before the ld. Magistrate. The accused stated that he informed the Hon'ble
Judge that when he vvas first produced before him on the earlier day, nothing
had happened. According to him, he had narrated the entire incident despite
him having no lawyer. He further stated that he was a student of Jawaharlal
Nehru University, and a citizen of this Country and was currently pursuing his
PHD. Mr. Sibal asked as to whether the Hon'ble Judge did anything? According
to the accused, the Hon'ble Judge said that he would look into it. The lawyers
demanded for his medical examination. According to the ld. Judge, if the
accused was taken out of the Court, there was a strong likelihood of another
attack on the accused. Therefore he :vas given primary treatment in the Court
dispensary there. He requested the Hon'ble Judge to make a note that he was
under threat, fear and intimidation. According to the Ld. Lawyer, the Hon'ble
Judge was little reluctant to take all these facts on record and therefore the
accused was penning down these facts in his own handwriting to be made part
of the record. The Hon'ble Judge said that let the accused make a statement
;.-
who are they, and asked them to show their ID Cards. According to the 1u ~cused, there were Supreme Court officers present there, which Mr. Dhay,ran
clarified to be the officers of the Delhi High Court. According to the accused,
the said persons left after attacking him in front of the police and the Police did
nothing.
According to the accused, this person could have been arrested there and then.
The accused further said that he told everyone (the police and the Officials of
the High Court) that this person has assaulted him. Mr. Sibal and Committee
members askedas to whether he could identify the Police personnel who were
present there vvith him to which he replied in the affirmative. According to him
/his lawyer Ms. Grover also asked the police officer about his name and his
name plate, to which the police in uniform without the nameplate replied that
during pushing the name plate must have fallen down. The accused told the
. said police officer that he is complaining and that he has identified that person
to be one of them who had assaulted him while he was brought to the Court.
He was, the first person near the gate and the first one who attacked him and
therefore the' accused had seen him and could identify him. According to the
accused he was dealt with fists and kick blows, amidst constant sloganning
and hurling of abuses at him. Mr. Sibal asked as to whether the Police was a
mute spectator? According to the accused, the assailants were highly politically
motivated persons. The accused stated that he was brought inside the Court
room.
The lawyer, Ms. Grover came inside and met him, and he was thereafter given a
glass of water. Ms. Grover then asked the police officers as to why he had lost
his slippers and why were his clothes torn, and how could he be attacked in
the presence of the police? Kanhaiya kumar stated that he also explained these
facts before the ld. Magistrate. The accused stated that he informed the Hon'ble
Judge that when he vvas first produced before him on the earlier day, nothing
had happened. According to him, he had narrated the entire incident despite
him having no lawyer. He further stated that he was a student of Jawaharlal
Nehru University, and a citizen of this Country and was currently pursuing his
PHD. Mr. Sibal asked as to whether the Hon'ble Judge did anything? According
to the accused, the Hon'ble Judge said that he would look into it. The lawyers
demanded for his medical examination. According to the ld. Judge, if the
accused was taken out of the Court, there was a strong likelihood of another
attack on the accused. Therefore he :vas given primary treatment in the Court
dispensary there. He requested the Hon'ble Judge to make a note that he was
under threat, fear and intimidation. According to the Ld. Lawyer, the Hon'ble
Judge was little reluctant to take all these facts on record and therefore the
accused was penning down these facts in his own handwriting to be made part
of the record. The Hon'ble Judge said that let the accused make a statement
;.-
WhICh would then come on rceora. Mr. unawan speCllleallY aSKea as to 1-') whether thereafter he was attacked in the Court Room? To which the accused
replied, not in the Court, in which the Committee members had come, but in
the other Court room.
According to the accused, the person who was inside had already planned to do
something to him. According to the accused there was a life threatening attack
made on him. According to Mr. Sibal, the consequence of the events would
show that there was neither any arrangement on the gate, nor inside the Court
Room. According to Ms. Grover the incident took place after 2:30 P.M. Mr. Dave
asked as to whether the Supreme Court order was communicated, and the
order was in the affirmative, stating that the copies of the order were given.
According to Ms. Grover if they were frisked, how was it, that other man was
allO\yed to enter inside the Court Room. The Committee members unanimously
felt that this was a serious matter and if the Delhi Police knew about the
Supreme Court's order, how could this have ever happened?
Ms. Grover asked Mr. Himanshu, faculty member, to narrate the events as he
was present there. According to Ms'. Grover, she made repeated requests to the
Police to provide the security, which the police did not provide. According to
her, she repeatedly expressed her apprehension. Although the Police Officers
kept sayin.'g' "yes" "yes", but they did not take any steps. According to her the
security arrangements and bandobast which was recorded in the video had
come in only now inside the Court room, when the people appointed by the
Supreme Court to witness the event had come and find out the facts were sent.
Ms. Grover showed the far end of the hallway from where he was brought, and
said that there was no arrangement when the accused was brought in, despite
her repeated requests. He was brought in the hallway, and they were sitting
inside the Court room where the accused was produced. The Registrar General
was sitting inside the Court Room. (In the background, the slogans shouting . I
even against Mr. Sibal, a member of the Committee are distinctly heard in the
video recording. It may be' mentioned that there was continuous slogan
shouting which escalated the surcharging of atmosphere. There was a clear
attempt to create an atmosphere of fear and intimidation, which was witnessed
by the Members of the Fact finding Committee.
The Ld. Registrar General refused to acknowledge that the Accused was hit in
his presence, and that according to him he had not seen it. Though the
Registrar General had acknowledged the fact that this person who was not one
of the persons permitted by the Hon'ble Supreme Court was very much present
inside the Court Room. Mr. Himanshu, Faculty member, then narrated that the
entire incident took place in the presence of the Registrar General. According to
the Registrar General he had not seen that the accused was being hit by that
person but according to him he did in fa.ct inquire from the SHO as to who he
WhICh would then come on rceora. Mr. unawan speCllleallY aSKea as to 1-') whether thereafter he was attacked in the Court Room? To which the accused
replied, not in the Court, in which the Committee members had come, but in
the other Court room.
According to the accused, the person who was inside had already planned to do
something to him. According to the accused there was a life threatening attack
made on him. According to Mr. Sibal, the consequence of the events would
show that there was neither any arrangement on the gate, nor inside the Court
Room. According to Ms. Grover the incident took place after 2:30 P.M. Mr. Dave
asked as to whether the Supreme Court order was communicated, and the
order was in the affirmative, stating that the copies of the order were given.
According to Ms. Grover if they were frisked, how was it, that other man was
allO\yed to enter inside the Court Room. The Committee members unanimously
felt that this was a serious matter and if the Delhi Police knew about the
Supreme Court's order, how could this have ever happened?
Ms. Grover asked Mr. Himanshu, faculty member, to narrate the events as he
was present there. According to Ms'. Grover, she made repeated requests to the
Police to provide the security, which the police did not provide. According to
her, she repeatedly expressed her apprehension. Although the Police Officers
kept sayin.'g' "yes" "yes", but they did not take any steps. According to her the
security arrangements and bandobast which was recorded in the video had
come in only now inside the Court room, when the people appointed by the
Supreme Court to witness the event had come and find out the facts were sent.
Ms. Grover showed the far end of the hallway from where he was brought, and
said that there was no arrangement when the accused was brought in, despite
her repeated requests. He was brought in the hallway, and they were sitting
inside the Court room where the accused was produced. The Registrar General
was sitting inside the Court Room. (In the background, the slogans shouting . I
even against Mr. Sibal, a member of the Committee are distinctly heard in the
video recording. It may be' mentioned that there was continuous slogan
shouting which escalated the surcharging of atmosphere. There was a clear
attempt to create an atmosphere of fear and intimidation, which was witnessed
by the Members of the Fact finding Committee.
The Ld. Registrar General refused to acknowledge that the Accused was hit in
his presence, and that according to him he had not seen it. Though the
Registrar General had acknowledged the fact that this person who was not one
of the persons permitted by the Hon'ble Supreme Court was very much present
inside the Court Room. Mr. Himanshu, Faculty member, then narrated that the
entire incident took place in the presence of the Registrar General. According to
the Registrar General he had not seen that the accused was being hit by that
person but according to him he did in fa.ct inquire from the SHO as to who he
.. . . 1~ was and that he should be removed and arrested. Mr. Dave asked hIm as to
vhether the Registrar General was aware of the Supreme Court order and as to
how a person not named therein may be allowed to enter inside the Court
Room. The ld. Registrar General replied that he was aware of the order of this
Hon'ble Court and according to him, he had already given directions to the
Police. Furthermore he had directed the DCP and a copy of the Order of the
. Supreme Court was also given to him.
The ld. Registrar General was asked, as to how such person could come inside
the Court Room, to which he answered that it was only the police personnel
who could reply. Mr. A.D.N. Rao asked the Registrar General that if the Hon'ble
Supreme Court had named only six lawyers and five journalists who' were
permitted to go inside the-Court room; then how could any other person enter?
Mr. Raval asked a very simple question to the Registrar General that if the
Supreme Court order was known to him and if a person who was not looking
like a lawyer, was present inside the Court room, did the Registrar General
~~ inquireql. about his presenc~? To which the Registrar General replied that
realizing that this person was not in the list, he should be arrested. Mr. Kapil
Sibal asked the Registrar General as to how he was permitted to go, to which
the Registrar General replied that there were 12 to 13 policemen. Mr. Sibal
asked as to why did he not get him arrested, to which the ld. Registrar General
said that he did in fact asked that this man should be arrested. Mr. Sibal I
asked to whom did the Registrar General asked for arresting the man, to which
it was replied that "to policemen". On repeated inquiry as to which policeman
was asked to make the arrest, the Registrar General responded by saying, to
each and everyone.of the police personnel who were present there. (If this were
believed to be true, there was a complete failure of discharge of duties of one
and all, more particularly the police personnel, especially in light of the Orders
rendered by the Hon'ble Supreme Court in the forenoon). Mr. Sibal asked the
Id. Registrar General to identify one or two of the twelve or thirteen police
personnel to whom he asked regarding making of the arrest? According to the
Registrar General, the said request was made to the DCP. He said that the
DCP, Mr. Jatin Narwal was also there. It was then that the DCr Mr. Narwal,
was asked by Mr. Siba1 as to why he did not arrest that man, despite the
Registrar General asking him to do so? The DCP flatly refused that he was not
asked by the Registrar General to make the arrest, to which the Registrar
General reiterated saying that he did ask the· DCP to make the arrest.
According to Ld. Registrar General there were 10 - 12 other personnel in
addition to the DCP who were all told to arrest the man. Mr. Sibal asked DCP
to give the names of all the police personnel with their designations. According
to DCP, on being questioned as to who were those 12 to 13 police persons, he
replied that those were the 0fficers fr~rr: the South Delhi District team.
.. . . 1~ was and that he should be removed and arrested. Mr. Dave asked hIm as to
vhether the Registrar General was aware of the Supreme Court order and as to
how a person not named therein may be allowed to enter inside the Court
Room. The ld. Registrar General replied that he was aware of the order of this
Hon'ble Court and according to him, he had already given directions to the
Police. Furthermore he had directed the DCP and a copy of the Order of the
. Supreme Court was also given to him.
The ld. Registrar General was asked, as to how such person could come inside
the Court Room, to which he answered that it was only the police personnel
who could reply. Mr. A.D.N. Rao asked the Registrar General that if the Hon'ble
Supreme Court had named only six lawyers and five journalists who' were
permitted to go inside the-Court room; then how could any other person enter?
Mr. Raval asked a very simple question to the Registrar General that if the
Supreme Court order was known to him and if a person who was not looking
like a lawyer, was present inside the Court room, did the Registrar General
~~ inquireql. about his presenc~? To which the Registrar General replied that
realizing that this person was not in the list, he should be arrested. Mr. Kapil
Sibal asked the Registrar General as to how he was permitted to go, to which
the Registrar General replied that there were 12 to 13 policemen. Mr. Sibal
asked as to why did he not get him arrested, to which the ld. Registrar General
said that he did in fact asked that this man should be arrested. Mr. Sibal I
asked to whom did the Registrar General asked for arresting the man, to which
it was replied that "to policemen". On repeated inquiry as to which policeman
was asked to make the arrest, the Registrar General responded by saying, to
each and everyone.of the police personnel who were present there. (If this were
believed to be true, there was a complete failure of discharge of duties of one
and all, more particularly the police personnel, especially in light of the Orders
rendered by the Hon'ble Supreme Court in the forenoon). Mr. Sibal asked the
Id. Registrar General to identify one or two of the twelve or thirteen police
personnel to whom he asked regarding making of the arrest? According to the
Registrar General, the said request was made to the DCP. He said that the
DCP, Mr. Jatin Narwal was also there. It was then that the DCr Mr. Narwal,
was asked by Mr. Siba1 as to why he did not arrest that man, despite the
Registrar General asking him to do so? The DCP flatly refused that he was not
asked by the Registrar General to make the arrest, to which the Registrar
General reiterated saying that he did ask the· DCP to make the arrest.
According to Ld. Registrar General there were 10 - 12 other personnel in
addition to the DCP who were all told to arrest the man. Mr. Sibal asked DCP
to give the names of all the police personnel with their designations. According
to DCP, on being questioned as to who were those 12 to 13 police persons, he
replied that those were the 0fficers fr~rr: the South Delhi District team.
A "f] .
3 9 speCl IC questlOn was asked to DCP by Mr. Raval that when the ld. Registral
General asked the DCP to arrest that man, why and how did he not arrest him?
According to the DCP when h~ got to know, he ran but Mr. Raval interrupted
him that according to the Registrar General, the DCP was inside the Court
I~oom. The Ld. Registrar General reiterated that the DCP was inside the Court
room along with his 10 - 12 other policeman. According to the DCP there was a
time gap and the moment he got to know of the incident, he ran and chased
them. Mr. Raval told the Committee members that we proceed on the basis of
the version given to us by the Ld. Registrar General, which was unanimously
agreed to by the Committee.
The officer who was from the South District team was the additional DCP and
was. asked to give the name of the policemen deployed inside the Court Room.
He than said that he will take the names and inform us. He was Mr. Sanjay
Bhatia. The DCP said that the moment he came to know, he chased that man.
It is a fact and rather unbelievaqle, that the said man was not arrested despite
the DCP chasing that man in presence of so many police personnel. Mr. Bhatia
said his team was not there and he could not be inside the court room.
According to Mr. Bhatia" it was the escort party (this appears to be a clear
attempt to pass on the burden to one -another) .
According to the Registrar General, there were two people inside the court'
room, which was confirmed by the other officers of the Hon'ble High Court.
According to Ld. Registrar General, there were two men but he had seen only
one. According to faculty member Mr. Himanshu, one was in grey suit and one
was in black spit. At that moment Mr. Harin Raval stops the recording and
sends it to a junior through whatsapp message 'since there was an
apprehension that as by then everybody would come to know that there is a
recording of events happening, there might be an attempt to even take the
phone or cause any damage to it. The phone was given to Mr. A.D.N. Rao so
that if the word spread that the recording was done by Mr. Raval at least the
phone which contained recording could safely reach this Hon'bie Court for true
and accurate reporting of the event which were captured on video.
Mr. Dave before leaving instructed the DCP that the safety of the accuse4, the
media persons and the counsels of the accused had to be personally ensured
by the DCP in terms' of the Orders passed by this Hon'ble Court. This was
recorded on an another mobile phone of Mr. Raval since the earlier I-Phone was
already handed over to Mr. Rao who had started to 'leave with the others.
That after gathering all the facts from inside the two court rooms, the
members of the Committee left to come to the Hon'ble Supreme Court. The
. IA/ atmosphere outside was surcharged and intimidating, Abuses were also
~ shouted and hurled on M'e, Sibal and all other committee members, There was
,I
A "f] .
3 9 speCl IC questlOn was asked to DCP by Mr. Raval that when the ld. Registral
General asked the DCP to arrest that man, why and how did he not arrest him?
According to the DCP when h~ got to know, he ran but Mr. Raval interrupted
him that according to the Registrar General, the DCP was inside the Court
I~oom. The Ld. Registrar General reiterated that the DCP was inside the Court
room along with his 10 - 12 other policeman. According to the DCP there was a
time gap and the moment he got to know of the incident, he ran and chased
them. Mr. Raval told the Committee members that we proceed on the basis of
the version given to us by the Ld. Registrar General, which was unanimously
agreed to by the Committee.
The officer who was from the South District team was the additional DCP and
was. asked to give the name of the policemen deployed inside the Court Room.
He than said that he will take the names and inform us. He was Mr. Sanjay
Bhatia. The DCP said that the moment he came to know, he chased that man.
It is a fact and rather unbelievaqle, that the said man was not arrested despite
the DCP chasing that man in presence of so many police personnel. Mr. Bhatia
said his team was not there and he could not be inside the court room.
According to Mr. Bhatia" it was the escort party (this appears to be a clear
attempt to pass on the burden to one -another) .
According to the Registrar General, there were two people inside the court'
room, which was confirmed by the other officers of the Hon'ble High Court.
According to Ld. Registrar General, there were two men but he had seen only
one. According to faculty member Mr. Himanshu, one was in grey suit and one
was in black spit. At that moment Mr. Harin Raval stops the recording and
sends it to a junior through whatsapp message 'since there was an
apprehension that as by then everybody would come to know that there is a
recording of events happening, there might be an attempt to even take the
phone or cause any damage to it. The phone was given to Mr. A.D.N. Rao so
that if the word spread that the recording was done by Mr. Raval at least the
phone which contained recording could safely reach this Hon'bie Court for true
and accurate reporting of the event which were captured on video.
Mr. Dave before leaving instructed the DCP that the safety of the accuse4, the
media persons and the counsels of the accused had to be personally ensured
by the DCP in terms' of the Orders passed by this Hon'ble Court. This was
recorded on an another mobile phone of Mr. Raval since the earlier I-Phone was
already handed over to Mr. Rao who had started to 'leave with the others.
That after gathering all the facts from inside the two court rooms, the
members of the Committee left to come to the Hon'ble Supreme Court. The
. IA/ atmosphere outside was surcharged and intimidating, Abuses were also
~ shouted and hurled on M'e, Sibal and all other committee members, There was
,I
an'lf "igation to intimidate the committee members and create an atmosphere
of fear and ter~o~. The upbeat mood of the crowd in lawyers dress who
continuously were shouting slogans and abuses to present a terrorizing
atmosphere was clearly visible The police team which had accompanied the
Committee members from the Hon'ble Supreme Court realized the gravity of
the situation and encircled the committee members by forming a Security ring
of the officers as the committee members started walking from the cQurt room
towards the gate to go the Supreme Court in the police vehicles. The said ring
of police officers! cordon was broken on more than 3 occasions by the lawyers
who were present in the Court Compound despite the presence of other Delhi
Police personnel. There was continuous slogan raising, shouting, hurling of
abuses through out. After coming out of the Court building within the I
premises of the Patiala House court, sandstones were thrown on the members
of the committee. Even a shvriece of a broken flower pot was also thrown. A
half filled plastic water bottl~t were also thrown. The intimidating shouting and
chanting of slogans continued. That but for the security ring provided by the
officers of the Supreme Court Security police, it would not have been possible
for the committee members to come out unscathed. It was only on account of
the security cover provided by DCP Mr. Bhardwaj of the Supreme Court and
his personnel accompanying the members that the committee members could
be safely evacuated from Court premises. Though, there was large number of
police personnel deployed, they could not contain the other lawyers present in
large number to intimidate one and all.
All Committee members felt that the atmosphere, to say the least not
being at a~l congenial, was surcharging, threatening and frightening and the
Police had completely failed in its duty to contain the atmosphere and the
crowd.
After reaching this Court, Mr. Dhawan briefly narrated the entire
incident. Mr. Raval apprised this Hon'ble Court that a video recording of the
entire fact finding inquiry on his personal cell phone was made. It was also
apprised to this Hon'ble Court that for the purpose of having the video saved,
even in case of loss of phone or on account of any other damage, he had sent
the video clips to his colleague from Patiala House Court room itself so that the
video clip could be preserved even if the phone was forcibly taken over or
damaged, or the video was otherwise contaminated or tampered with, It may
be mentioned that it was on account of surcharged atmosphere and the
intimidating situation that these precautions were deemed appropriate to be
taken. The colleagues of Mr. Raval have been requested not to part with this
recording with anyone. A couple of requests were received from the Press to Mr.
Raval inquiring whether it will be possible to share the video clips. The request
.1
an'lf "igation to intimidate the committee members and create an atmosphere
of fear and ter~o~. The upbeat mood of the crowd in lawyers dress who
continuously were shouting slogans and abuses to present a terrorizing
atmosphere was clearly visible The police team which had accompanied the
Committee members from the Hon'ble Supreme Court realized the gravity of
the situation and encircled the committee members by forming a Security ring
of the officers as the committee members started walking from the cQurt room
towards the gate to go the Supreme Court in the police vehicles. The said ring
of police officers! cordon was broken on more than 3 occasions by the lawyers
who were present in the Court Compound despite the presence of other Delhi
Police personnel. There was continuous slogan raising, shouting, hurling of
abuses through out. After coming out of the Court building within the I
premises of the Patiala House court, sandstones were thrown on the members
of the committee. Even a shvriece of a broken flower pot was also thrown. A
half filled plastic water bottl~t were also thrown. The intimidating shouting and
chanting of slogans continued. That but for the security ring provided by the
officers of the Supreme Court Security police, it would not have been possible
for the committee members to come out unscathed. It was only on account of
the security cover provided by DCP Mr. Bhardwaj of the Supreme Court and
his personnel accompanying the members that the committee members could
be safely evacuated from Court premises. Though, there was large number of
police personnel deployed, they could not contain the other lawyers present in
large number to intimidate one and all.
All Committee members felt that the atmosphere, to say the least not
being at a~l congenial, was surcharging, threatening and frightening and the
Police had completely failed in its duty to contain the atmosphere and the
crowd.
After reaching this Court, Mr. Dhawan briefly narrated the entire
incident. Mr. Raval apprised this Hon'ble Court that a video recording of the
entire fact finding inquiry on his personal cell phone was made. It was also
apprised to this Hon'ble Court that for the purpose of having the video saved,
even in case of loss of phone or on account of any other damage, he had sent
the video clips to his colleague from Patiala House Court room itself so that the
video clip could be preserved even if the phone was forcibly taken over or
damaged, or the video was otherwise contaminated or tampered with, It may
be mentioned that it was on account of surcharged atmosphere and the
intimidating situation that these precautions were deemed appropriate to be
taken. The colleagues of Mr. Raval have been requested not to part with this
recording with anyone. A couple of requests were received from the Press to Mr.
Raval inquiring whether it will be possible to share the video clips. The request
.1
were denied. The video clips have recorded in the phone and were transferred
on the office computer by Mr. Raval in his office where from they were
transferred to a newly purchased pen drive of scan disc make. The said video
recordings have been transferred into 2 .sepatatepen-drives each containing ,
the same recording and are being presented in two separate sealed covers.
The transcript of recording has also been made under personal
supervision of colleague of Mr, Raval. The said trqnscripts are also produced
for perusal of this Hon'bleCourt in a separate sealed cover. Utmost attempt
has been made to see that transcripts depict the video recordings as truthfully
and ·possible.
The Committee is beholden to the directions of this Hon'ble Court for the
purpose of providing security through the DCP attached to Supreme Court
Security without whose assistance and help it would never have been possible
to reach the premises, much less complete the fact finding inquiry directed by
this Hon'ble Court nor would it have been possible to come out unscathed in
view of this highly surcharged and intimidating atmosphere created at the
PaHala House Court.
L..vv' Shri Kapil Sibal (Sr. Advocate) Shri (Dr.) Raj/v Dha'fan (SL Advocate)
~5 (R:(J-! hSl b Shri Ajit Kumar Sinha ( r. Advocate) Shri Dushyant Dave (Sr. Advocate)
~~:::.:~ e),l)N-Shri Harin P.' Shri A.D.N. Rao (Advocate)
.1 I
were denied. The video clips have recorded in the phone and were transferred
on the office computer by Mr. Raval in his office where from they were
transferred to a newly purchased pen drive of scan disc make. The said video
recordings have been transferred into 2 .sepatatepen-drives each containing ,
the same recording and are being presented in two separate sealed covers.
The transcript of recording has also been made under personal
supervision of colleague of Mr, Raval. The said trqnscripts are also produced
for perusal of this Hon'bleCourt in a separate sealed cover. Utmost attempt
has been made to see that transcripts depict the video recordings as truthfully
and ·possible.
The Committee is beholden to the directions of this Hon'ble Court for the
purpose of providing security through the DCP attached to Supreme Court
Security without whose assistance and help it would never have been possible
to reach the premises, much less complete the fact finding inquiry directed by
this Hon'ble Court nor would it have been possible to come out unscathed in
view of this highly surcharged and intimidating atmosphere created at the
PaHala House Court.
L..vv' Shri Kapil Sibal (Sr. Advocate) Shri (Dr.) Raj/v Dha'fan (SL Advocate)
~5 (R:(J-! hSl b Shri Ajit Kumar Sinha ( r. Advocate) Shri Dushyant Dave (Sr. Advocate)
~~:::.:~ e),l)N-Shri Harin P.' Shri A.D.N. Rao (Advocate)
.1 I
Ms.
Grover:
TRANSCRIPT OF THE VIDEO RECORDING
Vrinda When we came here, the Registrar General
was here, the DCP is here, Mr. Jatin Narwal,
various other senior police officers are here.
We were asked to show Court the Supreme
Court Order. We showed that. The names of
those lawyers, in fact Mr.· Bumkin's two
JunlOrs, were actually on record 111 the
Vakalatnarria. They said they will not be
permitted. Only the lawyers whose names
are there. We said Yes'. Only those people
would appear. When we were entering, there
was lot of sloganeering. I told you that they
were too very anxious and there was fear in
us. I repeatedly told the police and I told the
Registrar General in as In8ny words "Please
ensure the safety. There is a hostile
atlnosphere in the Patiala House premises
and safety is paramount and we have to be
escorted till our vehicles." This sloganeering
has continued. Thereafter, went to the
terrace here from where this court is directly
visible and the sloganeering happened here. I
again brought it to the attention of the
Registrar General and the DCP "Please
remove these scoundrels. This is an
intimidating environment.,r Thereafter, when
he was produced, he was immediately taken
there. Our phones were also taken from us
which is unprecedented. And, thus, phones
were put away. We were told to wait here.
We are waiting here. Our I-Cards were
Ms.
Grover:
TRANSCRIPT OF THE VIDEO RECORDING
Vrinda When we came here, the Registrar General
was here, the DCP is here, Mr. Jatin Narwal,
various other senior police officers are here.
We were asked to show Court the Supreme
Court Order. We showed that. The names of
those lawyers, in fact Mr.· Bumkin's two
JunlOrs, were actually on record 111 the
Vakalatnarria. They said they will not be
permitted. Only the lawyers whose names
are there. We said Yes'. Only those people
would appear. When we were entering, there
was lot of sloganeering. I told you that they
were too very anxious and there was fear in
us. I repeatedly told the police and I told the
Registrar General in as In8ny words "Please
ensure the safety. There is a hostile
atlnosphere in the Patiala House premises
and safety is paramount and we have to be
escorted till our vehicles." This sloganeering
has continued. Thereafter, went to the
terrace here from where this court is directly
visible and the sloganeering happened here. I
again brought it to the attention of the
Registrar General and the DCP "Please
remove these scoundrels. This is an
intimidating environment.,r Thereafter, when
he was produced, he was immediately taken
there. Our phones were also taken from us
which is unprecedented. And, thus, phones
were put away. We were told to wait here.
We are waiting here. Our I-Cards were
?)1-checked. We complied with every
requirement by the. Registrar General. The
Faculty Member Mr. Himanshu
(Slight interruption. Ms. Vrinda Grover says
he has gone to the rescue ......... )
(In terruption)
Ms. Vrinda Kanhaiya aap please yahan aOJo. Edhar
Grover: baitho aap. (Kanhaiya please come here, you'
please sit here) He has been assaulted while
being brought to the court.
Mr. Kapil Sibal: He was assaulted?
Ms. Vrinda Yes.
Grover: (Interruption)
Just now in this court room.
Mr. Kapil Sibal: Just now?
. Ms. Vrinda That is what I am saylng. No lawyer was
Grover: allowed to come in.
(Everyone walks towards Kanhaiya Kumar)
Uski chappal uttar gayi hai. (his sandals got
removed)
Unidentified voice: Peini zara lao (get some water) and get a soft
drink (for Kanhaiya Kumar)
Ms.
Grover:
Vrinda He can1e in dark glasses - suited booted
man. If I can just finish what I am saying.
Thereafter, I suddenly. sensed that there is
something happening there because I can
see something. One man comes out and the
DCP, who is the senior-most officer here.
.1
?)1-checked. We complied with every
requirement by the. Registrar General. The
Faculty Member Mr. Himanshu
(Slight interruption. Ms. Vrinda Grover says
he has gone to the rescue ......... )
(In terruption)
Ms. Vrinda Kanhaiya aap please yahan aOJo. Edhar
Grover: baitho aap. (Kanhaiya please come here, you'
please sit here) He has been assaulted while
being brought to the court.
Mr. Kapil Sibal: He was assaulted?
Ms. Vrinda Yes.
Grover: (Interruption)
Just now in this court room.
Mr. Kapil Sibal: Just now?
. Ms. Vrinda That is what I am saylng. No lawyer was
Grover: allowed to come in.
