"File status report, just want to know what transpired": Delhi High Court in plea seeking SIT probe into attack on Delhi CM's residence

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The Delhi High Court today directed the Delhi Police to submit a status report on the incident involving the attack on Delhi Chief Minister Arvind Kejriwal's residence on March 30, 2022.

Additional Solicitor General (ASG) Sanjay Jain's opposed to issuance on notice and added that a suo motu FIR had already been registered and investigation was underway/

"If you do not want us to issue a notice, we will say you appeared on advance notice. You just submit a Status Report. We just want to know what transpired," the bench said.

Saurabh Bhardwaj, a Member of the Legislative Assembly of Delhi, had 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.

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, claimed the AAP member.

Today when the matter was taken up by a bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla, the Delhi Police informed the bench that it will be setting up a meeting with the CM's office and work out a security arrangement.

ASG Sanjay Jain further told the court that the instant petition was predicated on an assumption that no FIR was registered.

"Delhi Police registered an FIR suo moto and people have been arrested...", he added.

He further argued that the prayer of constitution of a SIT was in violation of the principles laid down in the case of Romila Thapar.

Senior Advocate Dr. Abhishek Manu Singhvi, appearing for the petitioner, responded to the ASG's submission by saying thta,

"The CM is not at the Delhi Police's mercy that they will come and sit with him and have a meeting."

He added that if such a thing were to happen with any other government functionary, there would be mayhem.

"The CM has Z+ security. Unfortunately, it is from Delhi Police", he added.

Singhvi further argued that he was unable to understand why the respondents were objecting to issuance of notice. "I don't know why ASG Sanjay Jain is opposing a notice which is between the petitioner and court", he submitted.

Pressing for constitution of a SIT, Singhvi argued that Delhi police should be the last person to probe into its own actions.

Acting CJ Sanghi responded to the ASG's submission saying that,

"We have seen the video. Some people have created a little ruckus, broken things. This crowd has taken law into their hands. It is very evident. Why was the police inadequate? You have to answer that."

To this, the ASG said, that the petitioner being a political person has filed the PIL  as a publicity exercise. "It was all over the press before it reached us". he added.

Senior Advocate Rahul Mehra, who also appeared for the petitioner, referred to the PM security breach incident that happened in Punjab recently and said,

"If this would have happened with the PM, there would be a huge hue and cry."

The Court in its order has directed the Delhi Police to submit a status report in two weeks. 

The matter will not be taken up on April 18.

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