Delhi High Court
Delhi Citizen Forum For Civil ... vs State Of Nct Of Delhi & Ors. on 1 February, 2021
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 1st February, 2021
+ W.P.(C) 1241/2021
DELHI CITIZEN FORUM FOR CIVIL RIGHTS..... Petitioner
Through: Mr. Joginder Tuli in person
versus
STATE OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Rishabh Jetley, Adv. for
Mr.Sanjoy Ghose, ASC for GNCTD/R-1
CORAM:
HON'BLE THE CHIEF J USTICE
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGMENT
D.N. PATEL, CHIEF JUSTICE(ORAL)
C.M.No.3470/2021(exemption)
Allowed, subject to all just exceptions.
The application is disposed of.
W.P.(C) No.1241/2021
1. This Public Interest Litigation has been preferred with the following
prayers:
"a) Allow this writ petition and issue Appropriate writ, orders
or directions to the respondents for taking action against the
concerned officials for failure of the intelligence and the
Delhi Police/Respondent No.3 for not controlling and
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:09.02.2021
22:53:21
anticipating the farmers protest held on Republic Day i.e.
26.01.2021 and to ascertain and fix up responsibility of the
major lapses causing breach of security which is in violation of
national honour due to forced entry of kissan/farmers in
redfort area and hoisting of Nishan Sahib flag on the pole at
Red Fort meant for hoisting of national flag by Hon'ble Prime
Minister; and /or
b) Pass any other order which this Hon'ble Court may deem fit
in the interest of justice."
2. Upon perusal of the abovementioned prayer, it appears that the
petitioner is primarily aggrieved by the following: -
(i) There was "Law & Order" problem on 26th January, 2021, which was
not dealt with promptly and as required by law, by the concerned officials of
Respondent No.3.
(ii) The "Law & Order" problem arose on account of "Intelligence
Failure".
(iii) Penal action ought to be taken against the erring officials.
3. Having heard the petitioner in person and looking into the facts and
circumstances as enumerated in the writ petition, we see no reason to
entertain this writ petition. The incidents highlighted in the petition allegedly
took place on 26th January, 2021. It appears that immediately thereafter, the
present petition was prepared on 27th January, 2021 and promptly filed on
28th January, 2021.
4. It is evident that the present petition has been filed in a great haste
expecting all actions to be taken overnight. There is no gainsaying that
investigation into incidents, filing of charge sheets, etc. has to be in
accordance with law and will take its own course. We are informed by the
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:09.02.2021
22:53:21
learned counsel for Respondent No. 1 that the concerned authorities are
seized of the matter and necessary action is underway.
5. Petitioner ought to have waited for a reasonable period of time instead
of approaching the Court by filing the present petition on 27th January, 2021
when the alleged incidents occur on 26th January, 2021. Since the
Government has already started taking action with respect to the incidents
which have taken place in the NCT of Delhi on 26th January, 2021, we see
no reason to monitor the investigation etc. and interfere in the same at this
stage.
6. In view of the aforesaid facts and reasons, the present petition is
dismissed with costs of Rs.10,000/- to be paid by the petitioner to the Delhi
State Legal Services Authority (DSLSA), within four weeks from today.
The aforesaid amount shall be utilized for the programme 'Access to
Justice'.
7. Copy of this order be sent to the Member Secretary, Delhi State Legal
Services Authority, Central Office, Patiala House Courts Complex, New
Delhi - 110001.
CHIEF JUSTICE
J YOTI SINGH, J
FEBRUARY 1, 2021
ns
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:09.02.2021
22:53:21