(Everyone walks towards Kanhaiya Kumar)
Uski chappal uttar gayi hai. (his sandals got
removed)
Unidentified voice: Peini zara lao (get some water) and get a soft
drink (for Kanhaiya Kumar)
Ms.
Grover:
Vrinda He can1e in dark glasses - suited booted
man. If I can just finish what I am saying.
Thereafter, I suddenly. sensed that there is
something happening there because I can
see something. One man comes out and the
DCP, who is the senior-most officer here.
.1
1-1) This man is weaIlng dark glasses. I-Ie is
wearing a coat. It is not a lfiwyer's coat. It is
just a black coat. He asks him court mein
"aapka I!-aarn kya hat (what is your name).
This man takes off his dark glasses and says
"rnein apna naarn kyun bataon?" (why should
I disclose my name) And he huffs him away . ' "
and he walks pass. Nobody stops him.
How did that man· came in through the
security and how did he exit?
[Thereafter, .......... Ms. Vrinda Grover points to a person ........
and says this is Mr. Himanshu, a JNU Faculty Member.]
Mr. Himanshu, I raised objection. The court Registrar Faculty Member: . .
General was standIng next to me. I told hIm
Ms.
Grover:
Kanhaiya was pointing out that this guy has
beaten me along with 25 other people, arrest
him. I was shouting and all three officials
allowed him to go. I was shouting, I was
telling the police officers that this guy is the
one who has beaten the Kanhaiya is saying.
Please stop him. Please arrest him. And
they allowed him to go. . All of them allowed
him to go.
Vrinda But Kanhaiya pehley (first) got beaten up
ou ts'ide. He lost his chappal. The police I
officer accompanying has no nameplate
because he was pulled. Thereafter, two man
were allowed to come in. They beat him in
their presence and' I am absolutely
scandalized, Sir.
(Interruption)
30 of them.
.;1
1-1) This man is weaIlng dark glasses. I-Ie is
wearing a coat. It is not a lfiwyer's coat. It is
just a black coat. He asks him court mein
"aapka I!-aarn kya hat (what is your name).
This man takes off his dark glasses and says
"rnein apna naarn kyun bataon?" (why should
I disclose my name) And he huffs him away . ' "
and he walks pass. Nobody stops him.
How did that man· came in through the
security and how did he exit?
[Thereafter, .......... Ms. Vrinda Grover points to a person ........
and says this is Mr. Himanshu, a JNU Faculty Member.]
Mr. Himanshu, I raised objection. The court Registrar Faculty Member: . .
General was standIng next to me. I told hIm
Ms.
Grover:
Kanhaiya was pointing out that this guy has
beaten me along with 25 other people, arrest
him. I was shouting and all three officials
allowed him to go. I was shouting, I was
telling the police officers that this guy is the
one who has beaten the Kanhaiya is saying.
Please stop him. Please arrest him. And
they allowed him to go. . All of them allowed
him to go.
Vrinda But Kanhaiya pehley (first) got beaten up
ou ts'ide. He lost his chappal. The police I
officer accompanying has no nameplate
because he was pulled. Thereafter, two man
were allowed to come in. They beat him in
their presence and' I am absolutely
scandalized, Sir.
(Interruption)
30 of them.
.;1
Ms.
Grover:
Vrinda And those two people come in, assaulted
him. The senior most officer allows them to :");
go and then they come and tell us "we do not
know who they are." It has happened in
front of our eyes and I had told them this is
going to happen.
Mr. Himanshu, And the police had 5-10 minutes. They Faculty Member
Mr. Harin Raval:
basically were.
Should we not ask the gentleman who is in
charge of the Security?
Ms.
Grover:
Vrinda DCP Jatin Narwal and the Registrar General
of the High Court. Please ask the Registrar
General, High Court.
Mr. Harin Raval: Who is the senior most officer In-charge,
Security, because he will have to report to
the Supreme Court.
Mr. Himanshu, The Court Registrar. He played a very very
Faculty Member: ...... I told him this guy has beaten, please
stop him.
[DCP, New Delhi, enters the
Security, Supreme Court.]
I •
scene accompanIed by DCP,
Mr. Kapil Sibal: Jab inhonay aapleo bataya lei woh banda
yahan aaya) maar rahe hain to aapne unko
arrest kyo nahi kiya? (when he told you that
that person had come here and was beating,
why didn't you arrest him?)
Mr. Jatin Narwal, (In a stammering voice) I immediately
DCP, New Delhi: rushed. I did not know by that time that
they were attackers.
Mr. Dushyant How did you allow the attack?·
.1
Ms.
Grover:
Vrinda And those two people come in, assaulted
him. The senior most officer allows them to :");
go and then they come and tell us "we do not
know who they are." It has happened in
front of our eyes and I had told them this is
going to happen.
Mr. Himanshu, And the police had 5-10 minutes. They Faculty Member
Mr. Harin Raval:
basically were.
Should we not ask the gentleman who is in
charge of the Security?
Ms.
Grover:
Vrinda DCP Jatin Narwal and the Registrar General
of the High Court. Please ask the Registrar
General, High Court.
Mr. Harin Raval: Who is the senior most officer In-charge,
Security, because he will have to report to
the Supreme Court.
Mr. Himanshu, The Court Registrar. He played a very very
Faculty Member: ...... I told him this guy has beaten, please
stop him.
[DCP, New Delhi, enters the
Security, Supreme Court.]
I •
scene accompanIed by DCP,
Mr. Kapil Sibal: Jab inhonay aapleo bataya lei woh banda
yahan aaya) maar rahe hain to aapne unko
arrest kyo nahi kiya? (when he told you that
that person had come here and was beating,
why didn't you arrest him?)
Mr. Jatin Narwal, (In a stammering voice) I immediately
DCP, New Delhi: rushed. I did not know by that time that
they were attackers.
Mr. Dushyant How did you allow the attack?·
.1
.LIaVC,
(Interruptions) ,
Mr. Dushyant How did you allow the attack?
Dave:
Mr. Dushyant (Asking everyone to be quite) Ek minute!
Dave:
Mr. Dushyant How do you allow the attack to take place in
Dave: court premises?
M.r. Jatin Narwal, The attack has not taken place. What
DCP, New Delhi: happened sounds ......... ..
Mr. Dushyant Your men are posted everywhere?
Dave:
Mr. Jatin Narwal, Our men are posted.
DCP, New Delhi:
Mr. Dushyant So what were they doing, sleeping?
Dave:
Mr. Jatin Narwai, Hamara arrangement tha aur in fact isko
DCP, New Delhi: bahut zayada ....... : ...... .. (we had
arrangement and in fact a lot more ... )
Mr. Dushyant A1Tangement kya tha. Ke marne dein? (what '
Dave: kind of arrangement. That let him be beaten)
What is your arrangement, Sir?
Mr. Kapil Sibal: Band nahi thai coat nahi thaI (there was no
band, no coat)
Mr. Himanshu, Striped dress not black!
Faculty Member:
Mr. Kapil Sibal: Is!co ane !cyan diya? (why did you let him
enter?)
Mr. Jatin N81'wal, \Vith escort party he came.
,/
.LIaVC,
(Interruptions) ,
Mr. Dushyant How did you allow the attack?
Dave:
Mr. Dushyant (Asking everyone to be quite) Ek minute!
Dave:
Mr. Dushyant How do you allow the attack to take place in
Dave: court premises?
M.r. Jatin Narwal, The attack has not taken place. What
DCP, New Delhi: happened sounds ......... ..
Mr. Dushyant Your men are posted everywhere?
Dave:
Mr. Jatin Narwal, Our men are posted.
DCP, New Delhi:
Mr. Dushyant So what were they doing, sleeping?
Dave:
Mr. Jatin Narwai, Hamara arrangement tha aur in fact isko
DCP, New Delhi: bahut zayada ....... : ...... .. (we had
arrangement and in fact a lot more ... )
Mr. Dushyant A1Tangement kya tha. Ke marne dein? (what '
Dave: kind of arrangement. That let him be beaten)
What is your arrangement, Sir?
Mr. Kapil Sibal: Band nahi thai coat nahi thaI (there was no
band, no coat)
Mr. Himanshu, Striped dress not black!
Faculty Member:
Mr. Kapil Sibal: Is!co ane !cyan diya? (why did you let him
enter?)
Mr. Jatin N81'wal, \Vith escort party he came.
,/
DCP, NewDelhi:
h ... (. Kapil Sibal: Which escort party? How do you allow I
someone to come?
Unidentified Voice: Order only says 5 of the lawyers and 6 of
those people ..
Mr. Kapil Siba1: How did they come?
Mr. Jatin Narwal, They entered that room. (Pointing outside the
DCP, New Delhi door)
Unidentified Voice: How could he come, how did he enter?
Mr. Jatip Narwal, He was coming from the Gate No.5.
DCP, New Delhi:
Mr. Kapil Sibal:
Mr. Hill"in Raval:
How did you know that he was coming from
Gate No.5?
How did you that he was coming with an
escort party and who authorised that escort?
Mr. Jatin Narwal, Which escort? Nabi, Sir. ..... ~ .....
DCP, New Delhi:
Mr. Harin Raval: You yourself said . that he came with an
escort.
Mr. Jatin Narwal, Sir.
DCP, New Delhi:
Mr. Dushyant Was he on your list?
Dave:
Mr. Jatin Narwal) No. No, Sir.
DCP, New Delhi:
Mr. Kapil Sibal: How did he come then?
~I DCP, NewDelhi:
h ... (. Kapil Sibal: Which escort party? How do you allow I
someone to come?
Unidentified Voice: Order only says 5 of the lawyers and 6 of
those people ..
Mr. Kapil Siba1: How did they come?
Mr. Jatin Narwal, They entered that room. (Pointing outside the
DCP, New Delhi door)
Unidentified Voice: How could he come, how did he enter?
Mr. Jatip Narwal, He was coming from the Gate No.5.
DCP, New Delhi:
Mr. Kapil Sibal:
Mr. Hill"in Raval:
How did you know that he was coming from
Gate No.5?
How did you that he was coming with an
escort party and who authorised that escort?
Mr. Jatin Narwal, Which escort? Nabi, Sir. ..... ~ .....
DCP, New Delhi:
Mr. Harin Raval: You yourself said . that he came with an
escort.
Mr. Jatin Narwal, Sir.
DCP, New Delhi:
Mr. Dushyant Was he on your list?
Dave:
Mr. Jatin Narwal) No. No, Sir.
DCP, New Delhi:
Mr. Kapil Sibal: How did he come then?
~I
Dushyant How did he get in?
Dave:
Mr. Jatin Narwal, There were different officers from ............. ..
DCP, New Delhi:
Mr. Dushyant What is his name? Have you now arrested
Dave: him or did you allow him to run away?
Mr. Jatin Narwal, No, no, we will identify and then arrest him,
DCP, New Delhi: Sir.
IVlr. Dushyant What do you mean "Identify"? How can he
Dave: go away from court premises?
Mr. Jatin Narv.ral, Nahi, Sir, nahi, sir. We did not know that he
DCP, New Delhi: IS .......
Mr. Dushyant What do you mean, you don't know? What
Dave:
Mr. Kapil Sibal:
are your men doing? Your men have
instructions not to intervene?
When he pointed out, why did you not arrest
him?
Mr. Dushyant It is a shame. Did you not know of Supreme
Dave: Court order? Just a minute. Did you not
know of Supreme Court order?
Ml;. Himanshu, He had a copy of the order.
Faculty Member:
Mr. Jatin Narwal, That is why we had made the arrangements.
DCP, New Delhi:
Mr. Dushyant No, Sir, you are deliberately doing it. We will
I
Dave: ask for suspension of all these officers.
Mr. Jatin Narwal, No, Sir, nothing deliberately. We had made
DCP, New Delhi: our arrangements but since the escort party
Dushyant How did he get in?
Dave:
Mr. Jatin Narwal, There were different officers from ............. ..
DCP, New Delhi:
Mr. Dushyant What is his name? Have you now arrested
Dave: him or did you allow him to run away?
Mr. Jatin Narwal, No, no, we will identify and then arrest him,
DCP, New Delhi: Sir.
IVlr. Dushyant What do you mean "Identify"? How can he
Dave: go away from court premises?
Mr. Jatin Narv.ral, Nahi, Sir, nahi, sir. We did not know that he
DCP, New Delhi: IS .......
Mr. Dushyant What do you mean, you don't know? What
Dave:
Mr. Kapil Sibal:
are your men doing? Your men have
instructions not to intervene?
When he pointed out, why did you not arrest
him?
Mr. Dushyant It is a shame. Did you not know of Supreme
Dave: Court order? Just a minute. Did you not
know of Supreme Court order?
Ml;. Himanshu, He had a copy of the order.
Faculty Member:
Mr. Jatin Narwal, That is why we had made the arrangements.
DCP, New Delhi:
Mr. Dushyant No, Sir, you are deliberately doing it. We will
I
Dave: ask for suspension of all these officers.
Mr. Jatin Narwal, No, Sir, nothing deliberately. We had made
DCP, New Delhi: our arrangements but since the escort party
was from other District ..... .
Mr. Dushyant Who is the No.2? Who are the officers?
Dave: Give us he names. Give the narnes of all the
officers.
Mr. Kapil Sibal: When he told you.
Mr. Jatin Narwal, I was not there.
DCP, New Delhi
Mr. Kapil Sibal: Then who was there?
Mr. Dushyant Mr. Meena was here or not? Tell me.
Dave
Mr. Jatin Narwal, The officers from South District.
DCP, New Delhi :
Mr. Dushyant They are all not in ....
Dave:
Mr. Kapil Sibal : Bulao unko, sab ko bulao. (call them, call
everyone)
Mr. Jatin Narwal, Sir, please meri baat suniyeh (listen to me).
DCP, New Delhi: The mOll1ent I got to know that these two
persons ....... The two persons were sitting
inside were the attackers, I ran to arrest
them.
Mr. Jatin Narwal, Sir please meri baat suniye (listen to me).
DCP, New Delhi:
Mr. Kapil Sabil: Bulao unko. Jo yahan jisJd yahan duty thi
unlw yahan bulao. (call them. Whosoever
was on duty here call them)
Mr. Dushyant How did you allow them to go out. Aap
Dave: bahar kaise jane diy~ is assault ke baad,
Ander ana to samajh sakte hai bahar kaise
was from other District ..... .
Mr. Dushyant Who is the No.2? Who are the officers?
Dave: Give us he names. Give the narnes of all the
officers.
Mr. Kapil Sibal: When he told you.
Mr. Jatin Narwal, I was not there.
DCP, New Delhi
Mr. Kapil Sibal: Then who was there?
Mr. Dushyant Mr. Meena was here or not? Tell me.
Dave
Mr. Jatin Narwal, The officers from South District.
DCP, New Delhi :
Mr. Dushyant They are all not in ....
Dave:
Mr. Kapil Sibal : Bulao unko, sab ko bulao. (call them, call
everyone)
Mr. Jatin Narwal, Sir, please meri baat suniyeh (listen to me).
DCP, New Delhi: The mOll1ent I got to know that these two
persons ....... The two persons were sitting
inside were the attackers, I ran to arrest
them.
Mr. Jatin Narwal, Sir please meri baat suniye (listen to me).
DCP, New Delhi:
Mr. Kapil Sabil: Bulao unko. Jo yahan jisJd yahan duty thi
unlw yahan bulao. (call them. Whosoever
was on duty here call them)
Mr. Dushyant How did you allow them to go out. Aap
Dave: bahar kaise jane diy~ is assault ke baad,
Ander ana to samajh sakte hai bahar kaise
Mr. Kapil Sibal:
gaye. (how could you let him go out after the
assault. We can understand him getting in, 'l.,;
but how did he manage to go out)
Jiski duty thi uslw bulao. (whosoever was on
duty, call them)
Mr, Dushyant Sabke naam dijiyeh (give every bodies name).
Dave: Who is the SHO here? SHO kaun hai is area
ka?
[SH.O steps in.]
Mr. Dushyant Kya naam hai aap ka? (what is your name?)
Dave:
SHO: Sushil Kumar.
Mr. Kapil Sibal : Aap yahan the? (were you here?)
~ Mr. Dushyant Aaplco Supreme Court ka order pata tha?
Dave: (were you aware of the supreme court order?)
SHO : Haan Ji. (yes sir)
Mr. Kapil Sibal :
SHO
Aapne uss' aadmi ko aane kaise diya andar?
(how did you allow that man to enter?)
Nahi mujhe nahi pata kis aadmi ke baare
main baat kar rahe h.ain. (I don't know which
person is being spoken about)
Mr. Rajiv Dhawan Aap kabse hain yahan par? (since when were
you here?)
SHO Dus baje se. (since 10:00 am)
Mr. Rajiv Dhawan Dus baje se andar hain idhar? (you were
inside since 10: 00 mTI ?)
Mr. Kapil Sibal:
gaye. (how could you let him go out after the
assault. We can understand him getting in, 'l.,;
but how did he manage to go out)
Jiski duty thi uslw bulao. (whosoever was on
duty, call them)
Mr, Dushyant Sabke naam dijiyeh (give every bodies name).
Dave: Who is the SHO here? SHO kaun hai is area
ka?
[SH.O steps in.]
Mr. Dushyant Kya naam hai aap ka? (what is your name?)
Dave:
SHO: Sushil Kumar.
Mr. Kapil Sibal : Aap yahan the? (were you here?)
~ Mr. Dushyant Aaplco Supreme Court ka order pata tha?
Dave: (were you aware of the supreme court order?)
SHO : Haan Ji. (yes sir)
Mr. Kapil Sibal :
SHO
Aapne uss' aadmi ko aane kaise diya andar?
(how did you allow that man to enter?)
Nahi mujhe nahi pata kis aadmi ke baare
main baat kar rahe h.ain. (I don't know which
person is being spoken about)
Mr. Rajiv Dhawan Aap kabse hain yahan par? (since when were
you here?)
SHO Dus baje se. (since 10:00 am)
Mr. Rajiv Dhawan Dus baje se andar hain idhar? (you were
inside since 10: 00 mTI ?)
Mr. Dushyant \i\Tho was the Additional C,,?mmissioner who
Dave: was present here?
Mr. Rajiv Dhawan Andar the. He was present here from 10 0'
clock. Andar the aap idhar present the koi
andar gaya wo aap ld list mein nahi tha. (you
were present inside and still someone whose
name was not in the list could enter?)
Mr.
Daye:
Dushyant \i\T as Mr.' Meena in the court premises?
[Another police officer steps in]
Mr. Kapil Sibal :
Police Officer:
Mr. Kapil Sibal :
Police Officer :
Aap the yahan. (were you here?)
Haan ji. (yes sir)
Phir woh andar kaise aaya? (how could he
come in then?)
H amein nahi pata sir hum to accused ke
saath the;' Woh bol rahe hain hum lawyer
hain inke saath. (I don't know sir, I was with
the accused. He was telling that he is a
lawyer with them)
Mr. Rajiv Dhawal1 Aap accused ke saath the? Uski pitai kaise
hui agar aap accused ke saath the? (you
were with the accused? How could he get
beaten up if you were with him?)
Police Officer : Woh bole mein lawyer hoon inka. (he said
that he is his lawyer)
Mr. Dushyant Nahi) toh pitai kar sakta hai. (no, but then he I
Dave: can beat up)
.1
Mr. Dushyant \i\Tho was the Additional C,,?mmissioner who
Dave: was present here?
Mr. Rajiv Dhawan Andar the. He was present here from 10 0'
clock. Andar the aap idhar present the koi
andar gaya wo aap ld list mein nahi tha. (you
were present inside and still someone whose
name was not in the list could enter?)
Mr.
Daye:
Dushyant \i\T as Mr.' Meena in the court premises?
[Another police officer steps in]
Mr. Kapil Sibal :
Police Officer:
Mr. Kapil Sibal :
Police Officer :
Aap the yahan. (were you here?)
Haan ji. (yes sir)
Phir woh andar kaise aaya? (how could he
come in then?)
H amein nahi pata sir hum to accused ke
saath the;' Woh bol rahe hain hum lawyer
hain inke saath. (I don't know sir, I was with
the accused. He was telling that he is a
lawyer with them)
Mr. Rajiv Dhawal1 Aap accused ke saath the? Uski pitai kaise
hui agar aap accused ke saath the? (you
were with the accused? How could he get
beaten up if you were with him?)
Police Officer : Woh bole mein lawyer hoon inka. (he said
that he is his lawyer)
Mr. Dushyant Nahi) toh pitai kar sakta hai. (no, but then he I
Dave: can beat up)
.1
[)
Mr. Kapil Sibal :
Police Officer:
Mr. Kapil Sibal :
Police officer :
Mr. Kapil Sibal :
Phir usne lTwara. (then he beat him)
Nahi nahi kisi ne nahi ma~ra. (no no, no one
ass~ulted)
Usne maara inlco ld nahi? (did he beat him or
not?)
Yeh mujhe nahi pata. (this, I don't know)
Aachha aapko pata na,hi, (oh! So you don't
know)
Unidentified voice: Toh aap kahan the? (so where were you?)
Police Officer: Mein andar he tha. Andar Sir, (I was inside,
inside sir)
Mr. Rajiv Dhawan Aapne dekha nahi? (you didn't see?)
Mr. Harin Rawal: Accused ke saath kaun tha? (who was with
the accused?)
Mr. Dushyant Aapka kya naam hai? (what is your name?)
Dave:
Police Officer: Virender Jain
Mr. Dushyant Aapki position kya hai? (what IS your
Dave: position/ designation?)
Police Officer :
Mr. Kapil Sibal :
Mein SHO hoon) Sir) Vasant Kunj) South. (I
am SHO sir, Vasant Kunj, South)
Jislco (Jinlw) an dar aane diya who kaUri'
officers hain. Unko bulao na. Jisne andar
aane diya who kaun officers hain unko
aandar bulao. Unka naam bataeyeh (who are
,I
[)
Mr. Kapil Sibal :
Police Officer:
Mr. Kapil Sibal :
Police officer :
Mr. Kapil Sibal :
Phir usne lTwara. (then he beat him)
Nahi nahi kisi ne nahi ma~ra. (no no, no one
ass~ulted)
Usne maara inlco ld nahi? (did he beat him or
not?)
Yeh mujhe nahi pata. (this, I don't know)
Aachha aapko pata na,hi, (oh! So you don't
know)
Unidentified voice: Toh aap kahan the? (so where were you?)
Police Officer: Mein andar he tha. Andar Sir, (I was inside,
inside sir)
Mr. Rajiv Dhawan Aapne dekha nahi? (you didn't see?)
Mr. Harin Rawal: Accused ke saath kaun tha? (who was with
the accused?)
Mr. Dushyant Aapka kya naam hai? (what is your name?)
Dave:
Police Officer: Virender Jain
Mr. Dushyant Aapki position kya hai? (what IS your
Dave: position/ designation?)
Police Officer :
Mr. Kapil Sibal :
Mein SHO hoon) Sir) Vasant Kunj) South. (I
am SHO sir, Vasant Kunj, South)
Jislco (Jinlw) an dar aane diya who kaUri'
officers hain. Unko bulao na. Jisne andar
aane diya who kaun officers hain unko
aandar bulao. Unka naam bataeyeh (who are
,I
the officers who let him inside. Call them.
who are the officers who let him inside. Call
them. Please give us their names)
Mr. Rajiv Dhawan Sablca naam bataeyeh. (disclose every ones
name)
Mr. Kapil Sibal : Aur accused ko kaun leh ke aaya? (and who
brought the acc1;lsed?)
Mr. Rajiv Dhawan Dekhiye humko Supreme Court leo r.eport
karna hai toh aap bulaeyeh please. (see we
have to report it to the Supreme Court so
please call them) .'
Mr. Dushyant We are fastening responsibility on all police
Dave: officers who were here.
Mr. Kapil Sibal :
Mr. Kapil Sibal :
We must get the names of thosedellows.
Kaun the woh officer jo yahan the? (who were
the officers who were here?)
Mr. Dushyant Where did the assault take place?
Dave:
Mr. Rajiv Dhawan Inside!
Mr. Jatin Narwal, Assault didn't take place here, SIr. Inside
DCP, New Delhi: nahi hua, Sir.
Mr. Kapil Sibal : Kahan hua phir? (where did it happen then?)
i1 Mr. Jatin Narwal, Raaste mein kahin hua hai! Sir. (it happened
DCP, New Delhi: somewhere on the road, sir)
Mr. Kapil Sibal : Arey raaste mein nahi hua yaar. (it didn't
happen on the road)
the officers who let him inside. Call them.
who are the officers who let him inside. Call
them. Please give us their names)
Mr. Rajiv Dhawan Sablca naam bataeyeh. (disclose every ones
name)
Mr. Kapil Sibal : Aur accused ko kaun leh ke aaya? (and who
brought the acc1;lsed?)
Mr. Rajiv Dhawan Dekhiye humko Supreme Court leo r.eport
karna hai toh aap bulaeyeh please. (see we
have to report it to the Supreme Court so
please call them) .'
Mr. Dushyant We are fastening responsibility on all police
Dave: officers who were here.
Mr. Kapil Sibal :
Mr. Kapil Sibal :
We must get the names of thosedellows.
Kaun the woh officer jo yahan the? (who were
the officers who were here?)
Mr. Dushyant Where did the assault take place?
Dave:
Mr. Rajiv Dhawan Inside!
Mr. Jatin Narwal, Assault didn't take place here, SIr. Inside
DCP, New Delhi: nahi hua, Sir.
Mr. Kapil Sibal : Kahan hua phir? (where did it happen then?)
i1 Mr. Jatin Narwal, Raaste mein kahin hua hai! Sir. (it happened
DCP, New Delhi: somewhere on the road, sir)
Mr. Kapil Sibal : Arey raaste mein nahi hua yaar. (it didn't
happen on the road)
I~
Mr. Rajiv Dhawan Raaste peh bhi hua. (it also happened on the
road)
Mr. Himanshu, You call the three people, the Registrar
Faculty Member General and others and I Was pointing to
them, Kanhaiya was pointing out to that guy
that guy sitting in the corner. ......
Unidentified voice: Kahan pe hua? (where did it happen?)
Mr. Himanshu, Yahan pe. Aandar mein. (here, inside)
Faculty Member
Mr. Harin Raval : Aaplce hisab se andar hua assault? (as per
you. the assault happened inside?)
Mr. Himanshu, Uss !camre mein. (in that room)
Faculty Member:
Mr. Rajiv DhawaD Lets call Kanhaiya.
I
Unidentified voice: Kanhaiya aapna statement dijiyeh.
(Kanhaiya give your statement)
[Since Kanhaiya was hurt he was not able to stand up and speak.
Therefore, he was asked to be seated on the chair and give his
statement.]
Mr. Kapil Sibal & Aap chinta mat !caro 5ab kuch batao. (don't
Mr. Dushyant wony, narrate everything)
Dave to Kanhaiya
Kumar :
Kanhaiya Kumar: Sir Police mujhe ley karke aaee. Toh sabse
pehle gate peh idhar 5e aa rahi thi. I donJt
I~
Mr. Rajiv Dhawan Raaste peh bhi hua. (it also happened on the
road)
Mr. Himanshu, You call the three people, the Registrar
Faculty Member General and others and I Was pointing to
them, Kanhaiya was pointing out to that guy
that guy sitting in the corner. ......
Unidentified voice: Kahan pe hua? (where did it happen?)
Mr. Himanshu, Yahan pe. Aandar mein. (here, inside)
Faculty Member
Mr. Harin Raval : Aaplce hisab se andar hua assault? (as per
you. the assault happened inside?)
Mr. Himanshu, Uss !camre mein. (in that room)
Faculty Member:
Mr. Rajiv DhawaD Lets call Kanhaiya.
I
Unidentified voice: Kanhaiya aapna statement dijiyeh.
(Kanhaiya give your statement)
[Since Kanhaiya was hurt he was not able to stand up and speak.
Therefore, he was asked to be seated on the chair and give his
statement.]
Mr. Kapil Sibal & Aap chinta mat !caro 5ab kuch batao. (don't
Mr. Dushyant wony, narrate everything)
Dave to Kanhaiya
Kumar :
Kanhaiya Kumar: Sir Police mujhe ley karke aaee. Toh sabse
pehle gate peh idhar 5e aa rahi thi. I donJt
,.
Mr. Kapil Sibal :
know the gate. number. Gate ke paas media
walon ne gher liya. Police .ne unse mujhe
bachateh huye jiyun hi gate ke andar leh
karke aaee. Uske baad ek mob ne vakil ke
kapde pehan rakhey the. Unho ne mere par
attack ldya. Is doran gira diya.
(sir the police got me here. First of all I was
brought from the gate this way. I don't know
the gate number. The media people
surrounded me near the gate. No sooner did
the police escort me out of the media, and
inside the gate, a mob, dressed in advocates
attire attacked me. As a result I fell down)
Gate se ldtne andar the? (how far inside the
gate were you?)
Kanhaiya Kumar: Bus ghuse hi the. Aise lag raha tha ki jaise
woh is taiyaari mein baithe the attack karne
ki kyonki jo log peet rahe the na unmein se
kuch log aur logon 1m bula rahe the. ((aagaya
aagaya)) is tarikey se. Aur pure raste mein
kabhi gadian gir gayee kabhi mein gaddi par
gir gaya. Jahanse hum jab court entry karte
hai woh machine hota hai uske doran jab
mujhe dhakka deh kar andar kiya jar aha tha
mera pant khul gaya. Uske baad meri T-sf1irt)
chapel khul gaye. Mere paer mein injury hUl)
mere paet mein laatse ghuse se. Ek aadmi se
choot raha than doosra aadmi peet raha hai.
