‘If they are roaming free’: Supreme Court on threats to minor CJP protester

Her lawyer also alleged that stones were thrown at the minor protester’s home, saying they have video evidence.

Swatantra Bharadwaj was remanded to one-day police custody after being brought to Delhi.The reference apparently was to the video of Swatantra Bharadwaj, which led to his arrest. (File Photo)

The Supreme Court on Thursday expressed concern over allegations of harassment and intimidation of a minor girl who took part in the protests by the Cockroach Janta Party (CJP) at Delhi’s Jantar Mantar in July and said the family be given necessary protection.

A counsel raised the issue before a three-judge bench presided over by Chief Justice of India Surya Kant, as it was hearing petitions regarding the CJP protests over the alleged NEET question paper leak.

“A person has admitted on video, in a manner of bragging, that he has committed that act,” the counsel told the bench, also comprising Justices Joymalya Bagchi and V Mohana.

The reference apparently was to the video of Swatantra Bharadwaj, which led to his arrest.

“Instead of prosecuting people who accompanied him, an FIR has been filed against the child. This is against this court’s order. We request that the State of UP and NCT of Delhi file a response. Her FIR has been taken by Parliament Street Police Station,” the lawyer added.

She also claimed that the minor’s house was pelted with stones. “We can provide video evidence that her residence was subjected to pelting.”

‘Cause is justified’

She contended that the inquiry by the High-Powered Committee appointed by the top court to probe the police crackdown on student protesters at Jantar Mantar will take time. She sought the court’s urgent intervention, saying that “if she faces some mischief, we will not be able to reverse those things”.

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“If there are anti-social elements who indulged in violence against a child, and they are roaming free, and are trying to browbeat the child, that may be a serious thing. Cause is justified. There can’t be a second opinion,” the CJI said.

Solicitor General Tushar Mehta said he will examine the entire matter. “Whatever is required in the facts of the case can certainly be done,” he added.

To which the CJI said, “A child is a child”. “Some measures to protect the child can be taken. This incident can be taken as a standalone by local police.”

“We would like immediate action on that FIR and police protection to the victim and family by UP police. Investigation be conducted by Parliament Street Police Station,” Justice Bagchi said.

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The bench said it will consider the complaints, iron out the issues and, if necessary, further clarify its directions. “We are not in doubt. We will pass an order,” said the CJI.

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 26 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with the daily newspaper, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

 

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