Delhi High Court
Amit Sahni vs Commissioner Of Police And Ors. on 14 January, 2020
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 14.01.2020
+ W.P.(C) 429/2020
AMIT SAHNI ..... Petitioner
Through: Petitioner in person
versus
COMMISSIONER OF POLICE AND ORS. ..... Respondents
Through: Mr. Amit Mahajan, CGSC with
Mr.Rajat Nair, Adv. for R-1 to R-3 along with
Mr. Rajesh Deo, DCP/Legal Cell PHQ; Mr.Kumar
Gyaneshi, DCP/South-East Distt; ACP, New
Friends Colony; Mr. Vijay Pal SHO Shaheen
Bagh; SI Ravinder Chander & Inspector Sukhbir
Singh.
Mr. Satyakam, ASC for GNCTD/R-4
Ms. Maninder Acharya, ASG with Mr. Dev P.
Bhardwaj, CGSC with Ms. Anubha Bhardwaj,
Mr. Jatin Teotia & Mr. Abhishek Yadav, Advs. for
R-5
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
: D.N. PATEL, Chief Justice (Oral)
CM APPL.1161/2020 (Exemption)
Allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(C) 429/2020
1. This Public Interest Litigation has been preferred with the following
prayers:
"i. Issue a writ In the nature of Mandamus or any other writ
of like nature thereby passing order or direction to the
Respondents No. 1 to 3 thereby directing them to withdraw the
closure of Kalindi Kunj-Shaheen Bagh Stretch i.e. Road No.
13 A (between Mathura Road and Kalindi Kunj) as well as
Okhla underpass, which were closed on December 15, 2019
for ongoing protests against Citizen Amendment Act (CAA)
and National Register of Citizen (NRC) as a temporary
measure but the road closure was extended from; time to time
till date, whereby causing huge inconvenience/hardship to the
lacs of commuters every day.
ii. Issue a writ in the nature of Mandamus or any other writ of
like nature thereby passing order or direction to the
Respondents No. 4 and 5 to take appropriate measures and to
provide necessary assistance to Respondent No. 1 to 3, as may
be required for redressing the grievance raised in the present
petition.
iii. Pass any other appropriate Order or Direction as this Hon'bie
Court may deem fit."
2. Having heard the petitioner in person as well as counsel for
respondents and looking to the facts and circumstances of the case, it
appears that several grievances have been ventilated by this petitioner about
the restrictions on the usage of road as mentioned in the writ petition for
reason of certain ongoing protests. Looking to the Annexure P-3, it appears
that a representation ventilating the grievances by this petitioner has also
been preferred to the respondent No.1 and the same is pending.
3. In view of these facts, we hereby direct the concerned respondent
authorities to look into the grievances ventilated by the petitioner in this writ
petition, especially at Annexure P-3, about the restrictions on the usage of
the road which is known as Kalindi Kunj-Shaheen Bagh Stretch i.e. Road
No. 13 A (between Mathura Road and Kalindi Kunj) as well as Okhla
underpass and will react, in accordance with law, rules, regulations and
Government policies applicable to the facts of the present case. The
concerned respondent authorities shall also keep in mind the larger public
interest as well as the maintenance of the law and order.
4. It ought to be kept in mind that whenever any agitation or protest is
going on, situation is like fluid - keep on changing looking to the
temperament of the protesters and resistances by other people.
Simultaneously, police has to maintain the law and order. Hence, the
respondents have all power, jurisdiction and authority to control the traffic,
wherever protests or agitations are going on, in the larger public interest. In
such a situation, no specific writ, order or direction can be issued by this
Court as to how to handle the agitation or protest or the place of protest and
the traffic. It all depends upon the ground reality and the wisdom of the
police, where situations may keep changing every 10 minutes.
5. With the aforesaid observation, this writ petition is hereby disposed
of.
Copy of the order be given dasti under the signature of the Court Master.
CHIEF JUSTICE
C.HARI SHANKAR, J
JANUARY 14, 2020/ns