(Had just entered. It seemed as if they were
waiting with full preparation to attack since
from amongst the people who were beating
me, some were calling out others by shouting
((he has come" ((he has come)). On' the way
.1
,.
Mr. Kapil Sibal :
know the gate. number. Gate ke paas media
walon ne gher liya. Police .ne unse mujhe
bachateh huye jiyun hi gate ke andar leh
karke aaee. Uske baad ek mob ne vakil ke
kapde pehan rakhey the. Unho ne mere par
attack ldya. Is doran gira diya.
(sir the police got me here. First of all I was
brought from the gate this way. I don't know
the gate number. The media people
surrounded me near the gate. No sooner did
the police escort me out of the media, and
inside the gate, a mob, dressed in advocates
attire attacked me. As a result I fell down)
Gate se ldtne andar the? (how far inside the
gate were you?)
Kanhaiya Kumar: Bus ghuse hi the. Aise lag raha tha ki jaise
woh is taiyaari mein baithe the attack karne
ki kyonki jo log peet rahe the na unmein se
kuch log aur logon 1m bula rahe the. ((aagaya
aagaya)) is tarikey se. Aur pure raste mein
kabhi gadian gir gayee kabhi mein gaddi par
gir gaya. Jahanse hum jab court entry karte
hai woh machine hota hai uske doran jab
mujhe dhakka deh kar andar kiya jar aha tha
mera pant khul gaya. Uske baad meri T-sf1irt)
chapel khul gaye. Mere paer mein injury hUl)
mere paet mein laatse ghuse se. Ek aadmi se
choot raha than doosra aadmi peet raha hai.
(Had just entered. It seemed as if they were
waiting with full preparation to attack since
from amongst the people who were beating
me, some were calling out others by shouting
((he has come" ((he has come)). On' the way
.1
Il
sometimes motor bikes were falling,
sometimes I was falling on it. While entering
the court premises near the X-ray machine, I
was pushed inside it in such a l118l1ner that,
my pants came down. Thereafter, my t-shirt
and sandals also came out. My leg was
injured and I was kicked and punched in my
abdomen. As ·soon as I managed to rescue
myself from the clutches of one person,
another person would start beating me up.)
Mr. Dushyant Kitni Police aapke saath the us waqt? (how
Dave: many police were with you at that time?)
Mr. Kapil Sibal - Kaun policewala tha aapke saath? Aap
pehchante ho? (who were the police officers
with you? Can you recognise them?)
Kanhaiya Kumar - Mere saath)o policewale the unki bhi peetai
ld. (the policemen with me also got beaten
:QQ)
Mr. Kapil Sibal- Unld bhi peetai hui? (they were also beaten?)
Kanhaiya Kumar - Haan (yes) sir.
Mr. Kapil Sibal- Phir bachaya kisne? (who saved you then?)
Mr. Jatin Narwal, Sir blade mara hai policewala ko. Piche mein
DCP, New Delhi )0 hai South District 'se)o hai escort kar raha
tha ............. (a policeman has been attacked
with a blade. The one in the rear, from South
District who was escorting ... )
Mr. Kapil Sibal- Toh phir wahan police kya kar rahi thi agar
police wala bhi maar kha raha that oh. (Then
what were the police doing, if policemen were
being beaten up?)
.1
Il
sometimes motor bikes were falling,
sometimes I was falling on it. While entering
the court premises near the X-ray machine, I
was pushed inside it in such a l118l1ner that,
my pants came down. Thereafter, my t-shirt
and sandals also came out. My leg was
injured and I was kicked and punched in my
abdomen. As ·soon as I managed to rescue
myself from the clutches of one person,
another person would start beating me up.)
Mr. Dushyant Kitni Police aapke saath the us waqt? (how
Dave: many police were with you at that time?)
Mr. Kapil Sibal - Kaun policewala tha aapke saath? Aap
pehchante ho? (who were the police officers
with you? Can you recognise them?)
Kanhaiya Kumar - Mere saath)o policewale the unki bhi peetai
ld. (the policemen with me also got beaten
:QQ)
Mr. Kapil Sibal- Unld bhi peetai hui? (they were also beaten?)
Kanhaiya Kumar - Haan (yes) sir.
Mr. Kapil Sibal- Phir bachaya kisne? (who saved you then?)
Mr. Jatin Narwal, Sir blade mara hai policewala ko. Piche mein
DCP, New Delhi )0 hai South District 'se)o hai escort kar raha
tha ............. (a policeman has been attacked
with a blade. The one in the rear, from South
District who was escorting ... )
Mr. Kapil Sibal- Toh phir wahan police kya kar rahi thi agar
police wala bhi maar kha raha that oh. (Then
what were the police doing, if policemen were
being beaten up?)
.1
~ Mr.
.' .,tve-
Dushyant Lathi charge kyon nahi kiya. Aapki zimedari
nahi hai protect karna. (why didn't you resort
to lathicharge? vyasn't it your duty to
J2Iotect?)
Mr. Harin Raval - Police ko bhi blade lagaya aise aap bole. (you
Mr. said that the police was also attacked by
blade)
Kanhaiya Kumar - Wohjo police hai na jo mujhe escort kar rahey
the unlei bhi peetai hui. (the police who was
escorting me got beaten up)
Rajiv Dhawan - Aur joh record kar rahe the? Koi record lear
raJw. tha yeh? (what about the ones
recording? Was there anyone recording this?)
Kanhaiya Kumar - Nahi (No) sir.
Mr. Kapil Sibal - toh baki wahan aur policewale bhi the wahan .
us samay? (were there other policemen also
present at that time?)
Kanhaiya Kumar - Policemen the. Sir ele mob tha (there was a
mob sir)
Tv{Jr. Kapil Sibal- Mob tha saath mein policemen bhi· toh the?
(there was a mob, but there were policemen
also?)
Mr. Harin Raval - Aas paas policemen toh the woh kya kar rahe
the? (there were policemen around, what
were they doing?)
Kanhaiya Kumar - Wah toh me in kuchh nahi dekh paa raha tha
sir. Mujhe toh gira diya tha. (he gestures that
he had fallen face-down). Mujhe peet rahe
the laatse ghusay se. Pait mein, chest mein. (I
couldn't see anything sir. I was flying' in the
./ ~ Mr.
.' .,tve-
Dushyant Lathi charge kyon nahi kiya. Aapki zimedari
nahi hai protect karna. (why didn't you resort
to lathicharge? vyasn't it your duty to
J2Iotect?)
Mr. Harin Raval - Police ko bhi blade lagaya aise aap bole. (you
Mr. said that the police was also attacked by
blade)
Kanhaiya Kumar - Wohjo police hai na jo mujhe escort kar rahey
the unlei bhi peetai hui. (the police who was
escorting me got beaten up)
Rajiv Dhawan - Aur joh record kar rahe the? Koi record lear
raJw. tha yeh? (what about the ones
recording? Was there anyone recording this?)
Kanhaiya Kumar - Nahi (No) sir.
Mr. Kapil Sibal - toh baki wahan aur policewale bhi the wahan .
us samay? (were there other policemen also
present at that time?)
Kanhaiya Kumar - Policemen the. Sir ele mob tha (there was a
mob sir)
Tv{Jr. Kapil Sibal- Mob tha saath mein policemen bhi· toh the?
(there was a mob, but there were policemen
also?)
Mr. Harin Raval - Aas paas policemen toh the woh kya kar rahe
the? (there were policemen around, what
were they doing?)
Kanhaiya Kumar - Wah toh me in kuchh nahi dekh paa raha tha
sir. Mujhe toh gira diya tha. (he gestures that
he had fallen face-down). Mujhe peet rahe
the laatse ghusay se. Pait mein, chest mein. (I
couldn't see anything sir. I was flying' in the
./
'~~ ground. I was being beaten up with kicks and punches on Iny stomach and chest)
Mr. Kapil Sibal - That means that the police was around there and they did nothing.
Mr. Kapil Sibal to Now I want you to find Qut who those officers are who were posted there and give us the Mr. Jatin Narwal, names. DCP, New Delhi
Mr.,Dushyant And, first and foremost. Dave - I
Mr. Rajiv Dhawan Aandar kya huya uske baad? (what happened inside after that?)
Kanhaiya Kumar - Uslce baad jo haina gate tak ghus gaye hai. Uske baad usmein se ek aadmi jo hai woh chase lcarte hue yeh saamne wale kamr?y mein ghus jata hai. (Kanhaiya pointed to a morn outside) aur pichhe jaa karlce baith jata hai. lvlain jo hai k.ehta hoon) jo hamare teacher hain) sir) yeh aadmi mujhe peet raha tha. Phir jo hai police jo hai us aadmi leo poochti lI.ai ((aop kaun hail). 1'oh reply mein woh kehta hail ((tum kaun ho apna I-card dilehcw)). Is tanke se poochta hai) phir) kuch thee) mujhe baad mein pata chala Supreme Court ke officers the)
(aSter that managed to get inside the gate. Thereafter one of them chased me and managed to get inside the adjoining room and went and sat behind. I told my teacher that this man was beating me. Thereafter,
'~~ ground. I was being beaten up with kicks and punches on Iny stomach and chest)
Mr. Kapil Sibal - That means that the police was around there and they did nothing.
Mr. Kapil Sibal to Now I want you to find Qut who those officers are who were posted there and give us the Mr. Jatin Narwal, names. DCP, New Delhi
Mr.,Dushyant And, first and foremost. Dave - I
Mr. Rajiv Dhawan Aandar kya huya uske baad? (what happened inside after that?)
Kanhaiya Kumar - Uslce baad jo haina gate tak ghus gaye hai. Uske baad usmein se ek aadmi jo hai woh chase lcarte hue yeh saamne wale kamr?y mein ghus jata hai. (Kanhaiya pointed to a morn outside) aur pichhe jaa karlce baith jata hai. lvlain jo hai k.ehta hoon) jo hamare teacher hain) sir) yeh aadmi mujhe peet raha tha. Phir jo hai police jo hai us aadmi leo poochti lI.ai ((aop kaun hail). 1'oh reply mein woh kehta hail ((tum kaun ho apna I-card dilehcw)). Is tanke se poochta hai) phir) kuch thee) mujhe baad mein pata chala Supreme Court ke officers the)
(aSter that managed to get inside the gate. Thereafter one of them chased me and managed to get inside the adjoining room and went and sat behind. I told my teacher that this man was beating me. Thereafter,
the police inquires about the identity of that
person. However, he replies questioning the
police officers as to who they are and asks
for their i-cards. This is how he asks, then
there were some whom I got to know later
were Supreme Court Officers ... J
Mr. Rajiv Dhawan High Court ke officer!
Kanhaiya Kumar unko kehne ke baad woh jata hat. Police ko
(nods.
agreemen t) -
Mr. Kapil Sibal -
111 to woh kuch nahi manta aur police ke saamne
se woh aadmi nikal gaya. (after apprising
them, he leaves. He didn't give a damn about
the police and walked out right in front of
them)
Police ne kuchh nahi kiya? (police didn't do
811y thing?)
Kanhaiya Kumar - Kuchh bhi nahi. Saamne se nikal gaya bilkul.
Usko wahein pe pakda jaa sakta tha. Meiney
kaha ki siryeh aadmi mujhe peet raha haL
Is aadmi lee upar mujhe complaint karna haL
(absolutely nothing. He managed his exit
right in front of them. He could. have been
nabbed right there. I told them that sir this
man was beating me. I want to file a
complaint against him)
Mr. Kapil Sibal - Aapko maloom hai ke Ids policeman ne aapko
kaha tha. (can you recollect which police
officer you told it to?)
Mr. Harin l\.aval - Aap pehchan salde ho? (can you recognIse
him?)
Kanhaiya Kumar - Haan pehchan' sakte hain. (yes SIr, I can
the police inquires about the identity of that
person. However, he replies questioning the
police officers as to who they are and asks
for their i-cards. This is how he asks, then
there were some whom I got to know later
were Supreme Court Officers ... J
Mr. Rajiv Dhawan High Court ke officer!
Kanhaiya Kumar unko kehne ke baad woh jata hat. Police ko
(nods.
agreemen t) -
Mr. Kapil Sibal -
111 to woh kuch nahi manta aur police ke saamne
se woh aadmi nikal gaya. (after apprising
them, he leaves. He didn't give a damn about
the police and walked out right in front of
them)
Police ne kuchh nahi kiya? (police didn't do
811y thing?)
Kanhaiya Kumar - Kuchh bhi nahi. Saamne se nikal gaya bilkul.
Usko wahein pe pakda jaa sakta tha. Meiney
kaha ki siryeh aadmi mujhe peet raha haL
Is aadmi lee upar mujhe complaint karna haL
(absolutely nothing. He managed his exit
right in front of them. He could. have been
nabbed right there. I told them that sir this
man was beating me. I want to file a
complaint against him)
Mr. Kapil Sibal - Aapko maloom hai ke Ids policeman ne aapko
kaha tha. (can you recollect which police
officer you told it to?)
Mr. Harin l\.aval - Aap pehchan salde ho? (can you recognIse
him?)
Kanhaiya Kumar - Haan pehchan' sakte hain. (yes SIr, I can
recognise)
Mr. Kapil Sibal - Kaun hai woh? (who was it?)
Kanhaiya Kumar - J-Iamare )oh vakil aayi hai na Vrinda unho
nay poocha hai lei aaplea nameplate kahan
hai aap isleo escort kar rahe hain. Mera
haath woh pakde huae the. Woh bole ki
dhakkamukki ke dauran mera nameplate gir
gaya. UnkO bhi mein ne kaha hai is aadmi leo
pakdein.
(my advocate Vrinda asked him where his
name plate was since he was accompanying
me. He was holding my hand. He said that
his nameplate must have fallen off in the
scuffle. I had also told him to arrest this
man.)
Mr. Harin Rawal - That SHO did not have a nameplate.
Someone says - No he is the other guy.
Kanhaiya Kumar - meine unleo kaha ki IS aadrni key khilaf
complaint karna hai mujhe. Yeh mu)he peet
raha tha. J can identify) kyon/d) woh pehla
aadmi thaa naa)o gate ke paas mU)he attack
kiya tha. Meinay usko dekha thQ" (I told him
that I want to file a complaint against this
guy. He was beating me up. I can identify as
he was the first person to beat me up near
the gate. I have seen him.)
Mr. Dushyant See his safety is your responsibility. If a
Dave - single hand is now on him we will move for
your suspension straight away. Lets be very
deal' Mr. Do not give excuses. This is
unbelievable! . Right in the heart of Delhi!
recognise)
Mr. Kapil Sibal - Kaun hai woh? (who was it?)
Kanhaiya Kumar - J-Iamare )oh vakil aayi hai na Vrinda unho
nay poocha hai lei aaplea nameplate kahan
hai aap isleo escort kar rahe hain. Mera
haath woh pakde huae the. Woh bole ki
dhakkamukki ke dauran mera nameplate gir
gaya. UnkO bhi mein ne kaha hai is aadmi leo
pakdein.
(my advocate Vrinda asked him where his
name plate was since he was accompanying
me. He was holding my hand. He said that
his nameplate must have fallen off in the
scuffle. I had also told him to arrest this
man.)
Mr. Harin Rawal - That SHO did not have a nameplate.
Someone says - No he is the other guy.
Kanhaiya Kumar - meine unleo kaha ki IS aadrni key khilaf
complaint karna hai mujhe. Yeh mu)he peet
raha tha. J can identify) kyon/d) woh pehla
aadmi thaa naa)o gate ke paas mU)he attack
kiya tha. Meinay usko dekha thQ" (I told him
that I want to file a complaint against this
guy. He was beating me up. I can identify as
he was the first person to beat me up near
the gate. I have seen him.)
Mr. Dushyant See his safety is your responsibility. If a
Dave - single hand is now on him we will move for
your suspension straight away. Lets be very
deal' Mr. Do not give excuses. This is
unbelievable! . Right in the heart of Delhi!
You are now under Supreme' Court's orders.
Not Commissioner Bassi's orders. Lets be
very clear about it.
[While Mr. D<:tve was speaking as aforementioned, Mr. Kanhaiya
Kumar was simultaneously stating as follows: 1
Mr: Kanhaiya Bald joh log they woh is tarikay sepeet rahe
Kumar the na jaise ek aadmi se choot raha hai na
toh samney se aakar koi laat mar raha haL
Wohh joh baar wale, samaney se, pait mein.
Iske saath saath woh bol rahe hain, galiyan
de rahe hain theek hai.
Mr. Kapil Sibal-
(the manner in which these people were
beating me up was such that no sooner did
one guy leave me, that another guy would
come from the front and kick me. Alongwith
the beating, they were hurling abuses at me.)
Toh yeh bus khade huay hein apna? (so they
were just standing by themselves?)
Kanhaiya Kumar - Meine detail mein saaf saaf mention kar diya
hai (I have mentioned everything in detail). I
don't know they are lawyer or not but what
they are saying, I think they are highly
politically motivated persons.
Mr. Rajiv Dhawan uske baad kya hua? (what happened after
that?)
Kanhaiya Kumar - uske baad idhar aagaye. Phir jo hai mujhe
bithaya gaya, meri lawyer aayee) mere saatfi'
mere professor saab the. Us key_ baad
You are now under Supreme' Court's orders.
Not Commissioner Bassi's orders. Lets be
very clear about it.
[While Mr. D<:tve was speaking as aforementioned, Mr. Kanhaiya
Kumar was simultaneously stating as follows: 1
Mr: Kanhaiya Bald joh log they woh is tarikay sepeet rahe
Kumar the na jaise ek aadmi se choot raha hai na
toh samney se aakar koi laat mar raha haL
Wohh joh baar wale, samaney se, pait mein.
Iske saath saath woh bol rahe hain, galiyan
de rahe hain theek hai.
Mr. Kapil Sibal-
(the manner in which these people were
beating me up was such that no sooner did
one guy leave me, that another guy would
come from the front and kick me. Alongwith
the beating, they were hurling abuses at me.)
Toh yeh bus khade huay hein apna? (so they
were just standing by themselves?)
Kanhaiya Kumar - Meine detail mein saaf saaf mention kar diya
hai (I have mentioned everything in detail). I
don't know they are lawyer or not but what
they are saying, I think they are highly
politically motivated persons.
Mr. Rajiv Dhawan uske baad kya hua? (what happened after
that?)
Kanhaiya Kumar - uske baad idhar aagaye. Phir jo hai mujhe
bithaya gaya, meri lawyer aayee) mere saatfi'
mere professor saab the. Us key_ baad
unhonay thoda pani pilaya us key baad hum
baith key thoda shaant huae. Phir meri
lawyer ne poocha ((iski chappal kal1an hai?
Iske kapdey kaise phatay?!!
(we came here after that. Then I was made to
sit. My lawyer came. My professor was there
with me. Thev gave me water to drink.
Thereafter I sat and pacified myself. Then my
lawyer asked, "where are his sandals? How
did his clothes tear?")
Mr. Kapil Sibal - It is shocking.
Kanhaiya Kumar '- Phir police se jawab manga gaya ki kaise
court premises mein' aapke rehte huae yeh
pitt raha hai? Uske baad mein aaya hoon)
me me Judge saab ko kaha hai. (then the
police was asked as to how despite their
presence in the court premises, I was beated.
Thereafter, I came. I told the judge)
Mr. Kapil Sibal - Toh Judge sahib ne kuchh nahi kiya? (did the
judge do anything thereafter?)
Kanhaiya Kumar - Judge sahib ko meine yahi kaha ki sir mein
jab pehli baar aapki court mein aaya thai
mere saath chaar log the. Koi attack nahi
hua tha. Normally me in produce hua tha.
Aur poora narrate ldya tha incident. Meine
kaha tha Judge sahib lw ki sir mere paas us
din lwi lawyer nahi thai aap yaad kijiye woh
din meine us din bhi kaha thai ki mein is
desh ka nau-jawan hoon. (at this point
Kanhaiya breaks down and starts crying).
Mein JNU mein padhai karta hoo71.
(this is what I told the judge, that sir when I
.il
unhonay thoda pani pilaya us key baad hum
baith key thoda shaant huae. Phir meri
lawyer ne poocha ((iski chappal kal1an hai?
Iske kapdey kaise phatay?!!
(we came here after that. Then I was made to
sit. My lawyer came. My professor was there
with me. Thev gave me water to drink.
Thereafter I sat and pacified myself. Then my
lawyer asked, "where are his sandals? How
did his clothes tear?")
Mr. Kapil Sibal - It is shocking.
Kanhaiya Kumar '- Phir police se jawab manga gaya ki kaise
court premises mein' aapke rehte huae yeh
pitt raha hai? Uske baad mein aaya hoon)
me me Judge saab ko kaha hai. (then the
police was asked as to how despite their
presence in the court premises, I was beated.
Thereafter, I came. I told the judge)
Mr. Kapil Sibal - Toh Judge sahib ne kuchh nahi kiya? (did the
judge do anything thereafter?)
Kanhaiya Kumar - Judge sahib ko meine yahi kaha ki sir mein
jab pehli baar aapki court mein aaya thai
mere saath chaar log the. Koi attack nahi
hua tha. Normally me in produce hua tha.
Aur poora narrate ldya tha incident. Meine
kaha tha Judge sahib lw ki sir mere paas us
din lwi lawyer nahi thai aap yaad kijiye woh
din meine us din bhi kaha thai ki mein is
desh ka nau-jawan hoon. (at this point
Kanhaiya breaks down and starts crying).
Mein JNU mein padhai karta hoo71.
(this is what I told the judge, that sir when I
.il
first came to your court, there were only 4
persons. Nobody had attacked. I was
12IQduced normally. I narrated the entire
incident. I told the judge that day that I had
no lawyer, please recollect. That day I had
also told the judge that I am a yound citizen
of this country (at this point kanhaiya breaks
down and starts crying). I study in JNU)
D [Mr. Kapil Sibal and others try pacifying him.]
Kanhaiya Kumar - Mujhe yeh bol karke ki yeh deshdrohi hai
rnedia mera trial kar rahi hai) aur poori media
nahi kar rahi hai. (by portraying me as a
traitor, media is conducting my trial, not the
entire media though)
Mr. Dushyant Beta don)t worry about that uss 1m chhodiye
Dave and others - aaj ke baray mein bataeyeh Judge Sahib ne
kya ldya. (son, don't worry about that. Leave
that. Tell us about today. What did the judge
do?)
, Kanhaiya Kumar - Usske baad aaj meine kaha Judge sahib se ki
sir dekhiyeh yeh itna highlight ho chuka hai
ki aaj mein aapko pehle din kaha tha ki I
have full faith in my Indian Constitution.
(after that I told the judge that see sir this"
issue has been highlighted so much and that
I had told you on the first day that I have full
faith in the constitution)
Mr. Kapil Sibal Wohh theek hai yeh batao ki Judge Sahib ne
and others- . kya kaha. (that is alright. Please tell us what
first came to your court, there were only 4
persons. Nobody had attacked. I was
12IQduced normally. I narrated the entire
incident. I told the judge that day that I had
no lawyer, please recollect. That day I had
also told the judge that I am a yound citizen
of this country (at this point kanhaiya breaks
down and starts crying). I study in JNU)
D [Mr. Kapil Sibal and others try pacifying him.]
Kanhaiya Kumar - Mujhe yeh bol karke ki yeh deshdrohi hai
rnedia mera trial kar rahi hai) aur poori media
nahi kar rahi hai. (by portraying me as a
traitor, media is conducting my trial, not the
entire media though)
Mr. Dushyant Beta don)t worry about that uss 1m chhodiye
Dave and others - aaj ke baray mein bataeyeh Judge Sahib ne
kya ldya. (son, don't worry about that. Leave
that. Tell us about today. What did the judge
do?)
, Kanhaiya Kumar - Usske baad aaj meine kaha Judge sahib se ki
sir dekhiyeh yeh itna highlight ho chuka hai
ki aaj mein aapko pehle din kaha tha ki I
have full faith in my Indian Constitution.
(after that I told the judge that see sir this"
issue has been highlighted so much and that
I had told you on the first day that I have full
faith in the constitution)
Mr. Kapil Sibal Wohh theek hai yeh batao ki Judge Sahib ne
and others- . kya kaha. (that is alright. Please tell us what
the judge said?)
Kanhaiya KU111ar - Judge Sahib, ne kaha ki theel<:: hai· hum
dekhtey hain. Men Lawyer ne kaha ld iska
medical examination hoga. Judge Sahib ne
yeh kaha ki aap bahar ley jayeingay to phir
attack ho sakta hai. Unhonay yeh reply kiya.
Toh me in yahin se jo hai dispensary se iska
ilaaj karatah hoon. Humney kaha lei} Sir) aap
note kijiyeh ki mein dehshat mein hoon} mein
dan-ah hua hoon ..
(the judge said that he will see. My lawyer
thereafter said that I need a medical
eXffinination. The judge said that if you talze
him outside, there is. a possibility that he
may be attacked once again. This was his
reply. I will get him treated here from the
dispensary only. ,I told the· judge that sir
please note that I 8lTI terrorised! scandalised
and I 8lTI in a state of fear.)
[One Advocate said we requested the court to take all these facts
on record. He was little reluctant, so we said he (Kffi1haiya
KUinar) will mal{e a statement, which what he was writing just
now and that will come on record.]
Mr. Rajiv Dhawffi1 Aacha uske baad court me in attack hua? (was
there an attack in the court thereafter?)
Kffi1haiya KumaT - Is room mein nahi (not in this room)
(indicating that there was no attack in the
room he was sitting at presently). Uss room
(other room) (pointing to the room outside).
Mr. Rajiv Dhawan Uss room ka batao (tell us about the other
room)
,I
the judge said?)
Kanhaiya KU111ar - Judge Sahib, ne kaha ki theel<:: hai· hum
dekhtey hain. Men Lawyer ne kaha ld iska
medical examination hoga. Judge Sahib ne
yeh kaha ki aap bahar ley jayeingay to phir
attack ho sakta hai. Unhonay yeh reply kiya.
Toh me in yahin se jo hai dispensary se iska
ilaaj karatah hoon. Humney kaha lei} Sir) aap
note kijiyeh ki mein dehshat mein hoon} mein
dan-ah hua hoon ..
(the judge said that he will see. My lawyer
thereafter said that I need a medical
eXffinination. The judge said that if you talze
him outside, there is. a possibility that he
may be attacked once again. This was his
reply. I will get him treated here from the
dispensary only. ,I told the· judge that sir
please note that I 8lTI terrorised! scandalised
and I 8lTI in a state of fear.)
[One Advocate said we requested the court to take all these facts
on record. He was little reluctant, so we said he (Kffi1haiya
KUinar) will mal{e a statement, which what he was writing just
now and that will come on record.]
Mr. Rajiv Dhawffi1 Aacha uske baad court me in attack hua? (was
there an attack in the court thereafter?)
Kffi1haiya KumaT - Is room mein nahi (not in this room)
(indicating that there was no attack in the
room he was sitting at presently). Uss room
(other room) (pointing to the room outside).
Mr. Rajiv Dhawan Uss room ka batao (tell us about the other
room)
,I
Kanhaiya Kumar - They tried. Wohh aadmi ne kiya koshish.
fillere saath mere Sir the. (that man attempted
to. My sir was with me.)
Mr. Rajiv Dhawan Aur jo chashmey wale the? (what about th~
one with the glasses?)
Kanhaiya Kumar - lVahi aadmi l1SS room mein ghusa hai. Aur
woh aadmi bait karkey plan mein tha ki mere
saath kllCh zaroor karta kyonki jis tarah se
jaan leva hamla hua hai aur woh mere saath
jis tarah se ghusa hai ...... {he is the same
man who entered the room. He was sitting
and planning to definitely do something to
me jUdging by the manner in which I was
attacked and the manner in which he
entered with me ... )
Mr. Kapil Sabil -I
Iss ka matlab bahar lwi arrangement nahi
thai gate par lwi arrangement nahi tho.)
aandar lwi arrangement nahi tha. Yahi iss se
sabit hota hai. (this means there was no
arrangement either· outside, near the gate
nor inside. This is what gets proved by it)
Ms. Vrinda Grover He was allowed to come in.
Mr. Dushyant What time was that?
Dave-
Ms. Vrinda Grover This has happened between 2.30 and ...
Mr. Dushyal1t So after Supreme Court's order. Was it
Dave - communicated to police?
Ms. Vrinda Grover Yes, Sir, it was. I have myself given copies of
.J
Kanhaiya Kumar - They tried. Wohh aadmi ne kiya koshish.
fillere saath mere Sir the. (that man attempted
to. My sir was with me.)
Mr. Rajiv Dhawan Aur jo chashmey wale the? (what about th~
one with the glasses?)
Kanhaiya Kumar - lVahi aadmi l1SS room mein ghusa hai. Aur
woh aadmi bait karkey plan mein tha ki mere
saath kllCh zaroor karta kyonki jis tarah se
jaan leva hamla hua hai aur woh mere saath
jis tarah se ghusa hai ...... {he is the same
man who entered the room. He was sitting
and planning to definitely do something to
me jUdging by the manner in which I was
attacked and the manner in which he
entered with me ... )
Mr. Kapil Sabil -I
Iss ka matlab bahar lwi arrangement nahi
thai gate par lwi arrangement nahi tho.)
aandar lwi arrangement nahi tha. Yahi iss se
sabit hota hai. (this means there was no
arrangement either· outside, near the gate
nor inside. This is what gets proved by it)
Ms. Vrinda Grover He was allowed to come in.
