Attack on Kejriwal’s residence: Delhi HC asks police to explain ‘what kind of intimation you had’

The court also said that it has seen the videos of the incident and it appears that there was “an unruly crowd” outside the entrance of CM’s residence who destroyed public property and defaced the main entry door.

“Some people did try to climb over the gate. They did not succeed or it appears it was not their intent also. Some of them have taken law into their own hands. And there’s definitely an element of fear which has been sought to be created, that is very evident,” said the court.

The court also remarked that the police force was probably inadequate and though the personnel present did try to prevent the protesters, “probably they were outnumbered”. “You’ll have to explain what kind of intimation you had and what kind of threat perception was there about this kind of an incident taking place. You filed that,” it added.

माननीय मुख्यमंत्री @arvindkejriwal जी के आवास पर भाजपा के गुंडों द्वारा करा गया हमला बेहद निंदनीय है. पुलिस की मौजूदगी में इन गुंडों ने बैरिकेड तोड़े, सीसीटीवी कैमरा तोड़े. पंजाब की हार की बौखलाहट में भाजपा वाले इतनी घटिया राजनीति पर उतर गए. pic.twitter.com/ewzhqQgYyU

— Raghav Chadha (@raghav_chadha) March 30, 2022

Observing that it wants to understand a few fundamental facts about the incident, the court said, “You file a status report. Let’s have a look. Tell us what the situation was. There should be something before us. We don’t want to get into niceties. We just want to be satisfied that either there was no lapse or even if there was lapse, you have taken corrective measures and you are taking the matter seriously.”

Additional Solicitor General Sanjay Jain, representing the Police and Centre, submitted that an FIR stands registered and Delhi Police has already taken action and intends to take other steps to address concerns of the petitioner. The court was told eight people have been arrested. Delhi Police will set up a meeting with the CM Secretariat to understand the CM’s threat perception, Jain told the court.

Jain also told the court that he will submit a status report in a sealed cover and that all the evidence including the CCTV footage of the incident in question would be preserved. He also termed the petition a “publicity exercise”.

However, the court said that any citizen, “political or apolitical”, could have filed the petition: “After all it is a constitutional functionary whose residence has been stormed.”

The court was hearing Aam Aadmi Party MLA Saurabh Bhardwaj’s petition seeking constitution of a Special Investigation Team for an independent probe into the attack. Bhardwaj has said that a retired judge of the High Court should head the SIT.

Bhardwaj also sought a probe into the role of police officers who were responsible for maintaining the security cordon outside the CM’s residence. Besides seeking a direction for appropriate security outside Kejriwal’s residence, the petition also prays for compliance of an earlier court order for securing the road outside his residence.

Senior advocate Abhishek Manu Singhvi, representing Bhardwaj, earlier argued before the court that Delhi Police was “directly responsible for negligence and failure” in the case and sought preservation of CCTV footage. Singhvi also referred to the order passed by the Supreme Court in respect of the alleged breach of security in the Prime Minister’s convoy in Punjab during the campaigning for the recently-held elections.

“There cannot be multiple standards in the country. What is sauce for the goose is sauce for the gander, in a lighter vein,” submitted Singhvi.

Senior advocate Rahul Mehra, representing Bhardwaj, argued that tomorrow if something similar happens with the President or Prime Minister’s residence, heads will roll. “There was only a 20 minute blockade in Punjab and we all know what happened,” Mehra argued.

Mehra submitted that videos showing an MP’s presence is in circulation but he has not been named in the FIR. “Is this seriousness?,” he asked, adding that those arrested are scapegoats.

However, the court said that the submission was premature at this stage and added that once it gets the status report, only then it will question the police.

Submitting that the violence was directed towards Kejriwal and his family, Bhardwaj in the petition has argued that the violence was meant to subdue the highest elected official of the national capital by the use of force and, therefore, also the elected government of the national capital. “This was a direct attack on democracy,” reads the petition.

Accusing the Delhi Police of completely abdicating its duty, Bhardwaj alleged that it appears the police were “hand in glove with the goons as the goons are members of the ruling party in the central government” which controls the force. In the past as well, there was an attack on the residence of the Deputy Chief Minister and then also police did not take any steps to stop the attackers, he alleged.

“It is due to such inaction and complicity of the police that BJP goons have become emboldened to carry out repeated attacks on elected officials of the Government of NCT of Delhi,” Bhardwaj said in the plea.

Doubting that Delhi Police will carry out a fair investigation in the case, Bhardwaj argued that when attacks on elected officials in Delhi are becoming a routine matter, if responsibility is not fixed, then the public will lose confidence in the rule of law.