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Saurabh Bhardwaj, a Member of the Legislative Assembly of Delhi, has approached the Delhi High Court seeking constitution of a Special Investigation Team headed by a retired Judge of the High Court to undertake a time bound criminal investigation with respect to the attack on Delhi CM Arvind Kejriwal's residence on March 30, 2022 and its perpetrators.

Bhardwaj has also sought investigation into the Delhi Police’s officers who were responsible for maintaining the security cordon outside the Delhi CM’s residence.

The official residence of the Delhi CM was attacked and vandalized by Bhartiya Janta Party (“BJP”) goons, which attack appears to have been carried out with Delhi Police’s tacit complicity, claims the AAP member.

It has been further submitted that Delhi Police was hand in glove with the goons as the goons are members of the ruling party in the Central Government, which has absolute control over Delhi Police through the Ministry of Home Affairs. 

"On 30.03.2022, several BJP goons, in the garb of a protest, launched an attack on the official residence of the Delhi CM. Videos and photographs show that these goons casually walked through the security cordon (maintained by Delhi Police), kicked and broke the boom barrier, broke the CCTVs cameras with lathis, threw paint on the gate of the residence and almost climbed over the gate, while Delhi Police personnel simply looked on, doing little to stop the protestors....", the PIL states.

Referring to the attack as a a direct attack on democracy, the petition adds that the violence was especially egregious as it was directed towards the Delhi CM and his family and was meant to subdue, by the use of force, the highest elected official in NCT of Delhi and therefore the elected Government of Delhi.

Delhi Police is said to have completely abdicated their duty, without any regard for the fact that they were protecting an elected constitutional functionary and the fact that he was given Z+ security by Delhi Police itself, the petition filed under Article 226 states.

The plea filed through Advocate    further claims that the Delhi Police’s inaction was in blatant violation of the High Court’s order dated 22nd August, .2017 in Civil Lines Resident Welfare Association vs. GNCT of Delhi wherein it was directed to ensure that no unnecessary protest takes place on the road in front of the Delhi CM’s house, as it is a residential area.

Referring to an incident of 2020, when the residence of the Deputy Chief Minister Manish Sisodia was attacked by BJP Goons, the plea submits that then too the Delhi Police took no action to stop the goons and even after the incident took no concrete criminal action was undertaken.

"..attacks on elected officials are becoming a routine affair. If the perpetrators of the attack are not brought to justice and if responsibility is not fixed on the errant officers of the Delhi Police, then the public will lose confidence in the rule of law and will lose its faith in the ability of the police to protect it against political violence.", states the petition.

In this backdrop, Bhardwaj has further sought that on receipt of investigation report of the Special Investigation Team, appropriate prosecution/action be taken against the identified accused persons/culprits; 

Furthermore, a direction is sought to the Delhi Police to ensure appropriate security of Delhi Chief Minister’s person and residence, including maintaining a security perimeter around his residence and to secure the road outside the Chief Minister’s residence in terms of the order of the Court in Civil Lines Welfare Association vs. GNCTD.

Case Title: Saurabh Bhardwaj vs. Delhi Police and Anr.