Mr. Dushyant What time was that?
Dave-
Ms. Vrinda Grover This has happened between 2.30 and ...
Mr. Dushyal1t So after Supreme Court's order. Was it
Dave - communicated to police?
Ms. Vrinda Grover Yes, Sir, it was. I have myself given copies of
.J
V
the order.
Mr. Dushy811t That's important.
Dave -
Ms. Vrinda Grover We were frisked. How did that man come in?
Mr. Dushyant That's very senous. They knew about the
Dave -
Mi. Kapil Sibal -
Supreme Court order.
Lets go out. Show us the place the fellow
came in from.
Ms. Vrinda Grover Aap bata dein because you were present.
to Mr. Him811shu
Faculty Member: (Everyone moved out of the room they were
in and walked out and stood in the corridor)
Ms. Vrinda Grover I made repeated appeals for security. They
did not put security here. I repeatedly
expressed apprehensions and they kept
saying "haan, haan) haa,:-" and not listening
to me. This kind of security has come in
now, when you people have arrived. (pointing
to the large number of policemen standing I
there).
Mr. Kapil Sibal- Please tell us where was he? Aap bataeyeh
na (you tell us please)
Ms. Vrinda Grover (pointing towards a door) he was brought in
from here, sir. This was not the bandobast.
I requested for bandobast, they would not
listen. He was brought in from here, we were
sitting in that room (pointing to the room
from where she had just come out) and the
Registrar General and the Judge in':charge
V
the order.
Mr. Dushy811t That's important.
Dave -
Ms. Vrinda Grover We were frisked. How did that man come in?
Mr. Dushyant That's very senous. They knew about the
Dave -
Mi. Kapil Sibal -
Supreme Court order.
Lets go out. Show us the place the fellow
came in from.
Ms. Vrinda Grover Aap bata dein because you were present.
to Mr. Him811shu
Faculty Member: (Everyone moved out of the room they were
in and walked out and stood in the corridor)
Ms. Vrinda Grover I made repeated appeals for security. They
did not put security here. I repeatedly
expressed apprehensions and they kept
saying "haan, haan) haa,:-" and not listening
to me. This kind of security has come in
now, when you people have arrived. (pointing
to the large number of policemen standing I
there).
Mr. Kapil Sibal- Please tell us where was he? Aap bataeyeh
na (you tell us please)
Ms. Vrinda Grover (pointing towards a door) he was brought in
from here, sir. This was not the bandobast.
I requested for bandobast, they would not
listen. He was brought in from here, we were
sitting in that room (pointing to the room
from where she had just come out) and the
Registrar General and the Judge in':charge
-\ were present (voice inaudible as Ms. Vrinda
and others walk into the court roora)
D Ms. Vrinda Grover That man has hit him here. These people
(i
know him (pointing towards some advocates
and court staffj.
[Persons indicated, including the Registrar General of the Hon 'ble
Higb Court of Delhi, say that yahan par hit nahi ldya. 12-13 log
the policewale. Yahan par kuch nahi hua hamare samane. Ek
aadmi daadi thi uski yahan pe aake ... (no hitting took place here.
12 - 13 policemen were here. Nothing happened before us. One
bearded man came here and .... )
I
Unidentified voice Kaun tha wah? (who was it?)
Registrar General We do not know.
Mr. Dushyant Nobody checked?
Dave-
Mr. Himanshu - I was standing next to you. All of you three
were here. That guy came from here
(pointing to the door). Kanhaiya was
brought to sit here· (pointing to the chair).
That guy who hit him was sitting there.
Registrar General We have not seen hitting him. Lekin hum
ney yeh kaha yeh kaun ha~ bhagao ~se
yahan se (but we did question who he was
and asked him to be sent away)
Mr. Himanshu - Wohh chair tak pahooncha kaise? (How did
he reach near the chair?) I said that arrest
him.
Mr. Dushyant Aap ko Supreme Court ka order pata hai? (are
-\ were present (voice inaudible as Ms. Vrinda
and others walk into the court roora)
D Ms. Vrinda Grover That man has hit him here. These people
(i
know him (pointing towards some advocates
and court staffj.
[Persons indicated, including the Registrar General of the Hon 'ble
Higb Court of Delhi, say that yahan par hit nahi ldya. 12-13 log
the policewale. Yahan par kuch nahi hua hamare samane. Ek
aadmi daadi thi uski yahan pe aake ... (no hitting took place here.
12 - 13 policemen were here. Nothing happened before us. One
bearded man came here and .... )
I
Unidentified voice Kaun tha wah? (who was it?)
Registrar General We do not know.
Mr. Dushyant Nobody checked?
Dave-
Mr. Himanshu - I was standing next to you. All of you three
were here. That guy came from here
(pointing to the door). Kanhaiya was
brought to sit here· (pointing to the chair).
That guy who hit him was sitting there.
Registrar General We have not seen hitting him. Lekin hum
ney yeh kaha yeh kaun ha~ bhagao ~se
yahan se (but we did question who he was
and asked him to be sent away)
Mr. Himanshu - Wohh chair tak pahooncha kaise? (How did
he reach near the chair?) I said that arrest
him.
Mr. Dushyant Aap ko Supreme Court ka order pata hai? (are
Dave to the you aware of the Supreme Court's Order)
.L,egistrar General How did you allow him to come m?
Mr. Himanshu - Maine aap!co bola arrest !carne (I told you to
arrest)
Registrar General Hurrme toh already directions de diye (we had
already given directions) DCP was here.
Mr. DushyaJ1t Wohh a71dar kaise aaya (how could he get
Daye - inside?)
EegistraJ" General Sir) ab yeh toh policewalon ka .......... Woh
toh upar terrace pe bhi chaley gaye the. (sir,
this is policemen's ... they had infact climbed
up on the terrace as well)
(indistinct voice as too maJ1Y people speaking
at the same time)
Someone asks the Ek baat batao jab Supreme Court ne clear kar
Registrar General di lei 6 vakil aayenge) 5 wohh aayenge toh
woh aadmi andar kaise aaya. {tell us one '
thing, if the Supreme Court had claJ"ified that
6 advocates will come, 5 of theirs (meaning
journalists) would come, then how did a
commoner get inside)
Registrar General- Hurnne sabko direction de di thi) DCP lco hum
sab ne (we had given directions to everyone,
to the DCP)
Mr. Harin Rawal - Sir, I have a very simple question if you were
aware of the Supreme Court order, and you
found someone who was not looking like an
advocate did you try and enquire who he is.
Eegistrar General Sir hurn71e poocha kaun hail isse pakdo (sir
we asked who he was, to catch him)
\orw 'I
Dave to the you aware of the Supreme Court's Order)
.L,egistrar General How did you allow him to come m?
Mr. Himanshu - Maine aap!co bola arrest !carne (I told you to
arrest)
Registrar General Hurrme toh already directions de diye (we had
already given directions) DCP was here.
Mr. DushyaJ1t Wohh a71dar kaise aaya (how could he get
Daye - inside?)
EegistraJ" General Sir) ab yeh toh policewalon ka .......... Woh
toh upar terrace pe bhi chaley gaye the. (sir,
this is policemen's ... they had infact climbed
up on the terrace as well)
(indistinct voice as too maJ1Y people speaking
at the same time)
Someone asks the Ek baat batao jab Supreme Court ne clear kar
Registrar General di lei 6 vakil aayenge) 5 wohh aayenge toh
woh aadmi andar kaise aaya. {tell us one '
thing, if the Supreme Court had claJ"ified that
6 advocates will come, 5 of theirs (meaning
journalists) would come, then how did a
commoner get inside)
Registrar General- Hurnne sabko direction de di thi) DCP lco hum
sab ne (we had given directions to everyone,
to the DCP)
Mr. Harin Rawal - Sir, I have a very simple question if you were
aware of the Supreme Court order, and you
found someone who was not looking like an
advocate did you try and enquire who he is.
Eegistrar General Sir hurn71e poocha kaun hail isse pakdo (sir
we asked who he was, to catch him)
\orw 'I
Mr. Kapil Sibal - That's not the point. How did you let him
go? How did you let him in a,nd how did you
let him out?
Registrar General Sir~ humne kaha isse action lo} isske) kaun hai yeh aadmi. (sir we told to take action
. against him)
Mr. Kapil Sibal - What do you mean by that? When a person
is not entitled to be here he should not be
allowed go.
I Mr. Kapil Sibal-. Aapne arrest kyon nahi karaya unlw? (why
didn't you get him arrested?)
Registrar General Sir) meine kaha DCP ko (Sir, I told that DCP)
Mr. Kapil Sibal - Kisko kaha batao. You have said ki kisiko
!who. ab batao kis leo kaha. (tell us who you
told it to. You have said ki you have told
someone, now tell us who you told it to)
Registrar General Sir 12-13 officers they mainey sabhiko bola. (sir 12-13 officers' were there, I told
everyone.)
Mr. Kapil Sibal - Kaun 12-13) unmein se ek-do ko pehchaniye Mr. aap. (which 12-13, please identify one or
two)
Registrar General Yes
Mr. Kapil Sibal Bataeyeh kaun hai (tell us who it is)
Registrar General DCP was there.
Mr. Kapil Sibal - \tVhich DCP?
Registrar General Mr. Jatin Narwal. .
Mr. Kapil Sibal - That's not the point. How did you let him
go? How did you let him in a,nd how did you
let him out?
Registrar General Sir~ humne kaha isse action lo} isske) kaun hai yeh aadmi. (sir we told to take action
. against him)
Mr. Kapil Sibal - What do you mean by that? When a person
is not entitled to be here he should not be
allowed go.
I Mr. Kapil Sibal-. Aapne arrest kyon nahi karaya unlw? (why
didn't you get him arrested?)
Registrar General Sir) meine kaha DCP ko (Sir, I told that DCP)
Mr. Kapil Sibal - Kisko kaha batao. You have said ki kisiko
!who. ab batao kis leo kaha. (tell us who you
told it to. You have said ki you have told
someone, now tell us who you told it to)
Registrar General Sir 12-13 officers they mainey sabhiko bola. (sir 12-13 officers' were there, I told
everyone.)
Mr. Kapil Sibal - Kaun 12-13) unmein se ek-do ko pehchaniye Mr. aap. (which 12-13, please identify one or
two)
Registrar General Yes
Mr. Kapil Sibal Bataeyeh kaun hai (tell us who it is)
Registrar General DCP was there.
Mr. Kapil Sibal - \tVhich DCP?
Registrar General Mr. Jatin Narwal. .
.(Ill l1\1r. Jatin Narwal enters the room and comes in)
o
Mr'. Kapil Sibal Wohh kehte hain ki unhonay bola tha ki yeh
asks the DCP - "caise andar aaya isse arrest learo. (he is
saving that he asked you how that man
came in and also asked you to arrest him)
Mr. Jatin Narwal, Sir arrest ki lwi baat hi nahi ki thi. (sir there
DCP was no talk of arrest)
Registrar General Meine kaha nahi iss aadmi leo paledo. (didn't I
ask you to catch this guy)
Mr. Jatin Nan;val, Sir unlco )0 hai enquire kar rahe the. (sir, we
DCP were inquiring him)
Mr. Dushyant Toh aap andar aaye the kamre mein? (so
Dave to the Mr. were you inside the room?)
Jatin Narwal' DCP
Registrar General He was there.
Mr. Kapil Sibal- Haan, Haan, Haan he was there. He told
him ke isko pakdo. He did not do it.
Registrar General Sir inlce saath 10-12 aur bhi police officer the
yahan par. (sir there were 1 0-12 other police
officers here along with him)
Mr. Kapil Sibal- You and)oh bhi 10-12 officers the yahanpar
unlce naam chahiye hamein. Unlce naam
chahiye aur unlce designation chahiye (we
need your name and the names of the other
10-12 officers who were present along with
their designation). Because we have to go
back to the Supreme Court and report it.
Mr. J atin N arwal, I asked them how did you come here?
DCP
.(Ill l1\1r. Jatin Narwal enters the room and comes in)
o
Mr'. Kapil Sibal Wohh kehte hain ki unhonay bola tha ki yeh
asks the DCP - "caise andar aaya isse arrest learo. (he is
saving that he asked you how that man
came in and also asked you to arrest him)
Mr. Jatin Narwal, Sir arrest ki lwi baat hi nahi ki thi. (sir there
DCP was no talk of arrest)
Registrar General Meine kaha nahi iss aadmi leo paledo. (didn't I
ask you to catch this guy)
Mr. Jatin Nan;val, Sir unlco )0 hai enquire kar rahe the. (sir, we
DCP were inquiring him)
Mr. Dushyant Toh aap andar aaye the kamre mein? (so
Dave to the Mr. were you inside the room?)
Jatin Narwal' DCP
Registrar General He was there.
Mr. Kapil Sibal- Haan, Haan, Haan he was there. He told
him ke isko pakdo. He did not do it.
Registrar General Sir inlce saath 10-12 aur bhi police officer the
yahan par. (sir there were 1 0-12 other police
officers here along with him)
Mr. Kapil Sibal- You and)oh bhi 10-12 officers the yahanpar
unlce naam chahiye hamein. Unlce naam
chahiye aur unlce designation chahiye (we
need your name and the names of the other
10-12 officers who were present along with
their designation). Because we have to go
back to the Supreme Court and report it.
Mr. J atin N arwal, I asked them how did you come here?
DCP
r .. Mr. Kapil Sibal- No ask! How did he get in. And when they
told you ki isko pakdo how did he get out?
Registrar General Sir, we have also given him (DCP) a copy of
the order.
(voice unclear)
Mr. Jatin Narwal, That was the escort party. Sir mein jaise hi
DCP unse rwam poocha woh kehte hein Jei haan
bata rahe hain (sir the moment I asked him
his name he told me that he will tell me)
Mr. Dushyant AapJee saath 12-13 kaun they woh bataeyeh.
Dave -Naam bataeyeh. (who were the 12-13 others
with you. Tell their names)
Mr. Jatin Narwal, Sir) South District ki team thi (sir, it was the
DCP - south district team).'
Mr. Kapil Sibal - Get us the names of the South District
Team.
Mr. Harin Rawal - And please just one question when the
Registrar General says that he asked you to
arrest that man, did you or why did you not
arrest him.
DCP- The moment I got to know I ran.
Mr. Harin Rawal- But he said you were inside the room.
DCP- Sir mein inside nahi tha mein udhar gaya
tha (sir I was not inside, I had gone out)
(pointing outside the door).
Registrar General Nasir he was inside the room alongwith 10-
of High Court - 12 other police officers.
Mr. Kapil Sibal - Then?
\\)~
r .. Mr. Kapil Sibal- No ask! How did he get in. And when they
told you ki isko pakdo how did he get out?
Registrar General Sir, we have also given him (DCP) a copy of
the order.
(voice unclear)
Mr. Jatin Narwal, That was the escort party. Sir mein jaise hi
DCP unse rwam poocha woh kehte hein Jei haan
bata rahe hain (sir the moment I asked him
his name he told me that he will tell me)
Mr. Dushyant AapJee saath 12-13 kaun they woh bataeyeh.
Dave -Naam bataeyeh. (who were the 12-13 others
with you. Tell their names)
Mr. Jatin Narwal, Sir) South District ki team thi (sir, it was the
DCP - south district team).'
Mr. Kapil Sibal - Get us the names of the South District
Team.
Mr. Harin Rawal - And please just one question when the
Registrar General says that he asked you to
arrest that man, did you or why did you not
arrest him.
DCP- The moment I got to know I ran.
Mr. Harin Rawal- But he said you were inside the room.
DCP- Sir mein inside nahi tha mein udhar gaya
tha (sir I was not inside, I had gone out)
(pointing outside the door).
Registrar General Nasir he was inside the room alongwith 10-
of High Court - 12 other police officers.
Mr. Kapil Sibal - Then?
\\)~
--,CP Nahi, sir, there was a time gap. The moment
I got to know that they were there I ran and
chased them.
(Mr. Sanjay Bhatia, Additional DCP, from the South District
Team enters the room)
Mr. Dushyant Aap South District Team se hain. Aaplca aur
Dave - sabka naam dejiyeh (you are from south
district team. Please give all your names)
Additional DCP - Sir mein le loonh sab ka naam jaakar? (sir, I
~ Mr. can I go and get everyone's name)
Mr. Kapil Sibal - Haan, Haan, Please.
Mr. Jatin, DCP - Sir the moment I got to know that they are
the attackers I chased them.
Mr. Kapil Sibal- No question of chasing them. How can you
say that I was chasing them.
Registrar General Sir ek aadmi ne uss ko pakad bhi rakha tha
of High Court - accused ko taaki woh bhaag na jayeh
(someone had held the accused to prevent
him from running) Ek aadmi wahan jaa ke
baith gaya (one man went and sat there)
(pointing to a chair in the corner of the
room).
Mr. Dushyant Yeh (Addl. DCP) keh rahe hain ki andar in ki
Dave - team nahi thi (this AddL DCP is saying that
his tearn did not come inside.)
Addl. DCP- Andar toh hum ho hi -nahi saktey! Sir. Wohh
to jo escort party thi woh thi andar. (we cant
be inside sir. The escort party was inside)
--,CP Nahi, sir, there was a time gap. The moment
I got to know that they were there I ran and
chased them.
(Mr. Sanjay Bhatia, Additional DCP, from the South District
Team enters the room)
Mr. Dushyant Aap South District Team se hain. Aaplca aur
Dave - sabka naam dejiyeh (you are from south
district team. Please give all your names)
Additional DCP - Sir mein le loonh sab ka naam jaakar? (sir, I
~ Mr. can I go and get everyone's name)
Mr. Kapil Sibal - Haan, Haan, Please.
Mr. Jatin, DCP - Sir the moment I got to know that they are
the attackers I chased them.
Mr. Kapil Sibal- No question of chasing them. How can you
say that I was chasing them.
Registrar General Sir ek aadmi ne uss ko pakad bhi rakha tha
of High Court - accused ko taaki woh bhaag na jayeh
(someone had held the accused to prevent
him from running) Ek aadmi wahan jaa ke
baith gaya (one man went and sat there)
(pointing to a chair in the corner of the
room).
Mr. Dushyant Yeh (Addl. DCP) keh rahe hain ki andar in ki
Dave - team nahi thi (this AddL DCP is saying that
his tearn did not come inside.)
Addl. DCP- Andar toh hum ho hi -nahi saktey! Sir. Wohh
to jo escort party thi woh thi andar. (we cant
be inside sir. The escort party was inside)
,iA
r. Dushyant Kiski thi escort party? Kiski hai escort part?
Dave - (whose escort party was it?)
DCP- Sir, South District ki.
Mr. Rajiv Dhawan Aapne jaate nahi dekha na? (you didn't' see
to Registrar him going out?)
General-
Registrar General Meine wahan baithe huay dekha usko (I saw
him sitting there)
(Again indistinct voices) ,
Registrar General He says they were two but I saw one.
Mr. Himanshu - One in grey suit, one in white suit.
Mr. Kapil Sibal - Kisine record nahi kiya? (no one recorded?)
Registrar General Mobile sabki rakh di andar (every ones
mobile was kept inside) as per court order.
Mr.' Harin Rawal Sir I am stopping the recording now and at
to the Registrar this moment....... (first video ends second
General video starts and the conversation in between
is lost).
I apprehend that this phone may not be
working so I am sending it right now in
presence of all of you.
RegistraT General Theek hai sir.
,iA
r. Dushyant Kiski thi escort party? Kiski hai escort part?
Dave - (whose escort party was it?)
DCP- Sir, South District ki.
Mr. Rajiv Dhawan Aapne jaate nahi dekha na? (you didn't' see
to Registrar him going out?)
General-
Registrar General Meine wahan baithe huay dekha usko (I saw
him sitting there)
(Again indistinct voices) ,
Registrar General He says they were two but I saw one.
Mr. Himanshu - One in grey suit, one in white suit.
Mr. Kapil Sibal - Kisine record nahi kiya? (no one recorded?)
Registrar General Mobile sabki rakh di andar (every ones
mobile was kept inside) as per court order.
Mr.' Harin Rawal Sir I am stopping the recording now and at
to the Registrar this moment....... (first video ends second
General video starts and the conversation in between
is lost).
I apprehend that this phone may not be
working so I am sending it right now in
presence of all of you.
RegistraT General Theek hai sir.
~~ ~.~I"""~", .... ,.~y~:~.,<"., .,,,,,,,,,,,,..-- ." ...
~ "'Y··· ... ~
o •
l!Page
r . \b'~ .
.. .-"'-
......... ANNEX Uf(~;: P:::r I
Account of Happenings on 17.2.2016 as witnessed by Lawyers
representing Kanhaiya Kumar at PaHala House Courts
The Hon'ble Supreme Court passed a detailed order dt. 17.2.2016
(forenoon) giving extensive directions to ensure and enable free and fair
remand proceedings in the Patiala House Court in the said matter at 2:00 PM.
At around 1:45 PM the undersigned lawyers along with Prof.
Himanshu, ** were escorted into the Patiala House Court complex by the
police. As we were entering the court premises we witnessed a huge crowd of
lawyers and non-lawyers already present inside the court. They were
shouting slogans and were clearly unruly and out of control. An aggressive
crowd had also already assembled outside the court and was indulging in
slogan shouting. We also noted sh'ong police contingent manning the gates of
the court complex as also entry to the court building.
We met with the Registrar General, Delhi HighCourt inside the court
building as we proceeded towards Court 3! the' designated court of Sh.
Loveleen Kr. We were taken to Court 4 where the police officials and the
Co un Officials verified our identity and got out mobile phones surrendered.
After due verification of our identities! we were led to Court Hall No.3 which
is right opposite Court Hall no. 4. Prof Himanshu was asked to stay back with
the 3 Court officials.
With the passage of time! from court Hall 4 we could hear the slogans
getting louder. We also heard l()ud commotion! right at the entry to the court I
building located merely 20 feet away from the said court hall on multiple
~ occasions and the doors were as ifbeing banged.
At this point, one of us brought it to the attention to the Registrar that
while there is a large police contingent outs,ide the court complex and the
court building, the security inside the court building was highly inadequate.
The commotion at the entry of court building indicated a strong possibility of
the crowd breaking the cordon and entering th'e building itself which would
have put the lives of all present inside the court to grave danger. It was also
pointed out by us that there is no armed police personnel at the door of the
Court room no. 4 or Court room no. 3.
A little later! we notice from the window of the court hall that a huge
crowd had' gathered on the tetrace of the adjoining building having a direct
view to the seating area inside the court hall. They were shouting'slogans and
waving flags. This was also brought to the attention of the R.e . /.. General
a:pd the DCP present there as there was a clear and lurki9 . / . ything
.;~" Page 1 of 4 \. 'V
'V
• . \., ~ -«S)\} './
~ ~()~ "J' .""l r
.. ~~~~/.:: 0~'0
'-. S~~~~
~~ ~.~I"""~", .... ,.~y~:~.,<"., .,,,,,,,,,,,,..-- ." ...
~ "'Y··· ... ~
o •
l!Page
r . \b'~ .
.. .-"'-
......... ANNEX Uf(~;: P:::r I
Account of Happenings on 17.2.2016 as witnessed by Lawyers
representing Kanhaiya Kumar at PaHala House Courts
The Hon'ble Supreme Court passed a detailed order dt. 17.2.2016
(forenoon) giving extensive directions to ensure and enable free and fair
remand proceedings in the Patiala House Court in the said matter at 2:00 PM.
At around 1:45 PM the undersigned lawyers along with Prof.
Himanshu, ** were escorted into the Patiala House Court complex by the
police. As we were entering the court premises we witnessed a huge crowd of
lawyers and non-lawyers already present inside the court. They were
shouting slogans and were clearly unruly and out of control. An aggressive
crowd had also already assembled outside the court and was indulging in
slogan shouting. We also noted sh'ong police contingent manning the gates of
the court complex as also entry to the court building.
We met with the Registrar General, Delhi HighCourt inside the court
building as we proceeded towards Court 3! the' designated court of Sh.
Loveleen Kr. We were taken to Court 4 where the police officials and the
Co un Officials verified our identity and got out mobile phones surrendered.
After due verification of our identities! we were led to Court Hall No.3 which
is right opposite Court Hall no. 4. Prof Himanshu was asked to stay back with
the 3 Court officials.
With the passage of time! from court Hall 4 we could hear the slogans
getting louder. We also heard l()ud commotion! right at the entry to the court I
building located merely 20 feet away from the said court hall on multiple
~ occasions and the doors were as ifbeing banged.
At this point, one of us brought it to the attention to the Registrar that
while there is a large police contingent outs,ide the court complex and the
court building, the security inside the court building was highly inadequate.
The commotion at the entry of court building indicated a strong possibility of
the crowd breaking the cordon and entering th'e building itself which would
have put the lives of all present inside the court to grave danger. It was also
pointed out by us that there is no armed police personnel at the door of the
Court room no. 4 or Court room no. 3.
A little later! we notice from the window of the court hall that a huge
crowd had' gathered on the tetrace of the adjoining building having a direct
view to the seating area inside the court hall. They were shouting'slogans and
waving flags. This was also brought to the attention of the R.e . /.. General
a:pd the DCP present there as there was a clear and lurki9 . / . ything
.;~" Page 1 of 4 \. 'V
'V
• . \., ~ -«S)\} './
~ ~()~ "J' .""l r
.. ~~~~/.:: 0~'0
'-. S~~~~
21Page
that may be thrown through the window despite the iron grills, given the sheer number of people present all around and shouting loudly.
Thereafter,we saw Kanhaiya being brought to CourtRoom 4 with lot of policemen being present outside the court hall. Soon thereafter we notice an average built man wearing dark glasses exiting Court Room No.4 where DCP asks him to disclose his identity to which he we hear him saying, "you will ask 1'ne my identity? Why should I tell you who I am" (tUtn lnujhsemerallaampoochogey,inailcyubatautumhemailcaunhu), after which he is allowed to leave the hallway. We could also hear loud noise coming from the Court Room 3 at which point, one of us leave court hall room no. 4 anclgo to Court room no. 3.
We were most surprised at the very fact that when we as lawyers in our robes, were identified so strictly as per orders of this Court, how could a stranger be permitted to enter the court hall, mu~h less, leave the court hall after thrashing the accused in front of 3 court officials present there as well as senior police personnel.
,
Kanhaiya was sitting shouting that he was badly beaten as he was brought to the court and inside the court hall no. 3 as well. Kanhaiya was absolutely shocked and visibly shaken after what had happened to him. He . said that he was thoroughly roughed up on way to the Court, and was beaten repeatedly and even inside the Court hall no. 3 the said unidentified man had beaten him up in presence of all those who were present in Court room 1~0. 3. He also told us that such was the intensity of the attack that the cluster of Police personnel accompanying him from Vasant Kunj PS had also received injuries in trying to protect Kanhaiya from the mob.
At this juncture, all of the remaining lawyers went from Court room no. 4 to Court room no. 3. It is notable that an authority as high as the Registrar General of Delhi High Court along with high ranking police officials were present in Court room no. 3 when this incident happened. Prof. Himanshu, who witnessed this happening in Court room no. 3, also informed that the un\.dentified person was not arrested despite him asking everyone including
the"Registrar General there to arrest him.
. When we saw Kanhiaya, he was not able to talk properly and we asked .. the police officials surrounding him to' allow some fresh air to come. He was panting. He had some injury on his head, and foot, and he told us that~e was punched in the chest and stomach and his hair were pulled. He was WIthout
his foot wear.
Page 2 of 4
,.1
21Page
that may be thrown through the window despite the iron grills, given the sheer number of people present all around and shouting loudly.
Thereafter,we saw Kanhaiya being brought to CourtRoom 4 with lot of policemen being present outside the court hall. Soon thereafter we notice an average built man wearing dark glasses exiting Court Room No.4 where DCP asks him to disclose his identity to which he we hear him saying, "you will ask 1'ne my identity? Why should I tell you who I am" (tUtn lnujhsemerallaampoochogey,inailcyubatautumhemailcaunhu), after which he is allowed to leave the hallway. We could also hear loud noise coming from the Court Room 3 at which point, one of us leave court hall room no. 4 anclgo to Court room no. 3.
We were most surprised at the very fact that when we as lawyers in our robes, were identified so strictly as per orders of this Court, how could a stranger be permitted to enter the court hall, mu~h less, leave the court hall after thrashing the accused in front of 3 court officials present there as well as senior police personnel.
,
Kanhaiya was sitting shouting that he was badly beaten as he was brought to the court and inside the court hall no. 3 as well. Kanhaiya was absolutely shocked and visibly shaken after what had happened to him. He . said that he was thoroughly roughed up on way to the Court, and was beaten repeatedly and even inside the Court hall no. 3 the said unidentified man had beaten him up in presence of all those who were present in Court room 1~0. 3. He also told us that such was the intensity of the attack that the cluster of Police personnel accompanying him from Vasant Kunj PS had also received injuries in trying to protect Kanhaiya from the mob.
At this juncture, all of the remaining lawyers went from Court room no. 4 to Court room no. 3. It is notable that an authority as high as the Registrar General of Delhi High Court along with high ranking police officials were present in Court room no. 3 when this incident happened. Prof. Himanshu, who witnessed this happening in Court room no. 3, also informed that the un\.dentified person was not arrested despite him asking everyone including
the"Registrar General there to arrest him.
. When we saw Kanhiaya, he was not able to talk properly and we asked .. the police officials surrounding him to' allow some fresh air to come. He was panting. He had some injury on his head, and foot, and he told us that~e was punched in the chest and stomach and his hair were pulled. He was WIthout
his foot wear.
