The Supreme Court on Friday rejected a petition seeking action against police officers and advocates in connection with incidents of violence in February 2016 at the Patiala House Courts — when former JNUSU president Kanhaiya Kumar was produced before a magistrate. The court maintained that it did not want to “flog a dead horse back to life”.
“We do not think of proceeding further. There is no need for an SIT (special investigation team),” a bench of Justice Ranjan Gogoi and Justice R Banumathi said, turning down petitioner advocate Prashant Bhushan’s contention that it was a “ghastly action” and an SIT probe must be ordered into it.
“What ghastly action,” the bench asked when Bhushan referred to the February 15 and 17, 2016 incidents of alleged attacks on Kumar, journalists, students, JNU teachers and defence lawyers inside court premises.
Bhushan said that if no action was taken, it might encourage people to indulge in such acts. “We will not proceed. We do not think we will flog a dead horse back to life. If you have grievances, you can take appropriate steps. You can lodge an FIR,” the bench said. “We find no reason to continue to entertain the present writ petition any further. The writ petition is accordingly dismissed,” it added.
The bench further said that its order would not prevent the petitioner from taking other action under the law. “Needless to say that the present order does not prevent the petitioner from taking appropriate action in accordance with law, if so advised. We have expressed no opinion on merit,” it said.
The apex court had earlier questioned police over the presence of unsolicited persons in the courtroom where Kumar was purportedly assaulted before being produced in court in connection with a sedition case.