Page 2 of 4
,.1
3 I P age \ \0 Realising that the violence inside and outside the Court room has happened despite the categorical orders of this Hon'ble Court, and that the volume and excitement of the mob outside seemed to be on an increasing tempo, and at which point we thought it is necessary to bring all this to the kind attention of the Bench hearing the matter and requested for our cell phones to be given back and made frantic calls to senior members of the bar. Thereafter, the proceedings commenced and Kanhaiya prayed to make his statement regarding the violence that has happened and the injuries received on his person, on which the ld. Magistrate asked· him to give it in writing. A copy of the said order is annexed herewith. \
In the meanwhile, a team of senior lawyers appointed by the Supreme Court arrived at the Court room no. 4. They recorded statements on a mobile phone and while they were present, the sloganeering was unabated and one could hear nasty things being shouted.
It is also notable that there was a dramatic change in the approach of the 3 CQurt officials as well as Police Officials after the visit of the Court Commissioners. The security was beefed up in the hall way in which court no 3 and 4 are situated only after the Court Commissioners arrived. Till before the Court Commissioners arrived, the senior most police official was 'cine Mr. JatinNarwat DCP overseeing the entire arrangements of security. It was only after the Court Commissioners visited that one Mr. Meena, ACP came and inquired about things and our well being.
We also demanded a medical examination of Kanhaiya, on which a doctor was called inside the Court room. Meanwhile, the environment of fear and hostility continued outside fueled .by tumultuous crowds shouting slogans and creating turmoil.
The Court proceedings were over by about 4 pm. When asked for our safe exit, the concerned Police officials said that they are waiting for /I enough force". We were made to wait for about 3 hours in the Court room no. 3. When it grew dark, and there was still sloganeering happelling outside, we realized that the situation may once again go out of controt and at which point we made calls to some of the Court Commissioners and requested them to see what can be done for our safe exit and reported the reply of Delhi Police regarding not having II enough force" to allow our safe exit. Thereafter, in a matter of 15 minutes the Police suddenly sprung into action and finally around 6:50-7 pm we were dropped at Delhi High Court by Delhi Police. '
Page30f4
3 I P age \ \0 Realising that the violence inside and outside the Court room has happened despite the categorical orders of this Hon'ble Court, and that the volume and excitement of the mob outside seemed to be on an increasing tempo, and at which point we thought it is necessary to bring all this to the kind attention of the Bench hearing the matter and requested for our cell phones to be given back and made frantic calls to senior members of the bar. Thereafter, the proceedings commenced and Kanhaiya prayed to make his statement regarding the violence that has happened and the injuries received on his person, on which the ld. Magistrate asked· him to give it in writing. A copy of the said order is annexed herewith. \
In the meanwhile, a team of senior lawyers appointed by the Supreme Court arrived at the Court room no. 4. They recorded statements on a mobile phone and while they were present, the sloganeering was unabated and one could hear nasty things being shouted.
It is also notable that there was a dramatic change in the approach of the 3 CQurt officials as well as Police Officials after the visit of the Court Commissioners. The security was beefed up in the hall way in which court no 3 and 4 are situated only after the Court Commissioners arrived. Till before the Court Commissioners arrived, the senior most police official was 'cine Mr. JatinNarwat DCP overseeing the entire arrangements of security. It was only after the Court Commissioners visited that one Mr. Meena, ACP came and inquired about things and our well being.
We also demanded a medical examination of Kanhaiya, on which a doctor was called inside the Court room. Meanwhile, the environment of fear and hostility continued outside fueled .by tumultuous crowds shouting slogans and creating turmoil.
The Court proceedings were over by about 4 pm. When asked for our safe exit, the concerned Police officials said that they are waiting for /I enough force". We were made to wait for about 3 hours in the Court room no. 3. When it grew dark, and there was still sloganeering happelling outside, we realized that the situation may once again go out of controt and at which point we made calls to some of the Court Commissioners and requested them to see what can be done for our safe exit and reported the reply of Delhi Police regarding not having II enough force" to allow our safe exit. Thereafter, in a matter of 15 minutes the Police suddenly sprung into action and finally around 6:50-7 pm we were dropped at Delhi High Court by Delhi Police. '
Page30f4
./
41Page \ \ ,
Thus, in all there was a great hostility and an environment of fear and aggression, and the situation there throughout remained very tense and not conducive for normal functioning of lawyers or courts, and against the notions of free and fair access to justice .
. ~~~~ ~tt~el.qV\~. Vrinda Grav Risltabh Sancheti ~
QrW~' Ba~kim K p~~ ... ~~
Siddharth Sharma
Page4 of 4
.1
./
41Page \ \ ,
Thus, in all there was a great hostility and an environment of fear and aggression, and the situation there throughout remained very tense and not conducive for normal functioning of lawyers or courts, and against the notions of free and fair access to justice .
. ~~~~ ~tt~el.qV\~. Vrinda Grav Risltabh Sancheti ~
QrW~' Ba~kim K p~~ ... ~~
Siddharth Sharma
Page4 of 4
.1
._-_.-._-_.- ...... _- ... _-. __ ..
.'
! ! !
In the Hon'ble Supreme Court ofIndia
In Re: Writ Petition(s) (Criminal) No(s). 2512016
N.D. Jayaprakash (Petitioner)
Versus
Union ofIndia and Anr. (Respondent)
Report of Registrar General, Hon'blc High Court of Delhi
, ,.
/
1. Pursuant to order dated 17.2.2016 (pre-lunch) of this Hon'ble Court in Writ
Petition(Crl.) No. 25/2016 and after informing the Hon'ble Chief Justice of High
Court of Delhi, I reached Patiala House Courts Complex, New Delhi at about 1: I a i PM. I visited the Chamber of Sh. Amar Nath, Ld. District & Sessions J~dge, Patiala 1
House Courts, New Delhi. .J
2. 1n the chamber of Sh. Amar Na:h~ Ld. District & Sessions Judge, Patiala' House ,II
Courts, New Delhi I met with Sh .. Jatin Narwal, DCP, New Delhi and Sh. Sanjay,i
Bhatia, Add!. DCP (South), who were present in the complex & called by Ld. District},
& S . rIg
eSSlons . ue ge.· *
3. I orally informed them about the instructions given by this Hon' ble Court as r had not!
received copy of the order of this Hon'ble Court by that time. Both police offIcials; J
were apprised of the directions of this Hon'ble COUli to the effect that a) only 06 J
named' Advocates shall be allowed inside the Court Room; b) and 05 named pre;s .~.
reporters shall be allowed inside the Court Room (subject to their identification being ,1
certified by the undersigned); c) four family members of the accused are only to be1
allowed inside the Court Room (subjeetta their identification by the accused) ur in J
the abs~nce of t:1e family ~n~mbe~s, o~efaculty member from JNU and one stu~lellt Ii',
from JNU, (subject to theIr IdentIficatIOn by the accused) are only to be permItted;
inside the Court Room.: · . . '. l
4. Meanwhile at about 1:40 PM, COPY'of the Order dated 17.02.2016 of this Hon'bl:,'
Court was handed over to me by co~t $t~ff A copy thereof was supplied by me to Sit!
Jatll1 Narwal, DCP, New ~elhl and Sh: SanJay Bhatla, Addl. DCP (South). ~
5. Keeping in view the prevailing laviundl)rder situation, it was decided that as accLlsedl
is to be produced before the Court of Ld. M~, B h. Lov 1 ceo, i ° Court Room No.4, so f
along with Sh. Amar Nath, Ld. D!stncr & SesslOns Judge, Patlaia House Court, Ne!
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In the Hon'ble Supreme Court ofIndia
In Re: Writ Petition(s) (Criminal) No(s). 2512016
N.D. Jayaprakash (Petitioner)
Versus
Union ofIndia and Anr. (Respondent)
Report of Registrar General, Hon'blc High Court of Delhi
, ,.
/
1. Pursuant to order dated 17.2.2016 (pre-lunch) of this Hon'ble Court in Writ
Petition(Crl.) No. 25/2016 and after informing the Hon'ble Chief Justice of High
Court of Delhi, I reached Patiala House Courts Complex, New Delhi at about 1: I a i PM. I visited the Chamber of Sh. Amar Nath, Ld. District & Sessions J~dge, Patiala 1
House Courts, New Delhi. .J
2. 1n the chamber of Sh. Amar Na:h~ Ld. District & Sessions Judge, Patiala' House ,II
Courts, New Delhi I met with Sh .. Jatin Narwal, DCP, New Delhi and Sh. Sanjay,i
Bhatia, Add!. DCP (South), who were present in the complex & called by Ld. District},
& S . rIg
eSSlons . ue ge.· *
3. I orally informed them about the instructions given by this Hon' ble Court as r had not!
received copy of the order of this Hon'ble Court by that time. Both police offIcials; J
were apprised of the directions of this Hon'ble COUli to the effect that a) only 06 J
named' Advocates shall be allowed inside the Court Room; b) and 05 named pre;s .~.
reporters shall be allowed inside the Court Room (subject to their identification being ,1
certified by the undersigned); c) four family members of the accused are only to be1
allowed inside the Court Room (subjeetta their identification by the accused) ur in J
the abs~nce of t:1e family ~n~mbe~s, o~efaculty member from JNU and one stu~lellt Ii',
from JNU, (subject to theIr IdentIficatIOn by the accused) are only to be permItted;
inside the Court Room.: · . . '. l
4. Meanwhile at about 1:40 PM, COPY'of the Order dated 17.02.2016 of this Hon'bl:,'
Court was handed over to me by co~t $t~ff A copy thereof was supplied by me to Sit!
Jatll1 Narwal, DCP, New ~elhl and Sh: SanJay Bhatla, Addl. DCP (South). ~
5. Keeping in view the prevailing laviundl)rder situation, it was decided that as accLlsedl
is to be produced before the Court of Ld. M~, B h. Lov 1 ceo, i ° Court Room No.4, so f
along with Sh. Amar Nath, Ld. D!stncr & SesslOns Judge, Patlaia House Court, Ne!
~ page1of~ j 1 j
I \,/
Delhi and some other judicial officers namely Sh. Bharat Prashar, Ld. Special Judge,
CBI, Sh. Sumit Dass, Lel. CMM, Patialrr House COUlis and Sh.Amitabh Rawat, Ld.
ACJ, Patiala House Courts shall sit in Court Room No.3, i.e. in the court of Ld. ADJ,
Sh. S.S. Rathi just opposite to the Court of Sh. Lovleen, MM. The room of Ld. ADJ,
Sh. S.S. Rathi, (who had vacated the room) was made available by Ld. District &
Sessions Judge in order to ensure compliance of the orders of this Hon'ble Court.
Police officers were directed to bring all permitted persons before the undersigned in
the vacant court no.3 for their identity and also the accused.
'6: At about 2 PM, 06 lawyers namely Sh. Susheel Bajaj, Sh, Siddharth,Sharma, Sh.
Rishab Sancheti, Sh. Prabhu, Sh. Bankim KKulshrestha and Ms. Vrinda Grover came
inside vacant Court Room No.3 and after verifying their identity, I requested all of
them to leave their mobile phones in the said room only with the court staff before
entering Court Room No.4. There were two junior lawyers accompanying,them and
o upon being informed about the orders of this Hon'ble Court, they left the vacant Court
Room No.3.
7. One Sh. Himanshu, Associate Professor, JNU, who came with accused's lawyers, was
present in vacant Court Room No.3, whos(ddentity was checked by me. I further
informed him about the orders of this Hon'ble Caurt to the effect that if none of the
family members of accused Kanhaiya Kumar is available then only he will be
permitted to attend the proceedings. HI': told me that no family member of accused is
in Delhi. It was also enquired from h'iin as to whether any student from JNU, who
may intend to join the proceedings, was available or not, subject to identification by
accused. However, Sh. Himanshu stated that though a number of students are present
but none is able to enter inside.
8. put of the five journalists, who were to be permitted to be allowed inside the court,
only four namely Sh. Abhishek An:shu,PTI; Mr, Amiya Kumar Khushwaha, IANS;
Mr. Arvind Singh, ANI; Mr. SuchitraMohanty, Reuters arrived in vacant Court Room
No.1 All the four journalists present were allowed to go to Court Room No.4 alter
their identity was established.
9. At about 2:34 pm, I received a SMS 011 my mobile from mobile nO.9810019564 and
, ir'>~i;';,\H:-:i~'··~".1
/'. .
X' the seneler Introduced herself as Ms. Bhadra Sinha from HT informing that H?n'blc
Supreme Court has not restricted the entry to the court premises but Delhi Police is . ","'."
,",
restricting the journalists there. I immediately brought it to the notice of DCr Sh.
Narwal and provided him mobile number of the said reporter and after sometime he
Page 2 of 6
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Delhi and some other judicial officers namely Sh. Bharat Prashar, Ld. Special Judge,
CBI, Sh. Sumit Dass, Lel. CMM, Patialrr House COUlis and Sh.Amitabh Rawat, Ld.
ACJ, Patiala House Courts shall sit in Court Room No.3, i.e. in the court of Ld. ADJ,
Sh. S.S. Rathi just opposite to the Court of Sh. Lovleen, MM. The room of Ld. ADJ,
Sh. S.S. Rathi, (who had vacated the room) was made available by Ld. District &
Sessions Judge in order to ensure compliance of the orders of this Hon'ble Court.
Police officers were directed to bring all permitted persons before the undersigned in
the vacant court no.3 for their identity and also the accused.
'6: At about 2 PM, 06 lawyers namely Sh. Susheel Bajaj, Sh, Siddharth,Sharma, Sh.
Rishab Sancheti, Sh. Prabhu, Sh. Bankim KKulshrestha and Ms. Vrinda Grover came
inside vacant Court Room No.3 and after verifying their identity, I requested all of
them to leave their mobile phones in the said room only with the court staff before
entering Court Room No.4. There were two junior lawyers accompanying,them and
o upon being informed about the orders of this Hon'ble Court, they left the vacant Court
Room No.3.
7. One Sh. Himanshu, Associate Professor, JNU, who came with accused's lawyers, was
present in vacant Court Room No.3, whos(ddentity was checked by me. I further
informed him about the orders of this Hon'ble Caurt to the effect that if none of the
family members of accused Kanhaiya Kumar is available then only he will be
permitted to attend the proceedings. HI': told me that no family member of accused is
in Delhi. It was also enquired from h'iin as to whether any student from JNU, who
may intend to join the proceedings, was available or not, subject to identification by
accused. However, Sh. Himanshu stated that though a number of students are present
but none is able to enter inside.
8. put of the five journalists, who were to be permitted to be allowed inside the court,
only four namely Sh. Abhishek An:shu,PTI; Mr, Amiya Kumar Khushwaha, IANS;
Mr. Arvind Singh, ANI; Mr. SuchitraMohanty, Reuters arrived in vacant Court Room
No.1 All the four journalists present were allowed to go to Court Room No.4 alter
their identity was established.
9. At about 2:34 pm, I received a SMS 011 my mobile from mobile nO.9810019564 and
, ir'>~i;';,\H:-:i~'··~".1
/'. .
X' the seneler Introduced herself as Ms. Bhadra Sinha from HT informing that H?n'blc
Supreme Court has not restricted the entry to the court premises but Delhi Police is . ","'."
,",
restricting the journalists there. I immediately brought it to the notice of DCr Sh.
Narwal and provided him mobile number of the said reporter and after sometime he
Page 2 of 6
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intormed the undersigned thathe had taken the steps for their entry. I received another 1.:i
message from'Ms. Bhadra Sinha to the effect that Sh.Siddharth Luthra (Ld. Sr.' i
Advocate) informed her that all are allowed. I
10. The accused was produced at about 2:50 pm, by 10 to 12 police officers including Sh.1
Jatin Narwal DCP, New Delhiand was brought inside the vacant Court Room No.3, I·
where the undersigned was sitting along with Sh. Amar Nath, Ld. District & Sessions i
Judge, Patiala House Courts, New Delhi and some Judicial officers namely Sh. Bharat II(
Prashar, Ld. Special Judge, CBI, Sh. Sumit Dass, Ld. CMM, Patiala House Courts \
and Sh. Amitabh Rawat, Ld. ACJ, Patiala House Courts. 1 .{
11. I identified myselfto the accused and apprised him of the order of this .Hon'ble Court I ,
& began by enquiring from the accused as to his family members who may want to 1 I
attend the proceedings but he informed the undersigned that he had no family member ~
in Delhi. I arranged drinking water for the accused through staff of the judicial I officers present with me in Court Room No.3. I told the accused that as per order of j
the Han 'bIe Supreme Court one teacher· and one student could be allowed into Court:)
in the absence of family members and he also identified Sh. Himanshu to be his I'
teacher.
' : '/
~2;;JAt that time there was commotion and I noticed one person in plain clothes sitting in a 1
,:>" corner of Court Room NoJ near the window. I immediately asked the police officers .1
present as to who that said person is ~nd how he is present inside the Court Room. } 1
Since accused was dishevelled I asked him if he was assaulted & he said that he was l IJ
assaulted while he was being brought to the court. I told the police officers including ~ i
Sh . .Tatin Narwal, DCP, New Delhi present to apprehend and arrest the said person ill j l
1
plain clothes who was present in the room apprehending that he might be the person • \1
who had assaulted the accused. In the meanwhile, Ld. Counsels for the accused Ms, .. ,111
Vrincla Grover and Sh. Susheel Bajaj and other Advocates of the accused came inside ,] l
vacant Court Room No.3 from Court Room No.4. On being inquired by Ms. Vrinda ,j
Grover, the accused told her that he has been .assaulted and that there was threat to his j J
life.
1
13. Thereafter, Ms. Vrinda Grover, Advocate, enquired from Sh. Jatin Narwal, DCP, New :.11
Delhi as to who was present in Court Room No.3 in plain clothes and why he had not . I
been arrested. At that time, I also enquired from Sh. latin Narwal, DCP, New Delhi if;l I
the said person had been apprehended: However, the DCP informed me that he had j ,j
gone outside to look for the said person however, by (hen he seemed to have left. I ~._ ____ . Page30f6 'J,
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intormed the undersigned thathe had taken the steps for their entry. I received another 1.:i
message from'Ms. Bhadra Sinha to the effect that Sh.Siddharth Luthra (Ld. Sr.' i
Advocate) informed her that all are allowed. I
10. The accused was produced at about 2:50 pm, by 10 to 12 police officers including Sh.1
Jatin Narwal DCP, New Delhiand was brought inside the vacant Court Room No.3, I·
where the undersigned was sitting along with Sh. Amar Nath, Ld. District & Sessions i
Judge, Patiala House Courts, New Delhi and some Judicial officers namely Sh. Bharat II(
Prashar, Ld. Special Judge, CBI, Sh. Sumit Dass, Ld. CMM, Patiala House Courts \
and Sh. Amitabh Rawat, Ld. ACJ, Patiala House Courts. 1 .{
11. I identified myselfto the accused and apprised him of the order of this .Hon'ble Court I ,
& began by enquiring from the accused as to his family members who may want to 1 I
attend the proceedings but he informed the undersigned that he had no family member ~
in Delhi. I arranged drinking water for the accused through staff of the judicial I officers present with me in Court Room No.3. I told the accused that as per order of j
the Han 'bIe Supreme Court one teacher· and one student could be allowed into Court:)
in the absence of family members and he also identified Sh. Himanshu to be his I'
teacher.
' : '/
~2;;JAt that time there was commotion and I noticed one person in plain clothes sitting in a 1
,:>" corner of Court Room NoJ near the window. I immediately asked the police officers .1
present as to who that said person is ~nd how he is present inside the Court Room. } 1
Since accused was dishevelled I asked him if he was assaulted & he said that he was l IJ
assaulted while he was being brought to the court. I told the police officers including ~ i
Sh . .Tatin Narwal, DCP, New Delhi present to apprehend and arrest the said person ill j l
1
plain clothes who was present in the room apprehending that he might be the person • \1
who had assaulted the accused. In the meanwhile, Ld. Counsels for the accused Ms, .. ,111
Vrincla Grover and Sh. Susheel Bajaj and other Advocates of the accused came inside ,] l
vacant Court Room No.3 from Court Room No.4. On being inquired by Ms. Vrinda ,j
Grover, the accused told her that he has been .assaulted and that there was threat to his j J
life.
1
13. Thereafter, Ms. Vrinda Grover, Advocate, enquired from Sh. Jatin Narwal, DCP, New :.11
Delhi as to who was present in Court Room No.3 in plain clothes and why he had not . I
been arrested. At that time, I also enquired from Sh. latin Narwal, DCP, New Delhi if;l I
the said person had been apprehended: However, the DCP informed me that he had j ,j
gone outside to look for the said person however, by (hen he seemed to have left. I ~._ ____ . Page30f6 'J,
~~ ·1 'I J y
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I 14. At that time Ms. Vrinda Grover, Advocate requested that she be provided her mobile
phone as she intends to inform her colleagues in Hon'ble Supreme Court of India.
Accordingly, her mobile phone was made available to her and she made some calls
and again re-deposited her mobile instrument with the staff of the court. Ms. Vrinda
Grover thereaHer stated that statement of the accused be recorded and MLC be' got
prepared and he be also provided with a paper and pen to write the entire incident.
Accordingly, accused Kanhaiya Kumar was made available blank paper and pen so
that he may put in writing whatever he has to state. In the meantime, t~ey stated that
they will get entire incident recorded in judicial proceedings before Sh.: Lovleen, Ld.
MM. Thereafter, accused was taken to Court Room No.4 with all the Defence
Counsels and Associate Professor Sh. Himanshu &.judicial proceedings commenced
around 3 PM and continued for some time.
15. During that time I along with other Judicial Officers kept sitting in vacant Court
Room No.3 and for security reasons the door of the Court Room No.4 was kept I
closed. At that time, judicial officers informed the undersigned that there was one
more unidentified person present in vacant Court Room No.3 who had left.
16. At about 3:30 PM, after conclusion of the proceedipgs, I along with other officers
present was informed that the Court of Ld. MM has remanded the accused to judicial
custody till 02.03.2016 and at the request of accused and his counsels, the concerned
court had directed the medical examination of the accused to be conducted in the
I
court itself as owing to the large crowd, it was 110t feasible to take the accused outside
to the Patiala I-louse Court dispensary for medical examination. The police officers
present stated that they will arrange some doctor from RML hospital since the
dispensary in Patiala I-louse Courts was closed.
17. Subsequently, a team of senior advocates namely Sh. Kapil Sibal, Sh. Dushyant Dave,
Sh. Rajeev Dhawan, Sh. Ajit Sinha and Sh. Harin Rawal with Sh. A.D.N. Rao,
Advocate from Hon'ble Supreme Court of India came in a security cordon and went
straightaway to the court of Ld. MM Sh. Lovleen i.e. Court Room No.4.
18. Shortly before their arrival, I had received a call from mobile no. 97i 7394800 of the
I
Registrar Sh. Manish Aggarwal, Hon'ble High Court of Delhi on my mobile phone
that a Committee of senior Lawyers has ~e~n deputed by the Hon'ble Supreme Court
of India to visit, assess and report the ground situation.
19. After visiting the concerned Court Room of Sh. Lovleen, Ld. MM (Court Room
No.4), the team of Senior Advocates came to the vac.ant Court Rooni No.3 where the
Page 4.of 6
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I 14. At that time Ms. Vrinda Grover, Advocate requested that she be provided her mobile
phone as she intends to inform her colleagues in Hon'ble Supreme Court of India.
Accordingly, her mobile phone was made available to her and she made some calls
and again re-deposited her mobile instrument with the staff of the court. Ms. Vrinda
Grover thereaHer stated that statement of the accused be recorded and MLC be' got
prepared and he be also provided with a paper and pen to write the entire incident.
Accordingly, accused Kanhaiya Kumar was made available blank paper and pen so
that he may put in writing whatever he has to state. In the meantime, t~ey stated that
they will get entire incident recorded in judicial proceedings before Sh.: Lovleen, Ld.
MM. Thereafter, accused was taken to Court Room No.4 with all the Defence
Counsels and Associate Professor Sh. Himanshu &.judicial proceedings commenced
around 3 PM and continued for some time.
15. During that time I along with other Judicial Officers kept sitting in vacant Court
Room No.3 and for security reasons the door of the Court Room No.4 was kept I
closed. At that time, judicial officers informed the undersigned that there was one
more unidentified person present in vacant Court Room No.3 who had left.
16. At about 3:30 PM, after conclusion of the proceedipgs, I along with other officers
present was informed that the Court of Ld. MM has remanded the accused to judicial
custody till 02.03.2016 and at the request of accused and his counsels, the concerned
court had directed the medical examination of the accused to be conducted in the
I
court itself as owing to the large crowd, it was 110t feasible to take the accused outside
to the Patiala I-louse Court dispensary for medical examination. The police officers
present stated that they will arrange some doctor from RML hospital since the
dispensary in Patiala I-louse Courts was closed.
17. Subsequently, a team of senior advocates namely Sh. Kapil Sibal, Sh. Dushyant Dave,
Sh. Rajeev Dhawan, Sh. Ajit Sinha and Sh. Harin Rawal with Sh. A.D.N. Rao,
Advocate from Hon'ble Supreme Court of India came in a security cordon and went
straightaway to the court of Ld. MM Sh. Lovleen i.e. Court Room No.4.
18. Shortly before their arrival, I had received a call from mobile no. 97i 7394800 of the
I
Registrar Sh. Manish Aggarwal, Hon'ble High Court of Delhi on my mobile phone
that a Committee of senior Lawyers has ~e~n deputed by the Hon'ble Supreme Court
of India to visit, assess and report the ground situation.
19. After visiting the concerned Court Room of Sh. Lovleen, Ld. MM (Court Room
No.4), the team of Senior Advocates came to the vac.ant Court Rooni No.3 where the
Page 4.of 6
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undersigned along with Sh. Amar Nath, Ld. District & Sessions Judge & other
Judicial Officers were present and they enquired from us as to what had transpired
and the same \vas videographed by Sh Harin Raval, Sh. Advocate on his mobile
phone. On their query I told them that the accused had not been assaulted in our
presence.
20. After the said team of senior advocates left the complex, one doctor 6r."Sanjay from
RML Hospital was brought by the police officers for conducting medical examination
of accused Kanhaiya Kumar.
21. The medical examination of accused, as directed by Sh. Lovleen, Ld. MM, was
conducted in the Court Room No.4 as the Ld. MM had already retired to his chamber.
During the course of medical examination the Ld. Defence Counsels came back to
vacant Court Room No.3 and all the police officers were asked to remain outside the
Court Room. Sometime later, Ld. Defence Counsel Ms. Vrinda Grover and Sh.
Himanshu came to Court Room No.4. After conducting the proceedings the doctor
stated that as accused Kanhaiya Kumar is complaining of pain in chest and so X- ray
needs to be conducted which is possible only at the hospital.
22. It was at this stage, Lel. Defence Counsel Ms. Vrinda Grover came to Room No.3 and
informed me that the doctor is not recording the complete history of assault as is
being told by accused Kanhaiya Kumar.
23. The undersigned suggested Dr. Sal~ay to record whatever is being stated by accused
Kanhaiya Kumar but the doctor stated that as he has come to Patiala House Courts
Complex for carrying out medical examination and he had recorded necessary
information and if any further history of assault is to be recorded then accused should
be taken for medical examination at the hospital' where MLC will be prepared. At this,
Lel. Counsel Ms. Vrinda Grover stated that she will rather mention the said facts to the
concerned cOUli of Sh. Lovleen, Ld. MM. On hearing commotion, Ld. MM came in
the Dais and we left Court No.4 of the Ld. MM and came back to vacant Court Room
No.3.
24. The aforesaid proceedings were over by about 5:10PM, at which point Sh. Jatin
Narwai, DCP, New Delhi and other police officers present informed us that now they
will take accused to Tihar Jail and on the way they will get his X-ray conducted. At
that stage, Le!. Defence Counsels for accused Kanliaiya Kumar stated that they be also
provided necessary security along with Sh. Himanshu, Assistant Professor, JNU lest
they may be hanned. Accordingly, Sh. Jatin Narwal, DCP, New Delhi and Sh.
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undersigned along with Sh. Amar Nath, Ld. District & Sessions Judge & other
Judicial Officers were present and they enquired from us as to what had transpired
and the same \vas videographed by Sh Harin Raval, Sh. Advocate on his mobile
phone. On their query I told them that the accused had not been assaulted in our
presence.
20. After the said team of senior advocates left the complex, one doctor 6r."Sanjay from
RML Hospital was brought by the police officers for conducting medical examination
of accused Kanhaiya Kumar.
21. The medical examination of accused, as directed by Sh. Lovleen, Ld. MM, was
conducted in the Court Room No.4 as the Ld. MM had already retired to his chamber.
During the course of medical examination the Ld. Defence Counsels came back to
vacant Court Room No.3 and all the police officers were asked to remain outside the
Court Room. Sometime later, Ld. Defence Counsel Ms. Vrinda Grover and Sh.
Himanshu came to Court Room No.4. After conducting the proceedings the doctor
stated that as accused Kanhaiya Kumar is complaining of pain in chest and so X- ray
needs to be conducted which is possible only at the hospital.
22. It was at this stage, Lel. Defence Counsel Ms. Vrinda Grover came to Room No.3 and
informed me that the doctor is not recording the complete history of assault as is
being told by accused Kanhaiya Kumar.
23. The undersigned suggested Dr. Sal~ay to record whatever is being stated by accused
Kanhaiya Kumar but the doctor stated that as he has come to Patiala House Courts
Complex for carrying out medical examination and he had recorded necessary
information and if any further history of assault is to be recorded then accused should
be taken for medical examination at the hospital' where MLC will be prepared. At this,
Lel. Counsel Ms. Vrinda Grover stated that she will rather mention the said facts to the
concerned cOUli of Sh. Lovleen, Ld. MM. On hearing commotion, Ld. MM came in
the Dais and we left Court No.4 of the Ld. MM and came back to vacant Court Room
No.3.
24. The aforesaid proceedings were over by about 5:10PM, at which point Sh. Jatin
Narwai, DCP, New Delhi and other police officers present informed us that now they
will take accused to Tihar Jail and on the way they will get his X-ray conducted. At
that stage, Le!. Defence Counsels for accused Kanliaiya Kumar stated that they be also
provided necessary security along with Sh. Himanshu, Assistant Professor, JNU lest
they may be hanned. Accordingly, Sh. Jatin Narwal, DCP, New Delhi and Sh.
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Mukesh Kumar Meena, Joint Commissioner of Police were directed to make
necessary arrangements for their safe escort.
25. The accused Kanhaiya Kumar was taken outside the Comi Room in my presence and .
,
kept in the rear portion of the covered gallery inside the building at a distance of about
15' from the door. of the Court Room No. 4 and the police officers present there
informed me that they were determining how to ensure his safe escort from the Court
Complex. Thereafter, accused was taken out from the Patiala House Court Complex at
about 7 pm and then within about 10 minutes the Ld. Defence Counsels and Sh.
Himanshu were also escolied safely out of the court premises as informed by thel ,i
police officers. ~
26. The report submitted by Ld. MM to the Ld. District & Session Judge, Patiala House j
Courts, Nevi Delhi dated 17.02.2016 along with copy of order sheet dated 17.02.2016 r? '1 :~
are also enclosed for kind perusal of this Han 'ble Court.!
Subi11itt~d please,
Dated: 17.02.2016
1 . . J
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Vinod Goel ,i
Registrar General;1
High Court of Delhi J
1 J I
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;1
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Mukesh Kumar Meena, Joint Commissioner of Police were directed to make
necessary arrangements for their safe escort.
25. The accused Kanhaiya Kumar was taken outside the Comi Room in my presence and .
,
kept in the rear portion of the covered gallery inside the building at a distance of about
15' from the door. of the Court Room No. 4 and the police officers present there
informed me that they were determining how to ensure his safe escort from the Court
Complex. Thereafter, accused was taken out from the Patiala House Court Complex at
about 7 pm and then within about 10 minutes the Ld. Defence Counsels and Sh.
Himanshu were also escolied safely out of the court premises as informed by thel ,i
police officers. ~
26. The report submitted by Ld. MM to the Ld. District & Session Judge, Patiala House j
Courts, Nevi Delhi dated 17.02.2016 along with copy of order sheet dated 17.02.2016 r? '1 :~
are also enclosed for kind perusal of this Han 'ble Court.!
Subi11itt~d please,
Dated: 17.02.2016
1 . . J
~ J
Vinod Goel ,i
Registrar General;1
High Court of Delhi J
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F~ I ~ , //' Dated: 17-02-2016
/
( The Learned District & Sessions Judge, r~ew Delhi District, Patiala House Courts, New Delhi.
Sub. Report regarding the proceedings dated 17-02-2016 in FIR No. Jl0116 PS Vasant Kunj North u/s 124A/120-B/34 IPC (JNU case).
Respected Sir,
It is humbly submitted that the above said matter was taken up at
amund 3.00 p.m., after having been produced the accused Kanhaiya Kumar in
the court of undersigned. The accused Kanhaiya Kumar was represented by all
six counsel whose names were mentioned in the order passed by Hon'ble
Supreme Court of India today itself. Authorized media persons were also
present there. The investigating agency sought judicial custody of the accused
I<anhaiya Kumar for 14 days, After hearing both toe sides,the accused . '"
Kanhaiya Kumar was remanded to judicial custody till 02-03-2016.
The accused Kanhaiya Kumar stated .in the court that he was assaulted
while being produced in the court of the undersigned, Accordingly, at his o'wn
I"equest, a hand statement of Kanhaiya Kumar was taken on record, A copy of
the same was supplied to the DCP, New Delhi District for information, Ld,
Counsel for the accused I"equested that the accused Kanhaiya Kumar be got
IT1edicaily examined. Prayer was allowed and necessary directions were given.
5illce thel"e were apprehensions about the safety of the accused Kanhaiya
Kumar, directions were made to DCP, New Delhi District to ensure that the v
accused be safely transferred to judlcial custody. Proceedings were concluded,
Report is submitted please. A copy of order. sheet dated 17-02-2016 is
also annexed herewith for your kind perusal.
Thanking you. i I .
Yqurs faJ,thfully,
rf..... /V~,~ I / "'--,/ v (LOVLEEN)
MM-02/PHC, NOD 17 -02-2016
, :J
F~ I ~ , //' Dated: 17-02-2016
/
( The Learned District & Sessions Judge, r~ew Delhi District, Patiala House Courts, New Delhi.
Sub. Report regarding the proceedings dated 17-02-2016 in FIR No. Jl0116 PS Vasant Kunj North u/s 124A/120-B/34 IPC (JNU case).
Respected Sir,
It is humbly submitted that the above said matter was taken up at
amund 3.00 p.m., after having been produced the accused Kanhaiya Kumar in
the court of undersigned. The accused Kanhaiya Kumar was represented by all
six counsel whose names were mentioned in the order passed by Hon'ble
Supreme Court of India today itself. Authorized media persons were also
present there. The investigating agency sought judicial custody of the accused
I<anhaiya Kumar for 14 days, After hearing both toe sides,the accused . '"
Kanhaiya Kumar was remanded to judicial custody till 02-03-2016.
The accused Kanhaiya Kumar stated .in the court that he was assaulted
while being produced in the court of the undersigned, Accordingly, at his o'wn
I"equest, a hand statement of Kanhaiya Kumar was taken on record, A copy of
the same was supplied to the DCP, New Delhi District for information, Ld,
Counsel for the accused I"equested that the accused Kanhaiya Kumar be got
IT1edicaily examined. Prayer was allowed and necessary directions were given.
5illce thel"e were apprehensions about the safety of the accused Kanhaiya
Kumar, directions were made to DCP, New Delhi District to ensure that the v
accused be safely transferred to judlcial custody. Proceedings were concluded,
Report is submitted please. A copy of order. sheet dated 17-02-2016 is
also annexed herewith for your kind perusal.
Thanking you. i I .
Yqurs faJ,thfully,
rf..... /V~,~ I / "'--,/ v (LOVLEEN)
MM-02/PHC, NOD 17 -02-2016
, :J
FIR No. 110/16 PS Vasant Kunj North u/s 124A/120-B/34 IPC 17-02-2016
This is an application moved by Inspector Prabh~ Dayal
seeking 14 days JC remand of the accused Kanhaiya Kumar.
Present: Sh. Vikas Goswami, Ld. Substitute APP for State. 10/ Inspector Prabhu Dayal in person. Accused Kanhaiya Kumar produced from police custody and represented by Mr. Sushll Baja], Adv., Mr. Siddharth Sharma, Adv., Mr. Rishabh Sancheti, Adv" Mr. Prabhu,. Adv., Mr. Bankim, Adv. 'and Ms. Vrinda Grover, Adv .. Sil. Jatin Narwal, DCP, New Delhi District is also present.
A reply has been filed by 10 to'the application moved. on
behalf of accused u/s 91 Cr.P.C; At request bf Ld. Counsel for
accused, the said application shall be taken up for disposal on the
next da~e of hearing.
In view of the averments made in the present
application, the accused Kanhalya Kumar is remanded to judicial
custody till 02-03-2016,
At this stage, an application has been moved by accused
Kanhaiya Kum'ar seeking protection of his li~e and limb.'
Keeping in view the hostile conditions prevalent outside
the court room (as is evident from the sloganeering available inside
the court room and as also submitted by Ld. Counsel Ms. Vrinda
Grover, Adv.) and the statement given in writing by the accused
today in the court (regarding an alleged assault committed against
him just before this hearing), it is directed that DCP concerned shall
personally ensure the safety of the accused' Kanhaiya Kumar till his
transportation to the jail premises. The Jail Superintendent
concerned shall also take necessary steps in order to prevent any
harm to the life or person of the accused Kanhaiya Kumar.
Compliance report be filed by DCP concerned as well as Jail
Superintendent concerned before this court on 18-02-2016. Since
contd ..... ".2.
\\~ FIR No. 110/16 PS Vasant Kunj North u/s 124A/120-B/34 IPC 17-02-2016
This is an application moved by Inspector Prabh~ Dayal
seeking 14 days JC remand of the accused Kanhaiya Kumar.
Present: Sh. Vikas Goswami, Ld. Substitute APP for State. 10/ Inspector Prabhu Dayal in person. Accused Kanhaiya Kumar produced from police custody and represented by Mr. Sushll Baja], Adv., Mr. Siddharth Sharma, Adv., Mr. Rishabh Sancheti, Adv" Mr. Prabhu,. Adv., Mr. Bankim, Adv. 'and Ms. Vrinda Grover, Adv .. Sil. Jatin Narwal, DCP, New Delhi District is also present.
A reply has been filed by 10 to'the application moved. on
behalf of accused u/s 91 Cr.P.C; At request bf Ld. Counsel for
accused, the said application shall be taken up for disposal on the
next da~e of hearing.
In view of the averments made in the present
application, the accused Kanhalya Kumar is remanded to judicial
custody till 02-03-2016,
At this stage, an application has been moved by accused
Kanhaiya Kum'ar seeking protection of his li~e and limb.'
Keeping in view the hostile conditions prevalent outside
the court room (as is evident from the sloganeering available inside
the court room and as also submitted by Ld. Counsel Ms. Vrinda
Grover, Adv.) and the statement given in writing by the accused
today in the court (regarding an alleged assault committed against
him just before this hearing), it is directed that DCP concerned shall
personally ensure the safety of the accused' Kanhaiya Kumar till his
transportation to the jail premises. The Jail Superintendent
concerned shall also take necessary steps in order to prevent any
harm to the life or person of the accused Kanhaiya Kumar.
Compliance report be filed by DCP concerned as well as Jail
Superintendent concerned before this court on 18-02-2016. Since
contd ..... ".2.
\\~
FIR No. 110/16 PS Vasant Kunj North u/s 124A/120-B/34 IPe 17 -02-2016
2
the accused Kanhaiya I(umar has alleged that he was assaulted
outside the court room, it is directed that accused Kanhaiya Kumar
be medically examined before being taken to Tihar Jail. In view of
the apprehension of the injury to the person of the accused
Kanhaiya Kumar, it is directed that accused be medically examined
in .the court room itself.
Application stands disposed of.
Ld, Counsel for accused Ms. Vrinda Grover now submits
that DCP Jatin Narwal may not be entrusted with the task of transfer
of accused to jail premises as he has failed to ensure the safety of
accused before being produced in this court despite the categorical
directions of the Hon'ble Apex Court. I have considered the said
submissions. No other Senior Police Official is available in the court
room right now. Accordingly, it is directed that OCP Jatin Narwal shall
take all appropriate steps in order to comply w'ith the above
directions IIlade by this COUI't.
Copy dasti to Ld. Counsel for accused as also OCP Jatin
Narwal, A copy of the statement made in writing by the accused
Kanhaiya Kumar today be also supplied to the OCP Jatin Narwal for
information,
Copy of this order be also annexed with' the· custody
warrants for compliance by Jail Superintendent 'concerned.
(LOVLEEN) MM-02/PHC, New Delhi
17-02-2016
FIR No. 110/16 PS Vasant Kunj North u/s 124A/120-B/34 IPe 17 -02-2016
2
the accused Kanhaiya I(umar has alleged that he was assaulted
outside the court room, it is directed that accused Kanhaiya Kumar
be medically examined before being taken to Tihar Jail. In view of
the apprehension of the injury to the person of the accused
Kanhaiya Kumar, it is directed that accused be medically examined
in .the court room itself.
Application stands disposed of.
Ld, Counsel for accused Ms. Vrinda Grover now submits
that DCP Jatin Narwal may not be entrusted with the task of transfer
of accused to jail premises as he has failed to ensure the safety of
accused before being produced in this court despite the categorical
directions of the Hon'ble Apex Court. I have considered the said
submissions. No other Senior Police Official is available in the court
room right now. Accordingly, it is directed that OCP Jatin Narwal shall
take all appropriate steps in order to comply w'ith the above
directions IIlade by this COUI't.
Copy dasti to Ld. Counsel for accused as also OCP Jatin
Narwal, A copy of the statement made in writing by the accused
Kanhaiya Kumar today be also supplied to the OCP Jatin Narwal for
information,
Copy of this order be also annexed with' the· custody
warrants for compliance by Jail Superintendent 'concerned.
(LOVLEEN) MM-02/PHC, New Delhi
17-02-2016
, ~\ AtNNEXURbr- Pc;
Incident Report dated 1,7.02.2016,
We reached Patiala House court around 3:10PM and entered Court no 4. We
wel"e informed that Kanhaiya Kumar was abused, heckled, manhandled while
he was brought to the Court by the Lawyers. In any case we also witnessed
slogan shouting and abusive languages being used about 10 meters away
I from the Court room,
Inside Court NO.4 the accused, their lawyers, some faculty members, Police
Personnel and Court staffs were' present. In Court NO.5 which is adjacent to
Court No.4, the Ld. Registrar General of the High Court and other members
from the Delhi High Court Registry were present.
I was also informed by the Ld. Registrar General that 1 or 2 persons also
entered unauthorisedly in Court NO.5 and upon being questioned they fled
away in the melee. However both the Ld. Registrar General and the Police
personnel denied that the two unauthorized person entered court noA and or
manhandled the accused.
The team of visiting lawyers who went on the directions of the Hon'ble
Supreme Court while returning also received verba! abuses and some Illud
and pieces of broken pot were also hurled from a distance.
The accused along with their lawyers and some faculty members were waiting
in Court noA for medical examination as the doctor was called. The visiting
team left around 4:00pm
Date,: 19.02.2016 New Delhi
"~/ (Ajit Ku~ Sinha) Sr. Advocate
, ~\ AtNNEXURbr- Pc;
Incident Report dated 1,7.02.2016,
We reached Patiala House court around 3:10PM and entered Court no 4. We
wel"e informed that Kanhaiya Kumar was abused, heckled, manhandled while
he was brought to the Court by the Lawyers. In any case we also witnessed
slogan shouting and abusive languages being used about 10 meters away
I from the Court room,
Inside Court NO.4 the accused, their lawyers, some faculty members, Police
Personnel and Court staffs were' present. In Court NO.5 which is adjacent to
Court No.4, the Ld. Registrar General of the High Court and other members
from the Delhi High Court Registry were present.
I was also informed by the Ld. Registrar General that 1 or 2 persons also
entered unauthorisedly in Court NO.5 and upon being questioned they fled
away in the melee. However both the Ld. Registrar General and the Police
personnel denied that the two unauthorized person entered court noA and or
manhandled the accused.
The team of visiting lawyers who went on the directions of the Hon'ble
Supreme Court while returning also received verba! abuses and some Illud
and pieces of broken pot were also hurled from a distance.
The accused along with their lawyers and some faculty members were waiting
in Court noA for medical examination as the doctor was called. The visiting
team left around 4:00pm
Date,: 19.02.2016 New Delhi
"~/ (Ajit Ku~ Sinha) Sr. Advocate
fA 1'1"-1 fJ<iUl<fr PI D INCIDENT REPORT DATED 17/02/016 \ ~ 4
Vide FIR No. 1l0/16, u/s 124A/120B/34 IPC, dated 11.02.2016, PS
Vasant Kunj North, South District, Delhi, the accused Kanhaiya Kumar,
President of JNU Student Union was to be produced' on 17.02.2016 at
Patiala House Court NO.4 of Sh. Loveleen Singh, Ld MM, Patiala House
Courts after 2 days of PC remand. In view of the incident that occurred on
15.02.2016 in Patiala House Courts complex wherein few groups of lawyers
had suddenly indulged in incidents of violence, elaborate police
arrangements were made in and around the Court complex. A total of 04
cays (275 approx. including male & female stafD of CRPF under 03 Assistant
Commandant and 03 Inspectors, 01 cays (70 approx. male stafD of ITBP
under 01 Assistant Commandant and 01 Inspector, 03 coys & 02PL (Total
265 approx.) of CP reserve, Delhi Police were deployed. In addition to this 15
Inspector and 06 ACsP and approximately 150 police personnel from New
Delhi District were deployed under the overall supervision of the DCP New
Delhi District. Besides, 02 ACsP, 04 Inspectors and approx. 90 ot,her police
personnel under the supervision of Add!. DCP South District were
prepositioned to augment the existing arrangements made by New Delhi
District at the Patiala House Court.
2. On 17.02.2016 in morning, it was planned to produce the accused
Kanhaiya at about 5:00 PM before the Ld, MM at PaHala House due to the
prevailing law and order situation at the Court premises as well as for the
personal safety of the accused. However, in the meantime, the order of
Hon'ble Supreme Court of India was conveyed through the Ld. District
Judge, Patiala House Court to produce Kanhaiya in the Court of Ld. MM at
2:00 PM. Immediately, a posse of police personnel comprising of 40 police
personnel including an ACP and 15 plain clothes policemen escorted him
from PS Vasant Kunj North to Patiala House Court in a carcade consisting of
six vehicles to ensure the safety and personal security of the accused not
only on the way to the Court but also while being produced in the Court.
The plain cloth deployment was done so that they could act and react non
suspectingly and effectively while merging with the general background of
~he crowd. Some of the components of police personnel accompanying the
1
(MuD~N~1gen8\ Joint Commissioner of Pol:
New Delhi Range, Deiili.
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fA 1'1"-1 fJ<iUl<fr PI D INCIDENT REPORT DATED 17/02/016 \ ~ 4
Vide FIR No. 1l0/16, u/s 124A/120B/34 IPC, dated 11.02.2016, PS
Vasant Kunj North, South District, Delhi, the accused Kanhaiya Kumar,
President of JNU Student Union was to be produced' on 17.02.2016 at
Patiala House Court NO.4 of Sh. Loveleen Singh, Ld MM, Patiala House
Courts after 2 days of PC remand. In view of the incident that occurred on
15.02.2016 in Patiala House Courts complex wherein few groups of lawyers
had suddenly indulged in incidents of violence, elaborate police
arrangements were made in and around the Court complex. A total of 04
cays (275 approx. including male & female stafD of CRPF under 03 Assistant
Commandant and 03 Inspectors, 01 cays (70 approx. male stafD of ITBP
under 01 Assistant Commandant and 01 Inspector, 03 coys & 02PL (Total
265 approx.) of CP reserve, Delhi Police were deployed. In addition to this 15
Inspector and 06 ACsP and approximately 150 police personnel from New
Delhi District were deployed under the overall supervision of the DCP New
Delhi District. Besides, 02 ACsP, 04 Inspectors and approx. 90 ot,her police
personnel under the supervision of Add!. DCP South District were
prepositioned to augment the existing arrangements made by New Delhi
District at the Patiala House Court.
2. On 17.02.2016 in morning, it was planned to produce the accused
Kanhaiya at about 5:00 PM before the Ld, MM at PaHala House due to the
prevailing law and order situation at the Court premises as well as for the
personal safety of the accused. However, in the meantime, the order of
Hon'ble Supreme Court of India was conveyed through the Ld. District
Judge, Patiala House Court to produce Kanhaiya in the Court of Ld. MM at
2:00 PM. Immediately, a posse of police personnel comprising of 40 police
personnel including an ACP and 15 plain clothes policemen escorted him
from PS Vasant Kunj North to Patiala House Court in a carcade consisting of
six vehicles to ensure the safety and personal security of the accused not
only on the way to the Court but also while being produced in the Court.
The plain cloth deployment was done so that they could act and react non
suspectingly and effectively while merging with the general background of
~he crowd. Some of the components of police personnel accompanying the
1
(MuD~N~1gen8\ Joint Commissioner of Pol:
New Delhi Range, Deiili.
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/ accused also carried body protectors and the shields todeal with any kind of
eventuality,
3, While the accused was being escorted, in'formation was received to
halt the carcade for a while as some arrangements in the Court were being
made by the Registrar General of Honble High Court of Delhi as per the
. directions of Hon 'ble Supreme Court of India. The can~ade halted at C~
Hexagon for few minutes. The escorting party alongwith the accused after a
while on getting a go ahead from the Court moved towards the Court and
sensing the law and order situation in and around the Court premises, the
·police personnel escorting him in plain clothes formed a close inner ring
which was further augmented by an outer ring consisting of uniformed
police personnel to ensure safety and security of the·accused.
4. The accused Kanhaiya Kumar was brought by a team of Police officers
from South District and with the assistance of New Delhi District police was
escorted inside the Court Complex through the shortest possible route, A
group of lawyers which had already assembled inside the CQurt complex in.:",.
various such groups emerged and tried to assault the accused from differ~nt
--~~--~--~~~--~~~~~
si~ The ring round team & the police men deployed on the route
surrounded him from all sides and gave body protection and thwarted
I repeated attempts to manhandle the accused. Lot of commotion followed but
he was escorted safely to the Court Room by the policemen despite some
hiccups. Later, the accused Kanhaiya Kumar alleged that he was attacked
by lawyers and a group of goons and bashed him up, tore his clothes and
--~---'.
~
abused him and damaged his slippers and jacket, and plucked his hair. This
happened in the presence of police. The policemen were also beaten up
during this period. The accused submitted a written application alleging as
abo;.After the Court proceedings, t~e accused was medically examined ~n
the Court Room itself by the doctor of RML Hospital and the MLC was
prepared in the court itself. The MLC reflects examination c/o chest pain
and cough indicating BP 110/70, pulse 92/minute, CNS-conscious oriented
sitting comfortably on chair, normal vasicular breath, P / A - soft non tender.
The local examination indicates tenderness at right toe, two abrasions at left
foot and one abrasion at nose which might have occurred while bringing him
and outside the court. The MLC clearly shows that he had minor abrasions
2
'.
'oil •• , .••
/ accused also carried body protectors and the shields todeal with any kind of
eventuality,
3, While the accused was being escorted, in'formation was received to
halt the carcade for a while as some arrangements in the Court were being
made by the Registrar General of Honble High Court of Delhi as per the
. directions of Hon 'ble Supreme Court of India. The can~ade halted at C~
Hexagon for few minutes. The escorting party alongwith the accused after a
while on getting a go ahead from the Court moved towards the Court and
sensing the law and order situation in and around the Court premises, the
·police personnel escorting him in plain clothes formed a close inner ring
which was further augmented by an outer ring consisting of uniformed
police personnel to ensure safety and security of the·accused.
4. The accused Kanhaiya Kumar was brought by a team of Police officers
from South District and with the assistance of New Delhi District police was
escorted inside the Court Complex through the shortest possible route, A
group of lawyers which had already assembled inside the CQurt complex in.:",.
various such groups emerged and tried to assault the accused from differ~nt
--~~--~--~~~--~~~~~
si~ The ring round team & the police men deployed on the route
surrounded him from all sides and gave body protection and thwarted
I repeated attempts to manhandle the accused. Lot of commotion followed but
he was escorted safely to the Court Room by the policemen despite some
hiccups. Later, the accused Kanhaiya Kumar alleged that he was attacked
by lawyers and a group of goons and bashed him up, tore his clothes and
--~---'.
~
abused him and damaged his slippers and jacket, and plucked his hair. This
happened in the presence of police. The policemen were also beaten up
during this period. The accused submitted a written application alleging as
abo;.After the Court proceedings, t~e accused was medically examined ~n
the Court Room itself by the doctor of RML Hospital and the MLC was
prepared in the court itself. The MLC reflects examination c/o chest pain
and cough indicating BP 110/70, pulse 92/minute, CNS-conscious oriented
sitting comfortably on chair, normal vasicular breath, P / A - soft non tender.
The local examination indicates tenderness at right toe, two abrasions at left
foot and one abrasion at nose which might have occurred while bringing him
and outside the court. The MLC clearly shows that he had minor abrasions
2
'.
/ / \~~J /' 'n foot and toe and on the nose. It was~so_ found that one of the lawyers of ~
t~ccused was trying to dictate and influence the doctor. ~
that policemen have thrown a protective ring, surrounding and escorting
him to the chamber of Ld MM. It is also a fact that in the commotion;' he
tripped and his slippers slipped out of his foot leading to his imbalance
which might have resulted in the abrasions on his foot. .
6. While Kanhaiya Kumar was being brought to the Court No.4 from the
alighting point escorted by the Police Team (both in plain-clothes and in
uniform), some .other people taking advantage of the prevailing confusion
and commotion merged with the escort party to court No.4. The DCP New
Delhi District prevented everybody from entering the court No. 4 and
directed that people entering the court no. 4 have to be identified as per the
Hon)ble Supreme Court order. Then Kanhaiya Kumar along with the escort
party entered Court No.5 for identification by Hon'ble Registrar General.
Immediately the lawyers of Kanhaiya Kumar ran from court No. 4 to Court
No.5 and the whole court room was full of people resulting in momentary
confusion. ~hy Registrar General, court officials and lawyers as well as
the faculty member of JNU were enquiring about the well being of Kanhaiya
Kumar. Meanwhile, all those unidentified people including police personnel
in plain clothes were directed to move out to de-congest and bring order in
the court room No. 5 so that w~ Registrar General could ensure
certification of the people who were permitted to enter the trial court room
No.4. The DCP New Delhi District personally stood at door of Court Room
No.4 to ensure that no uncertified person entered the trial court room. The
small gallery between court room No.4 and 5 was got de-congested so that
no uncertified person (may he be a journalist, lawyer, member of the public ,
or even a policeman) entered court No.4 and so that Ld. Court officials and
Kanhaiya Kumar can enter court No. 4 without any problem. In the
meantime, Kanhaiya Kumar tolq Hon'ble Registrar General that he had seen
some persons who had attacked him entering the same chamber where he
was present. Hon'ble Registrar General and the lawyers of Kanhaiya Kumar
alerted the police and the police officials present inside court No.5 and the
gallery immediately started searching for the two persons about whom the
3
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t~ccused was trying to dictate and influence the doctor. ~
that policemen have thrown a protective ring, surrounding and escorting
him to the chamber of Ld MM. It is also a fact that in the commotion;' he
tripped and his slippers slipped out of his foot leading to his imbalance
which might have resulted in the abrasions on his foot. .
6. While Kanhaiya Kumar was being brought to the Court No.4 from the
alighting point escorted by the Police Team (both in plain-clothes and in
uniform), some .other people taking advantage of the prevailing confusion
and commotion merged with the escort party to court No.4. The DCP New
Delhi District prevented everybody from entering the court No. 4 and
directed that people entering the court no. 4 have to be identified as per the
Hon)ble Supreme Court order. Then Kanhaiya Kumar along with the escort
party entered Court No.5 for identification by Hon'ble Registrar General.
Immediately the lawyers of Kanhaiya Kumar ran from court No. 4 to Court
No.5 and the whole court room was full of people resulting in momentary
confusion. ~hy Registrar General, court officials and lawyers as well as
the faculty member of JNU were enquiring about the well being of Kanhaiya
Kumar. Meanwhile, all those unidentified people including police personnel
in plain clothes were directed to move out to de-congest and bring order in
the court room No. 5 so that w~ Registrar General could ensure
certification of the people who were permitted to enter the trial court room
No.4. The DCP New Delhi District personally stood at door of Court Room
No.4 to ensure that no uncertified person entered the trial court room. The
small gallery between court room No.4 and 5 was got de-congested so that
no uncertified person (may he be a journalist, lawyer, member of the public ,
or even a policeman) entered court No.4 and so that Ld. Court officials and
Kanhaiya Kumar can enter court No. 4 without any problem. In the
meantime, Kanhaiya Kumar tolq Hon'ble Registrar General that he had seen
some persons who had attacked him entering the same chamber where he
was present. Hon'ble Registrar General and the lawyers of Kanhaiya Kumar
alerted the police and the police officials present inside court No.5 and the
gallery immediately started searching for the two persons about whom the
3
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. /- \~ , rOliCe was alerted. A proper search was launched to nab these fellows but
~/ by then, they had disappeared into the mob outside the court
office/chamber. The lawyers of Kanhaiya Kumar started shouting and
nl
V blaming the police officials including the DCP New Delhi District that they
were hand in glove with the attackers and had helped the attackers escape.
However, this is not' correct as the police officials had got Court Room No.5 .
and the gallery between both the court rooms de-congested and ensured
that court room No.4 \-vas free from any uncertified person. As soon as the
police got to know that two persons who had allegedly attacked Kanhaiya
Kumar were the ones who had come to court No.5, police launched search
for t~em but they had disappeared by then. There was no manhandling,
beating or any kind of such incident with Kanhaiya Kumar within the court
building and inside the court room on 17.02.2016 after he was brought to
the court and until safely escorted to Tihar Jail.
7. During this attempted assault by the group of lawyers, 10 policemen
I
have also been injured.
8. Pursuant to the directions of the Hon'ble Supreme Court, it was
ensured that only authorized lawyers and media persons were allowed in the
trial court room without the mobile phones.
9. Subsequent to the ensuing melee, few projectiles were also hurled
towards different groups and on the visiting lawyers who had come on the
direction of the Hon'ble Supreme Court. This was coupled with liberal
dosage of abusive language.
10. After the court proceedings were over, accused Kanhaiya Kumar was
safely escorted to the Tihar Jail in compliance of the Hon'ble Court's order
and has been provided a separate cell by the Jail authorities after taking all
security parameters into considerations.
11. It is pertinent to mention here that on 15.02.2016, JNU Student's -
Union President Mr. Kanhaiya! Kumar was to be produced in the Hon'ble
. Court of Sh. Loveleen Singh, Court No.4, PaHala House Courts, New Delhi.
Around 1400 hrs, a group of lawyers objected to the presence of few JNU
lady teachers inside the Court room. Argument took place between the
. lawyers and the lady teachers. The police immediately intervened and
4
f :~
'
I: , 'j. , , , i 1
1
,
j !j .
• i 1 !
. /- \~ , rOliCe was alerted. A proper search was launched to nab these fellows but
~/ by then, they had disappeared into the mob outside the court
office/chamber. The lawyers of Kanhaiya Kumar started shouting and
nl
V blaming the police officials including the DCP New Delhi District that they
were hand in glove with the attackers and had helped the attackers escape.
However, this is not' correct as the police officials had got Court Room No.5 .
and the gallery between both the court rooms de-congested and ensured
that court room No.4 \-vas free from any uncertified person. As soon as the
police got to know that two persons who had allegedly attacked Kanhaiya
Kumar were the ones who had come to court No.5, police launched search
for t~em but they had disappeared by then. There was no manhandling,
beating or any kind of such incident with Kanhaiya Kumar within the court
building and inside the court room on 17.02.2016 after he was brought to
the court and until safely escorted to Tihar Jail.
7. During this attempted assault by the group of lawyers, 10 policemen
I
have also been injured.
8. Pursuant to the directions of the Hon'ble Supreme Court, it was
ensured that only authorized lawyers and media persons were allowed in the
trial court room without the mobile phones.
9. Subsequent to the ensuing melee, few projectiles were also hurled
towards different groups and on the visiting lawyers who had come on the
direction of the Hon'ble Supreme Court. This was coupled with liberal
dosage of abusive language.
10. After the court proceedings were over, accused Kanhaiya Kumar was
safely escorted to the Tihar Jail in compliance of the Hon'ble Court's order
and has been provided a separate cell by the Jail authorities after taking all
security parameters into considerations.
11. It is pertinent to mention here that on 15.02.2016, JNU Student's -
Union President Mr. Kanhaiya! Kumar was to be produced in the Hon'ble
. Court of Sh. Loveleen Singh, Court No.4, PaHala House Courts, New Delhi.
Around 1400 hrs, a group of lawyers objected to the presence of few JNU
lady teachers inside the Court room. Argument took place between the
. lawyers and the lady teachers. The police immediately intervened and
4
f :~
'
I: , 'j. , , , i 1
1
,
j !j .
• i 1 !
\d;6 separated the two groups and the lady teachers were safely escqrted out of
"
the Court room and the Court premises. Immediately, thereafter multiple
groups of lawyers at different places on the .Cotlrt premises started raising
slogans, scuffled with some persons who were taking video
graphs/photographs (including the media persons) and pushed them
around. Many of those who were targeted by the lawyers were media
persons, who were also present in large number not just inside the Court
premises but also outside gate No.2. The police prevented escalation of
violence between lawyers and other groups by separating them and by
closing the main gate. Subsequently, the .lawyers assembled and started
sloganeering claiming that they will handle Mr. Kanhaiya:;I(umar in their
own way and wouldn't tolerate any anti-India slogans. Further even outside
the Court gate No.2, two groups who were raising counter slogans got into a
brawl amongst themselves. In this background of prevailing hostile
environment the SHO PS Vasant Kunj North requested the Hon'ble District
Judge to shift the venue of the appearance of accused Kanhiaya Kumar.
Considering the application moved, Hon'ble District Judge was pleased to
shift the venue and court proceedings were held on 15/2/16 at DCP office
complex, Huaz Khas. It was also observed that shifting of venue did lead to
annoyance of certain sections.
12. Considering the surcharged atmosphere in the last few days and the
unpredictable behaviou'r ol'th'e lawyers) a series 01 meetings were held by,
police with the representativesq.ftne local Bar A~~ociation and it was \
'
assured by the Bar that they VJi1l,h~JR.th,y'".P9U~~jn,D;laintaining orderliness .' .. , ., ..
in the court. Past experiences as those witnessed in Delhi in early 1980's &
Jaipur, Chennai, Allahabad etc. have clearly shown that the police has
always beer. at the receiving eI.ld and has b~en castigated for either. " "" . ".>.';l' .~'\' ... : .'.1\'11
er:cessive use of force or for not exercising enough restraint in the tackling
lav.ryers in the court prerp~9~s. It has also been, seen,' that mostly the
:lnn~cent lavvyers face the flip,side of any action and the unruly ones manage
o go scot free. Hence the police personnel deployed in the court premises
were asked to_exerG,is,~.-",J',~~train till the situation warranted retributive
action. That lawyers who are supposed to act as pillars of democracy and
defend human rights could resort to reprehensible activity like physical
\d;6 separated the two groups and the lady teachers were safely escqrted out of
"
the Court room and the Court premises. Immediately, thereafter multiple
groups of lawyers at different places on the .Cotlrt premises started raising
slogans, scuffled with some persons who were taking video
graphs/photographs (including the media persons) and pushed them
around. Many of those who were targeted by the lawyers were media
persons, who were also present in large number not just inside the Court
premises but also outside gate No.2. The police prevented escalation of
violence between lawyers and other groups by separating them and by
closing the main gate. Subsequently, the .lawyers assembled and started
sloganeering claiming that they will handle Mr. Kanhaiya:;I(umar in their
own way and wouldn't tolerate any anti-India slogans. Further even outside
the Court gate No.2, two groups who were raising counter slogans got into a
brawl amongst themselves. In this background of prevailing hostile
environment the SHO PS Vasant Kunj North requested the Hon'ble District
Judge to shift the venue of the appearance of accused Kanhiaya Kumar.
Considering the application moved, Hon'ble District Judge was pleased to
shift the venue and court proceedings were held on 15/2/16 at DCP office
complex, Huaz Khas. It was also observed that shifting of venue did lead to
annoyance of certain sections.
12. Considering the surcharged atmosphere in the last few days and the
unpredictable behaviou'r ol'th'e lawyers) a series 01 meetings were held by,
police with the representativesq.ftne local Bar A~~ociation and it was \
'
assured by the Bar that they VJi1l,h~JR.th,y'".P9U~~jn,D;laintaining orderliness .' .. , ., ..
in the court. Past experiences as those witnessed in Delhi in early 1980's &
Jaipur, Chennai, Allahabad etc. have clearly shown that the police has
always beer. at the receiving eI.ld and has b~en castigated for either. " "" . ".>.';l' .~'\' ... : .'.1\'11
er:cessive use of force or for not exercising enough restraint in the tackling
lav.ryers in the court prerp~9~s. It has also been, seen,' that mostly the
:lnn~cent lavvyers face the flip,side of any action and the unruly ones manage
o go scot free. Hence the police personnel deployed in the court premises
were asked to_exerG,is,~.-",J',~~train till the situation warranted retributive
action. That lawyers who are supposed to act as pillars of democracy and
defend human rights could resort to reprehensible activity like physical
iJ
/ \~~
.~:~ault, blocking of the gates, targeting the media persaps, chasing the
/' /' students etc. could not be visualised in normal cognition.
13. The prescribed measures of crowd dispersal which 'include use of tear
. gas, water cannon and lathi charge in open space which. gives crowd the
option to disperse and retreat, could not have been resorted to at the scene
of action of 17.02.2016 i.e. Patiala House Court complex which comprises of
various structural buildings, vehicle parking space which is full of vehicles
on working days and other structures like lawyers chambers which make it
a very congested area. Therefore, any use of lathi charge or tear gas would
have made the crowd to retreat to closed spaces and would have increased
the probability of a stampede endangering human lives. Further functioning I
of the entire court premises would have been jeopardis·ed because of tear gas
sneaking into the court rooms. Hence-a conscious decision was taken to ·go
in for minimum collateral damage as any such prescribed crowd dispersal
measures would have led to unnecessary confrontation impacting the
judicial officers, innocent laV1.ryers, litigants, journalists and other innocent
by standers.
14. After the Hon'ble High Court was seized of the matter suo-motto, it··
was also presumed that semblance of self discipline would prevail in the
lawyers community cutting across the lines, but unfortunately it was not
perceived so on the ground.
15. The Patiala House Courts is a huge complex with 08 gates. All the
persons (except the ones in lawyers' attire) entering the Court premises are
frisked and checked but black coat entry by anyone not connected with
profession, cannot be ruled out. Also the complex approximately houses 36
numbers of courts, wherein lots of litigants enter the premises without
showing any identity.
16. LEGAL ACTION BY POLICE: - Two separate FIRs were __ .. _._ ................ , .. -.'_.".",.1'.·_" ...... 1 ~"~""""~"""" '.W ~, ... , )" ...... ~",... ........ -<,~-~ .............. ,.,'
registered suo-mota after the ensuing brawls on 15.02.2016 vide FIR No.
69/16, u/s 147/149/427/323 IPC, PS- Tilak Marg & FIR No. 70/16, u/s
6
iJ
/ \~~
.~:~ault, blocking of the gates, targeting the media persaps, chasing the
/' /' students etc. could not be visualised in normal cognition.
13. The prescribed measures of crowd dispersal which 'include use of tear
. gas, water cannon and lathi charge in open space which. gives crowd the
option to disperse and retreat, could not have been resorted to at the scene
of action of 17.02.2016 i.e. Patiala House Court complex which comprises of
various structural buildings, vehicle parking space which is full of vehicles
on working days and other structures like lawyers chambers which make it
a very congested area. Therefore, any use of lathi charge or tear gas would
have made the crowd to retreat to closed spaces and would have increased
the probability of a stampede endangering human lives. Further functioning I
of the entire court premises would have been jeopardis·ed because of tear gas
sneaking into the court rooms. Hence-a conscious decision was taken to ·go
in for minimum collateral damage as any such prescribed crowd dispersal
measures would have led to unnecessary confrontation impacting the
judicial officers, innocent laV1.ryers, litigants, journalists and other innocent
by standers.
14. After the Hon'ble High Court was seized of the matter suo-motto, it··
was also presumed that semblance of self discipline would prevail in the
lawyers community cutting across the lines, but unfortunately it was not
perceived so on the ground.
15. The Patiala House Courts is a huge complex with 08 gates. All the
persons (except the ones in lawyers' attire) entering the Court premises are
frisked and checked but black coat entry by anyone not connected with
profession, cannot be ruled out. Also the complex approximately houses 36
numbers of courts, wherein lots of litigants enter the premises without
showing any identity.
16. LEGAL ACTION BY POLICE: - Two separate FIRs were __ .. _._ ................ , .. -.'_.".",.1'.·_" ...... 1 ~"~""""~"""" '.W ~, ... , )" ...... ~",... ........ -<,~-~ .............. ,.,'
registered suo-mota after the ensuing brawls on 15.02.2016 vide FIR No.
69/16, u/s 147/149/427/323 IPC, PS- Tilak Marg & FIR No. 70/16, u/s
6
147/149/323/341 IPC, PS- Tilak Marg. Further two cases have been
registered on the incidents of 17.02.2016. FIR No. 75/16, u/ s 394 IPC, PS
Tilak Marg has been registered on the complaint of one Rajeev Verma rio
Sonepat, Haryana and FIR No. 76/16, u/s 147/149/427/323/341/
186/332/353 IPC, PS- Tilak Marg has been registered suo-moto. On
15.02.2016, 06 MLCs were prepared of public men. However, on
17.02.2016, 02 MLCs were prepared of public while 10 MLCs of injured
policemen were prepared. The cases are under investigation.
Submitted please.
7
~ 61\\ ~"-r\
\g-'2-~20\ 6 (MUKESH KUMAR MEENA) IPS
JOINT COMMISSIONER OF POLICE NEW DEL~I RANGE, NEW 'DELHI
(Mukesh Kumar Meena) Joint Commissioner of Police
New Deihl Range, Delhi.
. I
147/149/323/341 IPC, PS- Tilak Marg. Further two cases have been
registered on the incidents of 17.02.2016. FIR No. 75/16, u/ s 394 IPC, PS
Tilak Marg has been registered on the complaint of one Rajeev Verma rio
Sonepat, Haryana and FIR No. 76/16, u/s 147/149/427/323/341/
186/332/353 IPC, PS- Tilak Marg has been registered suo-moto. On
15.02.2016, 06 MLCs were prepared of public men. However, on
17.02.2016, 02 MLCs were prepared of public while 10 MLCs of injured
policemen were prepared. The cases are under investigation.
Submitted please.
7
~ 61\\ ~"-r\
\g-'2-~20\ 6 (MUKESH KUMAR MEENA) IPS
JOINT COMMISSIONER OF POLICE NEW DEL~I RANGE, NEW 'DELHI
(Mukesh Kumar Meena) Joint Commissioner of Police
New Deihl Range, Delhi.
. I
IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION '
VVRIT PETITION (CRL) NO. 25 OF 2016
IN THE MATTER OF:
N. D JAYAPRAKASH
Versus
UNION OF INDIA & ANR.
AFFIDAVIT
Petitioner
Respondents
I, Mukesh Kumar Meena, Joint Commissioner of Police, New Delhi Range, Delhi Police Headquarters, New Delhi, do hereby solemnly state and affirm as under:-
1. That I am working as Joint Commissioner of Police, New Delhi Range and have been ..... I.~.,...'"' 6;;-"-- ., 'II ~I-l 1
~<;>(\(~~~:!!~. r. authorized to file this affidavit in support' of ,) \ir ." ~.. ~lt'l, /1.. "',' ) '.',
nfi)v N i~'~ ~"~ Status Report/ incident Report dated 17.02.2016. ::; 't t:7 -3 Z ';t 13 ~ ~ ~ ~ ~ 2) 2. That the Status Report ~?s been prepared on the
~~ !~ N ; ~ ~ S. basis of record available In my office and the \ ' 1-4 t::t' .... ' J ,'v 0'1 o.;rQ ~ 0 ,..,
, '::,,:' \. ~3~ f r.J,~~~ contents thereof are true and correct to the best "';"I~V' of my knowledge based on the record of the case,
",,' (J:::;-" f\ 6h\~ ~ i:iv ~.~----~(~
) '" \~ f~ 'ID I,.,;
\) ,.r; ,-j ,..... \J
·c QJ ((.:, ,. £: "'~b C :; C '\) 'Ii - (~. _,t. ..
VERIFICATION:-(MJI(~~QtJm~~e(~n;,! )
Joint Commissioner of PC,!,' New Delhi Range, Deihi.
I the above named deponent do hereby verify that the
IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION '
VVRIT PETITION (CRL) NO. 25 OF 2016
IN THE MATTER OF:
N. D JAYAPRAKASH
Versus
UNION OF INDIA & ANR.
AFFIDAVIT
Petitioner
Respondents
I, Mukesh Kumar Meena, Joint Commissioner of Police, New Delhi Range, Delhi Police Headquarters, New Delhi, do hereby solemnly state and affirm as under:-
1. That I am working as Joint Commissioner of Police, New Delhi Range and have been ..... I.~.,...'"' 6;;-"-- ., 'II ~I-l 1
~<;>(\(~~~:!!~. r. authorized to file this affidavit in support' of ,) \ir ." ~.. ~lt'l, /1.. "',' ) '.',
nfi)v N i~'~ ~"~ Status Report/ incident Report dated 17.02.2016. ::; 't t:7 -3 Z ';t 13 ~ ~ ~ ~ ~ 2) 2. That the Status Report ~?s been prepared on the
~~ !~ N ; ~ ~ S. basis of record available In my office and the \ ' 1-4 t::t' .... ' J ,'v 0'1 o.;rQ ~ 0 ,..,
, '::,,:' \. ~3~ f r.J,~~~ contents thereof are true and correct to the best "';"I~V' of my knowledge based on the record of the case,
",,' (J:::;-" f\ 6h\~ ~ i:iv ~.~----~(~
) '" \~ f~ 'ID I,.,;
\) ,.r; ,-j ,..... \J
·c QJ ((.:, ,. £: "'~b C :; C '\) 'Ii - (~. _,t. ..
VERIFICATION:-(MJI(~~QtJm~~e(~n;,! )
Joint Commissioner of PC,!,' New Delhi Range, Deihi.
I the above named deponent do hereby verify that the
I\lationai Human Rights Commission
New Delhi, India
\~O A NNc'1CuR£ ~ P J)
NHRC Team visits Central Prison, Tihar to inquire into important issues pertaining to Shri Kanhaiya Kumar; inquiry report forwarded to Commission of Police, Delhi and Director General of Prisons, Tihar Jail for comments (19.02.'20~6)
New Delhi, 19th February, 2016
On 16.02.2016, the Commission took suo motu cognizance of the newspaper report published in Hindu newspaper dated 13.02.2016 captioned as ItGovt. acts tough, JNU student leader charged with sedition". It, was reported that the President of JNUSU was arrested on the charges of sedition after allegedly raising anti-India slogans. The Commission issued notice to the Home Secretary, Govt. of India, Chief Secretary, NCT of Delhi, Comlnissioner of Police, Delhi and the Registrar, Jawaharlal Nehru University.
On 18th February, 2016, the Acting Chairperson, NHRC directed that a team comprising Sh. C. K. Chaturvedi, Registrar (Law) and Sh. S. K. Jain, SSP (Investigation) may visit Central Prison, Tihar and inquire into the following important issues pertaining to Sh. Kanhaiya Kumar:
1. To assess arrangements made and measures taken to ensure safety and security of Sh. Kanhaiya Kumar in the prison and to ascertain the apprehensions, if any, in the mind of Sh. Kanhaiya Kumar with regard to his safety and security.
II. To ascertain the treatment meted out to Sh. Kanhaiya KUlnar by the police and prison authorities while in custody.
III. To ascertain whether the statement released to the press by the Comlnissioner of Police, Delhi in the name of Sh. Kanhaiya Kumar was made by Sh. Kanhaiya Kumar voluntarily
and without any extraneous influence.
The NHRC tearn has submitted a report dated 19.02.2016 with
the following findings:
i. The Central Prison, Tihar has made special arrangements to ensure safety and security of Sh. Kanhaiya Kumar inside the prison. He has been kept in an independent and separate cell. Dedicated security staff has been deployed to ensure his safety and security round the clock. Several security instructions have
I\lationai Human Rights Commission
New Delhi, India
\~O A NNc'1CuR£ ~ P J)
NHRC Team visits Central Prison, Tihar to inquire into important issues pertaining to Shri Kanhaiya Kumar; inquiry report forwarded to Commission of Police, Delhi and Director General of Prisons, Tihar Jail for comments (19.02.'20~6)
New Delhi, 19th February, 2016
On 16.02.2016, the Commission took suo motu cognizance of the newspaper report published in Hindu newspaper dated 13.02.2016 captioned as ItGovt. acts tough, JNU student leader charged with sedition". It, was reported that the President of JNUSU was arrested on the charges of sedition after allegedly raising anti-India slogans. The Commission issued notice to the Home Secretary, Govt. of India, Chief Secretary, NCT of Delhi, Comlnissioner of Police, Delhi and the Registrar, Jawaharlal Nehru University.
On 18th February, 2016, the Acting Chairperson, NHRC directed that a team comprising Sh. C. K. Chaturvedi, Registrar (Law) and Sh. S. K. Jain, SSP (Investigation) may visit Central Prison, Tihar and inquire into the following important issues pertaining to Sh. Kanhaiya Kumar:
1. To assess arrangements made and measures taken to ensure safety and security of Sh. Kanhaiya Kumar in the prison and to ascertain the apprehensions, if any, in the mind of Sh. Kanhaiya Kumar with regard to his safety and security.
II. To ascertain the treatment meted out to Sh. Kanhaiya KUlnar by the police and prison authorities while in custody.
III. To ascertain whether the statement released to the press by the Comlnissioner of Police, Delhi in the name of Sh. Kanhaiya Kumar was made by Sh. Kanhaiya Kumar voluntarily
and without any extraneous influence.
The NHRC tearn has submitted a report dated 19.02.2016 with
the following findings:
i. The Central Prison, Tihar has made special arrangements to ensure safety and security of Sh. Kanhaiya Kumar inside the prison. He has been kept in an independent and separate cell. Dedicated security staff has been deployed to ensure his safety and security round the clock. Several security instructions have
been issued by the prison authorities in this regard. He has no complaints against prison official.
11. According to Sh. Kanhaiya Kumar, he was arrested without any valid reason and without disclosing to him even grounds of arrest. He had not committed any offences as now alleged. However, this aspect is under investigation by the police.
111. Sh. Kanhaiya Kumar did not complain of any physical assault by the police while in custody. However, he was subjected to psychological pressure during interrogation.
IV. The statement which was issued by the police as an appeal on behalf of Sh. Kanhaiya Kumar was not written by him voluntarily. The content, construction and framework of the statement were as dictated by the police.
v. Sh. Kanhaiya Kumar was abused and physically assaulted by some persons dressed as advocates in the Patiala House court premises on 17.02.2016. He was· even physically assaulted inside the adjoining court room in the presence of police who did not do anything to prevent the assault or apprehend the attackers even though they were identified by Sh. Kanhaiya Kumar then and there.
VI. The physical assault on Sh. Kumar in the court premises appears to be organized and pre- planned.
VII. What happened in the Patiala House Court Complex on 17.02.2016 was a major security lapse on the part of the police. There was serious dereliction of duty on the part of the police.
viii. Going by the sequenc'e of events, the safety and security of Sh. Kanhaiya and his family members is a serious cause of
concern.
A copy of the inquiry report submitted by the NHRC team has been forwarded to the Commisioner of Police, Delhi and the Director General of Prisons, Tihar Jail for their comments, to be received by the Commission, on or before 26.02.2016.
Note: For further details kindly contact National Human Rights Commission, Manav Adhikar Bhawan Block-C, GPO Complex,
INA, New Delhi - 110023
Tel.No. 24651330 Fax No. 24651329 E-Mail:
covdnhrc[ at]nic[ dot]in, ionhrc[ at]nic[ dot]in
been issued by the prison authorities in this regard. He has no complaints against prison official.
11. According to Sh. Kanhaiya Kumar, he was arrested without any valid reason and without disclosing to him even grounds of arrest. He had not committed any offences as now alleged. However, this aspect is under investigation by the police.
111. Sh. Kanhaiya Kumar did not complain of any physical assault by the police while in custody. However, he was subjected to psychological pressure during interrogation.
IV. The statement which was issued by the police as an appeal on behalf of Sh. Kanhaiya Kumar was not written by him voluntarily. The content, construction and framework of the statement were as dictated by the police.
v. Sh. Kanhaiya Kumar was abused and physically assaulted by some persons dressed as advocates in the Patiala House court premises on 17.02.2016. He was· even physically assaulted inside the adjoining court room in the presence of police who did not do anything to prevent the assault or apprehend the attackers even though they were identified by Sh. Kanhaiya Kumar then and there.
VI. The physical assault on Sh. Kumar in the court premises appears to be organized and pre- planned.
VII. What happened in the Patiala House Court Complex on 17.02.2016 was a major security lapse on the part of the police. There was serious dereliction of duty on the part of the police.
viii. Going by the sequenc'e of events, the safety and security of Sh. Kanhaiya and his family members is a serious cause of
concern.
A copy of the inquiry report submitted by the NHRC team has been forwarded to the Commisioner of Police, Delhi and the Director General of Prisons, Tihar Jail for their comments, to be received by the Commission, on or before 26.02.2016.
Note: For further details kindly contact National Human Rights Commission, Manav Adhikar Bhawan Block-C, GPO Complex,
INA, New Delhi - 110023
Tel.No. 24651330 Fax No. 24651329 E-Mail:
covdnhrc[ at]nic[ dot]in, ionhrc[ at]nic[ dot]in
,;"',
1 Himasnhu am an Associate Professor at Centre for Economic Studies and Planning, Jawaharlal Nehru University (JNU) .
I learnt from Kanhaiya's lawyers that one faculty member and one student have been permitted by e Hon'ble Supreme Court to attend the remand proceedings on 17th February at 2plll at Patiala House, in l<anhaiya l<umar's case, who is a student of JNU and President of jNUSU,
I was asked by my· fellow teachers to attend the court hearing as a faculty member of JNU as we feel responsible for the welfare of our students, Kanhaiya's family is not here, and thei'efore we felt responsible to be present in Court as guardians,
I went along with the six defence lawyers of Kanhaiya Kumar's legal team, whose names are mentioned in the Order of the Hon'ble Supreme Court of India· dt. 17th February, to Patiala House, Here the atmosphere was very tense and hostile,.: Despite the presence of a large number of policemen many lawyers were raising slogans of Bharat Mata ki jai, anti jNU slogans and threats to anyone they perceived as anti national. The atmosphere was very threatening and intimidating. We I'eached the Court room no.4 of Shri Loveleen Metropolitan Magistrate at about l.4Spm.
After about 10 minutes all the six defence lawyers and myself were asked to go to Court room No.3, located across the aisle, opposite Court ro~m No.4.
Here in the presence of the Hon'ble Registrar General of the Delhi High Court and two JudiCial Officers of Patiaia House Court, the DCP checked the identity cards of all the 6 defence lavvyers. All the Icl\,vyers were directed to deposit their mobile phones, The six defence lavvyers were then taken to the Court No.4" J was asked to wait in COLIrt no.3 with e three judicial officers,
1 was wid by the Judicial Officers that I will only be allowed to enter Court room No. 41 if there are no family members of Kanhaiya presenc and if he identifies and permits me to come. I was asked to produce my identity card and J was asked to surrender my phone to the court officers.
Thereafter, the i'oom suddenly opened and about 10-12 policemen alongwith Kanhaiya and ano person entered the room. This person, jumped on l<anhaiya and hit him. Seeing this, I rushed towards Kanhaiya and hugged him so as to protect, l<anhaiY2. The person who hit Kanhaiya, after assaulting him, tripped and was at the corner of the room away from the door. Kanhaiya pointed to his assailant, and screamed that he was the one who has been hitting him, inside and outside the court premises. I was baffled and immediately drew attention of all the Judicial Officers and the police officers present, and started shouting "Arrest Him, Arrest that man."
In the meanwhile, the three Judicial officers pointed at me and asked Kanhaiya jf he could recognize me. Kanhaiya immediately replied that he recognized me. I was permitted to speak 'vvith him. I continued to point towards Kanhaiya's
\
\
,;"',
1 Himasnhu am an Associate Professor at Centre for Economic Studies and Planning, Jawaharlal Nehru University (JNU) .
I learnt from Kanhaiya's lawyers that one faculty member and one student have been permitted by e Hon'ble Supreme Court to attend the remand proceedings on 17th February at 2plll at Patiala House, in l<anhaiya l<umar's case, who is a student of JNU and President of jNUSU,
I was asked by my· fellow teachers to attend the court hearing as a faculty member of JNU as we feel responsible for the welfare of our students, Kanhaiya's family is not here, and thei'efore we felt responsible to be present in Court as guardians,
I went along with the six defence lawyers of Kanhaiya Kumar's legal team, whose names are mentioned in the Order of the Hon'ble Supreme Court of India· dt. 17th February, to Patiala House, Here the atmosphere was very tense and hostile,.: Despite the presence of a large number of policemen many lawyers were raising slogans of Bharat Mata ki jai, anti jNU slogans and threats to anyone they perceived as anti national. The atmosphere was very threatening and intimidating. We I'eached the Court room no.4 of Shri Loveleen Metropolitan Magistrate at about l.4Spm.
After about 10 minutes all the six defence lawyers and myself were asked to go to Court room No.3, located across the aisle, opposite Court ro~m No.4.
Here in the presence of the Hon'ble Registrar General of the Delhi High Court and two JudiCial Officers of Patiaia House Court, the DCP checked the identity cards of all the 6 defence lavvyers. All the Icl\,vyers were directed to deposit their mobile phones, The six defence lavvyers were then taken to the Court No.4" J was asked to wait in COLIrt no.3 with e three judicial officers,
1 was wid by the Judicial Officers that I will only be allowed to enter Court room No. 41 if there are no family members of Kanhaiya presenc and if he identifies and permits me to come. I was asked to produce my identity card and J was asked to surrender my phone to the court officers.
Thereafter, the i'oom suddenly opened and about 10-12 policemen alongwith Kanhaiya and ano person entered the room. This person, jumped on l<anhaiya and hit him. Seeing this, I rushed towards Kanhaiya and hugged him so as to protect, l<anhaiY2. The person who hit Kanhaiya, after assaulting him, tripped and was at the corner of the room away from the door. Kanhaiya pointed to his assailant, and screamed that he was the one who has been hitting him, inside and outside the court premises. I was baffled and immediately drew attention of all the Judicial Officers and the police officers present, and started shouting "Arrest Him, Arrest that man."
In the meanwhile, the three Judicial officers pointed at me and asked Kanhaiya jf he could recognize me. Kanhaiya immediately replied that he recognized me. I was permitted to speak 'vvith him. I continued to point towards Kanhaiya's
\
\
' .. ';
assailant, and pleaded with the police and the Judicial officers to identify and
arrest this person, A police officer approached the assailant and asked whether
he was a lawyer, to which he replied saying that he was an Advocate. The
assailant \:vlio was wearing a dark coloured coat, black trousers and dark glasses
then got up and started movmg towards the door of Court room no, 3'. --= I~~~~-'~-'-'~~~~lr~----~~~~~-
-~ __ Meanwhile, I continued to plead with Judicial Officers and the Police to restraTn
ailt(meStFilm, Unfortunately there was no response, and this assailant easily
walked out of the door of Court room no, 3,
l<anhaiya l<umar was in a bad shape, It was evident from the condition of his
clothes that he had been manhandled and assaulted, There were bruises on his
nose, He did not have any slippers and there were injury marks on his toes and
legs, He complained to me, that he had been, viciously assaulted, his hair pulled
out and he vVClS beaten by :20-30 lawyers, He was suffering from pain in his
stomach, chest, legs and his head.
On hearing e commotion Advocate Vrinda Grover rushed in from Court room
No, 4, i~dv, Vrinda Gi-over told me that she and the other lawyers clearly saw the
assailant corne out of Court room No.3 and talk to OCP jatin Narwal at the door
of the court. The OCP asked him his name, at which this man took off his dark
glasses and tauntingly said in Hindi "You will ask me my name" and then calmly
walked out through the police security cordon in the same direction from where
Kanhaiya had been Drought by the police,
On 19 lh February 2016, 1 saw on page 3 of Hindustan Times newspaper the
report titled, " Lawyer who led mob at Patiala House felicitated, district bar
blames outsiders", The photograph in this report shows some lawyers standing
at the gate of Patiala House court. On seeing the photograph 1 immediately
recognized the man in the check coat, standing second from left as the man who
assaulted Kanhaiya Kumar tn Court room no, 3 in my presenc~,
No action has been taken against this man for assaulting Kanl1aiya,
'~--=""--"--"""'-"'""""'''''''''"':~;':: ._·~.'~"f
' .. ';
assailant, and pleaded with the police and the Judicial officers to identify and
arrest this person, A police officer approached the assailant and asked whether
he was a lawyer, to which he replied saying that he was an Advocate. The
assailant \:vlio was wearing a dark coloured coat, black trousers and dark glasses
then got up and started movmg towards the door of Court room no, 3'. --= I~~~~-'~-'-'~~~~lr~----~~~~~-
-~ __ Meanwhile, I continued to plead with Judicial Officers and the Police to restraTn
ailt(meStFilm, Unfortunately there was no response, and this assailant easily
walked out of the door of Court room no, 3,
l<anhaiya l<umar was in a bad shape, It was evident from the condition of his
clothes that he had been manhandled and assaulted, There were bruises on his
nose, He did not have any slippers and there were injury marks on his toes and
legs, He complained to me, that he had been, viciously assaulted, his hair pulled
out and he vVClS beaten by :20-30 lawyers, He was suffering from pain in his
stomach, chest, legs and his head.
On hearing e commotion Advocate Vrinda Grover rushed in from Court room
No, 4, i~dv, Vrinda Gi-over told me that she and the other lawyers clearly saw the
assailant corne out of Court room No.3 and talk to OCP jatin Narwal at the door
of the court. The OCP asked him his name, at which this man took off his dark
glasses and tauntingly said in Hindi "You will ask me my name" and then calmly
walked out through the police security cordon in the same direction from where
Kanhaiya had been Drought by the police,
On 19 lh February 2016, 1 saw on page 3 of Hindustan Times newspaper the
report titled, " Lawyer who led mob at Patiala House felicitated, district bar
blames outsiders", The photograph in this report shows some lawyers standing
at the gate of Patiala House court. On seeing the photograph 1 immediately
recognized the man in the check coat, standing second from left as the man who
assaulted Kanhaiya Kumar tn Court room no, 3 in my presenc~,
No action has been taken against this man for assaulting Kanl1aiya,
'~--=""--"--"""'-"'""""'''''''''"':~;':: ._·~.'~"f
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NEW DELHI: ;\ gronp or lawyC'rs il;) T;1\!!':~ti;;~· fr:ll{'itatpd \:H\I'~un CllnullclJl, J.lH:~ pr()tl':~i ai PMiala flon~" ((Jl1)'i 011
but II '\]C'!!ri~l)' ;I1Hl \\"'(}d:it;:~d(\~:
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'1'11(> president of tlh' bar i~i\r!;mr!e! Challll;m nnd srt.icl ":-';ilal1tlra Bar ;\pl,o sath hal (T!J{' Sh;lhira H;,)- is witll )'CI\l)",
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http://paper.hindustantimes.cor'l/epaper/viewer.aspx
'\ q~;.tring hJa.ck coats il nd 1'l1(~y '~V()rp lHJt 1:;\\ \l~l» nud tJ;;-n. L:.: \yhy \\l·i
are ~ayjng an invPsl i~~(ltjon is [WC8ssary"
()ilJel' Jl1pnlh(:~I;-; o!' Ulf: C'{Hll:11 il tee Uldt. rnallag(:s t!'n:~ (liTa irs of Ddhi.'s six distric, COlll'to agreed.
"\\'i.~ arc' !lot'ltJr? [lu]iC(l ,--;0 \Vf.J
C',Ul1101 'investigate' illP 1l1nti't?1: ~o complaint again:;1 (Ill\' lawyer has ~'lH)li.l U) ll::;,)' snid Tb I J;,i/nri. Bnl' chaIrman S;U1j«1 N;ISic'l',
Frolll Hohi.t1i (Hstl'.i.ct coart, t lv) hn r ,:~nncrrd sect '('t;'lf\ H.qjClf~Y T(;)iJnall added (iJ<J.t t.i':i"cummi.tfc;e \wnlld h)ol, il1i (1, 1w nmtt(ll'
"A.group of lawyers. led by Vikram Chauhan (fourth from left) protest ['ltl'tiwr" all.:!)' illl' b\\'Y('i'S heJd at the Patiala House court on Wednesday, HT PHOTO ;; protest march to condC'HlH tile
tJw v~rpejl'at()j's \ \\'.l'C' "( mi:siders" rlrr~ss(:d ;)S Ln\'.\'(j'~.
"The F!r~ il:.lS !;l>(·Hl n'glsH.'reci 8nd \VP :-i.rc only :lsking that tlH! matte)' Iw llYvbtigatecl," s;rici DnCe pn'sidclll HJ\ WadJl\'iil. \\']lDe he \\d~ 11!]t pr(lsc;nt liu!'
ing tl)i~ procc·'ssion llll \\\'tinesii;'I,' \Vi,t(Hnva adc]fyl that th(?connn~t({,'t: li;~d b;1S(~d its aSSCSSI11cni. (i!l
;1 l'Ppori. tilat their c(iJipagul':' "c;mght iln'f0 }J('l~';Ol1S ... i \'\'Ol'n!1
nIT iUld onp \Vi:IS handed 0\,1':' t(}
111(' ~)()j W(-I Tlh·'\' \\'P\'(\ (.Ill! ....;i;!f;i·c.: - ,'" '". ','" ,." ,
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NEW DELHI: ;\ gronp or lawYC'l"s il;) T;1\!!':~ti;;~' fr:ll{'itatpd \:H\I'~un Chill1lJ'l.ll, J.lH,; Irl.'I'YC!" 'vllo Iud tlj(o pr()tl':~i ai PMiala flon~" ((Jl1)'i 011 ))(j{ II ,\]{,'!!ri~l)' ,Hut \\"'(}d:it;:~d(\~:
!h.) also ;dlegl)(Uy lrd.:). mob t.hat j;lrgp[e(] . .lNll students· union i(>;I<\('l" J'~;IJlll;li::;1 Kill1lill'.in tl";l' C'Ol..U'lpIy?nlisf.,I$.
SOHl"(,(,S said tl)(~ ShallfJra 13m: :l:::::(wj:li jon tool, 0\11 (\ 1.':H1dk' ))];11"('11 olllsicip gato mtnlbcr of ,:; {if ;11!.l Krn'l\;{J"dnorn ('nun :1t)prll. \\'jlH;l1 \I'a6 ai wlllied.lJy Cllimban.
'1'11(> pn:·siclellt of tlh' bar i:;\r!;md,;r! Ch;,{lllwl! nn(J sa.icl ":-';ilal1tlra Bal" apl\o S;itlJ hnl (T!J{' Sh;lhira H;,r is witll )'CI\l)". :~f)lIP:("S :--;lid.
110Wt,vcl". tlw iJistrii'l B,i}" "nnrdHl;{1jon Con11nHtP(~{J}HCC) ;'lS {"ondplll ned! h(' vio}p}}ce (it
,:1.1 i;·tl;l 1 i!Ju;,:,(' Inn lilsi.-:-:ti'd Iflitl
http://paper.hindustantimes.cor'l/epaper/viewer.aspx
'\ \"{~;.tring hJa.ck coats il nd 1"l1(~y '~V()rp lHJt i:;\\\l~r,":"~Hid i];;-n. L.:: \.~:hy \\"(-i
are ~ayjng an invPsl i~~(ltjoll is [WC8ssary"
()ilJel' Jl1Pnl!X)I;-; o!' Ulf: ('{Hllt11 il tee Uldt. rnallag(:s t!'n:~ (liTa irs of Ddhi.'s six (l.ist.rin COllrto agnx;d.
"'\\·i.~ an~ ~l!)t'lhf? p(}lic:(':;.o ~.v(l
Cj",Ul1101 'invefitigaic> illP 1l1nti"t?1: ~o
complaint again:;1 (Ill\' lawyer has ~'lH)li.l U) 1l::;,1" snid Tb I J;)/nri. Bnl' chaIrman S;U1j«1 N;lsin·.
Frolll Hohini (Hstl·.i.ct coart, t lv) hn r ,:~nncrrd sect '('t;'lf\ H.qj{:~lf~Y T(;)iJnall added (iW.l t.i":i'·cullJm il· fc;e \wmld J<)ol, ini (1, lw nmtt(l)"
"A.group of lawyers. led by Vikram Chauhan (fourth from left) protest [·Ill·tiwr'· aile)" illl' b\\'Yf>i"S heJd at the Patiala House court on Wednesday. HT PHOTO ;; protest march to condC'HlH tile
tJw v~rpej1"at()j'':' \ \'('.l"C' "( mi:siders" rlrr~ss(:d ;)s Ln\',,\"('l',:-:.
"The F!r~ il:.h !;{>(·Hl n'glsH.'reci 8nd \VP ;(t\.~ only :lsking that tlH! mati.e)" Iw lllv(}~tigai.ecl," s;rici DnCe pn'sidclll HJ\ w;J(nn'ia. \\-'l}De he \\d~ 11!]t pr(lsc;nt liu!'
ing 11)1'. procc·'s.sion Oll \\"!>t!neSih',.' \V::tdll\F;Jadd{~c1 f!lat th(?connn~t· (c't: li;~d b;1S(~d its aSSCSSI11cni. (i!l
;\ l"Ppori. tilat their c(iJipaguc':, "c;mght i llrf0 }J('l~';Ol1S ... i \'\'Ol"n!1
nIT iUld onp \Vi:IS handed 0\,1':" t(}
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1/1
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ANNE~ufZ~ - P/~
EXCLUSIVE: Kanhaiya wet his pants while we beat him up
in police custody, say lawyers behind Patiala House assault A sting operation by India Today has unearthed shocking details on the assault on JNUSU President Kanhaiya Kumar and journalists, while Kumar was being produced in the PaHala House court on February 15.
IndiaToday.in New Delhi, February 22,2016 I Posted by Avarnita Mathur I UPDATED 12:33 1ST A +A-
An exclusive India Today operation today unearthed shocking details on the assault on, JNUSU President ,Kanhaiya Kumar and journalists, while Kumar was being produced in the Pahala House court on February 15.
In a sting operation recorded by our cameras, lawyers in Delhi' s Patiala House court have owned up to the brazen assault. In the video below, they admit gleefully that Kanhaiya was beaten up even when he was in police custody. None of these lawyers have been arrested.
The three lawyers mentioned in the sting operation are Vikram Singh Chauhan, Yashpal Singh and Om Sharma. The three led the attack on journalists and Kanhaiya supporters at the Patiala House court on February 15. The video indicates that the attack inside the court premises was not a spontaneous
,r?~
ANNE~ufZ~ - P/~
EXCLUSIVE: Kanhaiya wet his pants while we beat him up
in police custody, say lawyers behind Patiala House assault A sting operation by India Today has unearthed shocking details on the assault on JNUSU President Kanhaiya Kumar and journalists, while Kumar was being produced in the PaHala House court on February 15.
IndiaToday.in New Delhi, February 22,2016 I Posted by Avarnita Mathur I UPDATED 12:33 1ST A +A-
An exclusive India Today operation today unearthed shocking details on the assault on, JNUSU President ,Kanhaiya Kumar and journalists, while Kumar was being produced in the Pahala House court on February 15.
In a sting operation recorded by our cameras, lawyers in Delhi' s Patiala House court have owned up to the brazen assault. In the video below, they admit gleefully that Kanhaiya was beaten up even when he was in police custody. None of these lawyers have been arrested.
The three lawyers mentioned in the sting operation are Vikram Singh Chauhan, Yashpal Singh and Om Sharma. The three led the attack on journalists and Kanhaiya supporters at the Patiala House court on February 15. The video indicates that the attack inside the court premises was not a spontaneous
one, but a well-planned conspIracy to teach 'anti-national' elements a lesson.
To uncover the truth about the Patiala House conspiracy, India Today's special investigation team first went to meet Vikram Singh Chauhan, the 38-year-old Patiala House lawyer from Rewari in Haryana. Chauhan has emerged as the face of the attack on journalists and JNU students. Far from being afraid about getting locked up in prison for leading the brutal attack, he seems to be enj oying his new found infamy in this conversation.
Vikram Chauhan, Lawyer: We beat up that boy for 3 hours ... 3 hours
India Today: You?
Chauhan: Him
IT: Whom? The reporters or Kanhaiya?
Chauhan: Kanhaiya. We forced him to say 'Bharat 'Mata Ki Jai'.
IT: Did he say it?
Chauhan: He said it. I would have not let him go from there.
IT: Did he say - 'Bharat Mata Ki Jai?'
Chauhan: Yes, he said 'Bharat Mata Ki Jai.' We made him say it. We bashed him for three hours. He wet his pants. We beat him up so much.
IT: Will you repeat what you did when he is produced in court?
Yashpal Singh, Lawyer: We will not leave him. We'll beat him up. I will get a petrol bomb. No matter what cases are filed against me. I will not leave him even if I'm charged with murder.
+++
Yashpal Singh: No, not one, we'll do it on everyone. I have not been presented yet. Sharma has returned after his bail. I will go to jail. If you read, there are lot of things. In my interview, I had said that I will go to jail if I'm arrested. I want to go to the same jail and visit Kanhaiya's cell, and beat him up there itself. IT: In the cell?
one, but a well-planned conspIracy to teach 'anti-national' elements a lesson.
To uncover the truth about the Patiala House conspiracy, India Today's special investigation team first went to meet Vikram Singh Chauhan, the 38-year-old Patiala House lawyer from Rewari in Haryana. Chauhan has emerged as the face of the attack on journalists and JNU students. Far from being afraid about getting locked up in prison for leading the brutal attack, he seems to be enj oying his new found infamy in this conversation.
Vikram Chauhan, Lawyer: We beat up that boy for 3 hours ... 3 hours
India Today: You?
Chauhan: Him
IT: Whom? The reporters or Kanhaiya?
Chauhan: Kanhaiya. We forced him to say 'Bharat 'Mata Ki Jai'.
IT: Did he say it?
Chauhan: He said it. I would have not let him go from there.
IT: Did he say - 'Bharat Mata Ki Jai?'
Chauhan: Yes, he said 'Bharat Mata Ki Jai.' We made him say it. We bashed him for three hours. He wet his pants. We beat him up so much.
IT: Will you repeat what you did when he is produced in court?
Yashpal Singh, Lawyer: We will not leave him. We'll beat him up. I will get a petrol bomb. No matter what cases are filed against me. I will not leave him even if I'm charged with murder.
+++
Yashpal Singh: No, not one, we'll do it on everyone. I have not been presented yet. Sharma has returned after his bail. I will go to jail. If you read, there are lot of things. In my interview, I had said that I will go to jail if I'm arrested. I want to go to the same jail and visit Kanhaiya's cell, and beat him up there itself. IT: In the cell?
\~T Singh: Yes, I will go to his cell and beat him up. Most probably, I will not give my bail bond. I will go to prison for 1-2 days. .
+++
Yashpal Singh; We beat up journalists. We thrashed JNU professors .. everyone. If you live in the country, you will have to talk about the country. That's all we know. Then Kanhaiya came. To tell you the truth about Kanhaiya, the police was supporting us fully.
IT: Police was supporting you? Singh: Yes +++
Serious questions have been asked about why the security personnel on duty inside the Patiala House court did not step in and stop the violence. The cops have denied charges of them turning a blind eye towards the violence and have insisted that they did what was expected of them. In this conversation, Chauhan describes how the cops stood around without bothering to stop the violence.
Chauhan: "See, if there is India, then there will always be support. Some of the personnel were standing, including some from the CRPF. They said - 'Sir good sir'. I said - ICome'. They said - 'Sir, we are in uniform ... but good, good. '
The sting operation also revealed that it wasn't just the lawyers from the Patiala House court who were involved in the attack on Kanhaiya and his supporters. Chauhan disclosed to India Today that many of the attackers were specially brought in from outside with the specific intent of beating up the so called anti-nationals.
Chauhan: There are not many lawyers in Patiala House court. There are only 100-500 lawyers. Half of them deal with challans.
IT: Yes, they deal with challans.
Chauhan: We were to throw a bomb. There were so many boys from outside. From Dwarka, Rohini. Many were called in. I wrote on Facebook and asked them to come.
The sting operation also revealed plans of further attacks on Kanhaiya' s hearings.
IT: This Khalid also ...
\~T Singh: Yes, I will go to his cell and beat him up. Most probably, I will not give my bail bond. I will go to prison for 1-2 days. .
+++
Yashpal Singh; We beat up journalists. We thrashed JNU professors .. everyone. If you live in the country, you will have to talk about the country. That's all we know. Then Kanhaiya came. To tell you the truth about Kanhaiya, the police was supporting us fully.
IT: Police was supporting you? Singh: Yes +++
Serious questions have been asked about why the security personnel on duty inside the Patiala House court did not step in and stop the violence. The cops have denied charges of them turning a blind eye towards the violence and have insisted that they did what was expected of them. In this conversation, Chauhan describes how the cops stood around without bothering to stop the violence.
Chauhan: "See, if there is India, then there will always be support. Some of the personnel were standing, including some from the CRPF. They said - 'Sir good sir'. I said - ICome'. They said - 'Sir, we are in uniform ... but good, good. '
The sting operation also revealed that it wasn't just the lawyers from the Patiala House court who were involved in the attack on Kanhaiya and his supporters. Chauhan disclosed to India Today that many of the attackers were specially brought in from outside with the specific intent of beating up the so called anti-nationals.
Chauhan: There are not many lawyers in Patiala House court. There are only 100-500 lawyers. Half of them deal with challans.
IT: Yes, they deal with challans.
Chauhan: We were to throw a bomb. There were so many boys from outside. From Dwarka, Rohini. Many were called in. I wrote on Facebook and asked them to come.
The sting operation also revealed plans of further attacks on Kanhaiya' s hearings.
IT: This Khalid also ...
Chauhan: Now, we have to do something else. Something big. IT: Tell me.
Chauhan: No, we've thought. Things will happen by doing.
IT: But it has to be done in a planned way?
Chauhan: Khudiram Bose was 17, Bhagat Singh was not even 23 ... What we did was good. Our lawyers said the same thing in the end. The boy went alone and did it single handedly.
Kanhaiya Kumar and other JNU students have been booked for sedition. Vikram Chauhan and the other attackers have been booked under mild provisions of the Indian Penal Code such affray, which means fighting in a public place and disturbing peace. The charges against the lawyers are easily bailable.
After meeting Vikram, our next port of call was the Shalimar Garden residence of Om Sharma in Ghaziabad. Sharma is a resident of Bulandshahr in Uttar Pradesh and has been practising at the Patiala House court for 17 years. Sharma is one of the main protagonists in the attack at the Patiala House attack on February 15. At the time we visited, another lawyer Yashpal Singh happened to be at Sharma's house. Yashpal practises at the Tees Hazari courts and has been additional secretary of the Bar Council. Both Om Sharma and Y ash pal Singh confirmed everything that Vikram had told India Today's special investigation team.
Froll1 their admission on camera, it is very clear that Vikram Chauhan, Om Sharma and Yashal Singh not only planned the Patiala House attack in great detail but also that they are completely unrepentant about what their actions.
The India Today's special investigation team included Rahul Kanwal, K Ashish and Harish Sharma.
Chauhan: Now, we have to do something else. Something big. IT: Tell me.
Chauhan: No, we've thought. Things will happen by doing.
IT: But it has to be done in a planned way?
Chauhan: Khudiram Bose was 17, Bhagat Singh was not even 23 ... What we did was good. Our lawyers said the same thing in the end. The boy went alone and did it single handedly.
Kanhaiya Kumar and other JNU students have been booked for sedition. Vikram Chauhan and the other attackers have been booked under mild provisions of the Indian Penal Code such affray, which means fighting in a public place and disturbing peace. The charges against the lawyers are easily bailable.
After meeting Vikram, our next port of call was the Shalimar Garden residence of Om Sharma in Ghaziabad. Sharma is a resident of Bulandshahr in Uttar Pradesh and has been practising at the Patiala House court for 17 years. Sharma is one of the main protagonists in the attack at the Patiala House attack on February 15. At the time we visited, another lawyer Yashpal Singh happened to be at Sharma's house. Yashpal practises at the Tees Hazari courts and has been additional secretary of the Bar Council. Both Om Sharma and Y ash pal Singh confirmed everything that Vikram had told India Today's special investigation team.
Froll1 their admission on camera, it is very clear that Vikram Chauhan, Om Sharma and Yashal Singh not only planned the Patiala House attack in great detail but also that they are completely unrepentant about what their actions.
The India Today's special investigation team included Rahul Kanwal, K Ashish and Harish Sharma.
\?! Ii N", E~vi<1.f rfJl
A~ttacks by lawyers were one-sided, says judge
Sana Shakil I TNN I Feb 23, 2016, 06.32 AM IST
NEW DELHI: A judge who witnessed the twin assaults at
Patiala I-Iouse Courts complex last week -on JNU teachers,
students and journalists on February 15 and JNUSU president
Kanhaiya Kumar on February 17 - has written to the
seniormost judge of the complex, saying the attackers were all
"apparently lawyers" and sought action against them, sources
said on Monday.
The judge described the hooliganism of lawyers in great detail,
saying a large crowd was seen "beating up whosoever was not
in la-wyers' uniform". He also mentioned that the attacks were
one-sided, the sources said.
The incident of February 15, in which journalists and students
were assaulted before the hearing in the sedition case against
Kumar, appeared to be more violent, the judge is learned to
have told the district judge of Patiala House Courts.
The sources said that the judicial officer, in his letter, re called
that on this day, a large crowd "apparently of advocates"
gathered in and around the court complex and beat up
"whosoever was not in lawyers' uniform".
\?! Ii N", E~vi<1.f rfJl
A~ttacks by lawyers were one-sided, says judge
Sana Shakil I TNN I Feb 23, 2016, 06.32 AM IST
NEW DELHI: A judge who witnessed the twin assaults at
Patiala I-Iouse Courts complex last week -on JNU teachers,
students and journalists on February 15 and JNUSU president
Kanhaiya Kumar on February 17 - has written to the
seniormost judge of the complex, saying the attackers were all
"apparently lawyers" and sought action against them, sources
said on Monday.
The judge described the hooliganism of lawyers in great detail,
saying a large crowd was seen "beating up whosoever was not
in la-wyers' uniform". He also mentioned that the attacks were
one-sided, the sources said.
The incident of February 15, in which journalists and students
were assaulted before the hearing in the sedition case against
Kumar, appeared to be more violent, the judge is learned to
have told the district judge of Patiala House Courts.
The sources said that the judicial officer, in his letter, re called
that on this day, a large crowd "apparently of advocates"
gathered in and around the court complex and beat up
"whosoever was not in lawyers' uniform".
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
CRL. M. P. No. __ OF 2016
IN
\40
WRIT PETITION (CRL) NO. ____ OF 2016
(Petition under Article 32 of the Constitution of India)
(PUBLIC INTEREST LITIGATION)
".
IN THE MATTER OF: '.">,
KAMINI JAISWAL ... PETITIONER
VERSUS
UNION OF INDIA & ORS. '" RESPONDENTS
APPLICATION FOR INTERIM DIRECTION ,
TO,
THE HON'BLE THE CHIEF JUSTICE OF INDIA AND HIS
COMPANION JUDGES OF THE SUPREME COURT OF
INDIA
THE HUMBLE PETITION OF THE PETITIONER
ABOVENAMED
I MOST RESPECTFULLY SHOWETH:
1. That the present Writ Petition IS being filed under
Article 32 of the Constitution of India by the Petitioner for
enforcement of the fundamental rights guaranteed under
Article 14 and 21 of ,the Constitution of-India. The immediate
cause of filing this petition is the facts which have come to
I light about the blatant violation of the rule of. ~?-w and also
contempt on the face of court committed by certain lavryers,
including Respondent No.s. 3 to 5, on 15.02.2016 and
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
CRL. M. P. No. __ OF 2016
IN
\40
WRIT PETITION (CRL) NO. ____ OF 2016
(Petition under Article 32 of the Constitution of India)
(PUBLIC INTEREST LITIGATION)
".
IN THE MATTER OF: '.">,
KAMINI JAISWAL ... PETITIONER
VERSUS
UNION OF INDIA & ORS. '" RESPONDENTS
APPLICATION FOR INTERIM DIRECTION ,
TO,
THE HON'BLE THE CHIEF JUSTICE OF INDIA AND HIS
COMPANION JUDGES OF THE SUPREME COURT OF
INDIA
THE HUMBLE PETITION OF THE PETITIONER
ABOVENAMED
I MOST RESPECTFULLY SHOWETH:
1. That the present Writ Petition IS being filed under
Article 32 of the Constitution of India by the Petitioner for
enforcement of the fundamental rights guaranteed under
Article 14 and 21 of ,the Constitution of-India. The immediate
cause of filing this petition is the facts which have come to
I light about the blatant violation of the rule of. ~?-w and also
contempt on the face of court committed by certain lavryers,
including Respondent No.s. 3 to 5, on 15.02.2016 and
. .
17.02.2016 In the Patiala House court premises and
complete inaction of the Delhi Police which has been exposed
by the report of 5 senior advocates dated 18.02.2016, report
dated 19.02.2016 of the National Human Rights
Commission as well the sting operation dated 22.02.2106
qonducted by the India Today news channel. . ''t."
2. That the facts of the present petition are not being
repeated herein for the sake' of brevity and same may be
deemed to be part of the present application.
3. That the report of the NHRC as well as the sting
operation conducted by the India Today sho~ .. that the
attacks on 15.02.2016 and 17.02.2016 were premeditated
and thus the attacking lavvye,rs including' the Respondent
advocates had committed contempt in the face of law by
interfering in the administration of justice.
4. That the Respondent advocates have deliberately
violated the orders passed by this Hon'ble Court on
17.02.2016 and thus committed willful defiance of this
Hon'ble Court's orders and thereby committing contempt of
this Hon ble Court.
PRAYER
Under the circumstances mentioned above, it IS
most humbly prayed that this Hon 'ble Court:
. .
17.02.2016 In the Patiala House court premises and
complete inaction of the Delhi Police which has been exposed
by the report of 5 senior advocates dated 18.02.2016, report
dated 19.02.2016 of the National Human Rights
Commission as well the sting operation dated 22.02.2106
qonducted by the India Today news channel. . ''t."
2. That the facts of the present petition are not being
repeated herein for the sake' of brevity and same may be
deemed to be part of the present application.
3. That the report of the NHRC as well as the sting
operation conducted by the India Today sho~ .. that the
attacks on 15.02.2016 and 17.02.2016 were premeditated
and thus the attacking lavvye,rs including' the Respondent
advocates had committed contempt in the face of law by
interfering in the administration of justice.
4. That the Respondent advocates have deliberately
violated the orders passed by this Hon'ble Court on
17.02.2016 and thus committed willful defiance of this
Hon'ble Court's orders and thereby committing contempt of
this Hon ble Court.
PRAYER
Under the circumstances mentioned above, it IS
most humbly prayed that this Hon 'ble Court:
\4~
a. Issue SUOlTIoto contempt proceeding, against the I
I
Respondent Nos. 3-5 for interfering In the
administration of justice and for willfully violating
the orders dated 17.02.2016 of this Hon'ble Court
I
b. Pass such further and other orders as the Court
may deem fit in the interest of justice.··~. and
CirCUlTIstances of the present case.
FILED BY:
PMJhar~ PRASHANT BHUSHAN V\
ADVOCATE FOR THE PETITIONER
DRAvVN ON: 23.02.2016
FILED ON: 214-.02.2016
\4~
a. Issue SUOlTIoto contempt proceeding, against the I
I
Respondent Nos. 3-5 for interfering In the
administration of justice and for willfully violating
the orders dated 17.02.2016 of this Hon'ble Court
I
b. Pass such further and other orders as the Court
may deem fit in the interest of justice.··~. and
CirCUlTIstances of the present case.
FILED BY:
PMJhar~ PRASHANT BHUSHAN V\
ADVOCATE FOR THE PETITIONER
DRAvVN ON: 23.02.2016
FILED ON: 214-.02.2016