kanhaiya bhusan filed pil

IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

I WRIT PETITION (CRL) NO .. ~.... OF 2016

(Petition under Article 32 of the 'Constitution of India)

(PUBLIC INTEREST LITIGATION)

IN THE MATTER OF:

K~MINI JAISWAL ... PETITIONER

VERSUS

UNION OF INDIA & ORS. ... RESPONDENTS

WITH

CRL. M. P. No. __ --- OF 2016 Application for Interim Direction'

PAPER - BOOK

(PLEASE SEE INDEX INSIDE)

ADVOCATE FOR THE PETITIONER: PRASHANT BHUSHAN

--,,-"'.------------~- --------------------------



I WRIT PETITION (CRL) NO .. ~.... OF 2016

(Petition under Article 32 of the 'Constitution of India)


IN THE MATTER OF:

K~MINI JAISWAL ... PETITIONER

VERSUS

UNION OF INDIA & ORS. ... RESPONDENTS

WITH

CRL. M. P. No. __ --- OF 2016 Application for Interim Direction'

PAPER - BOOK

(PLEASE SEE INDEX INSIDE)

ADVOCATE FOR THE PETITIONER: PRASHANT BHUSHAN

--,,-"'.------------~- --------------------------

INDEX

r-S.N. I PARTICULARS i ----

I. Listing Performa

2. Synopsis &, List of Dates

3. Writ Petition with Affidavit

4. ANNEXURE P-l

Copies of soine news reports dated 16/17.02.2016 glVIng details of the said events at Patiala House.

5. ANNEXURE P-2

A copy of the said report dated nil.

6. ANNEXURE P-3

A copy of the order dated 17.02.2016 in the Writ petition (Criminal) No., 25 of 2016.

7. ANNEXURE P-4

A copy of the second order dated 17.02.2016 of this Hon'ble Court in Writ petition (Criminal) No. 25 of 2016.

8. ANNEXURE P-5

Copies of the said News Reports dated 18.02.2016.

9. ANNEXURE P-6

A copy of thereport dated 18.02.2016 by a team of 5 senior lawyers.

10 ANNEXURE P~7 .

Copy of the report of defense la\\ryers dated nil.

11 ANNEXURE P-8

Copy of report dated

17,02.2016 by the Registrar General, High Court of Delhi.

PAGES

A to A-I

'i3-?( 1 -;;It

\ DCG-I! I

\\1--- 1'2--0

INDEX

r-S.N. I PARTICULARS i ----

I. Listing Performa

2. Synopsis &, List of Dates

3. Writ Petition with Affidavit

4. ANNEXURE P-l

Copies of soine news reports dated 16/17.02.2016 glVIng details of the said events at Patiala House.

5. ANNEXURE P-2

A copy of the said report dated nil.

6. ANNEXURE P-3

A copy of the order dated 17.02.2016 in the Writ petition (Criminal) No., 25 of 2016.

7. ANNEXURE P-4

A copy of the second order dated 17.02.2016 of this Hon'ble Court in Writ petition (Criminal) No. 25 of 2016.

8. ANNEXURE P-5

Copies of the said News Reports dated 18.02.2016.

9. ANNEXURE P-6

A copy of thereport dated 18.02.2016 by a team of 5 senior lawyers.

10 ANNEXURE P~7 .

Copy of the report of defense la\\ryers dated nil.

11 ANNEXURE P-8

Copy of report dated

17,02.2016 by the Registrar General, High Court of Delhi.

PAGES

A to A-I

'i3-?( 1 -;;It

\ DCG-I! I

\\1--- 1'2--0

12 ANNEXURE P-9

Copy of the report dated 19.02.2106 by Shri Ajit Kumar Sinha, Sr. Advocate.

ANNEXURE P-IO 13 Copy of the report dated

19.02.2016 of the Delhi Police.

14 ANNEXURE P-l1

A copy of the National Human Righ ts Commission issued a report on the crackdown of Delhi police.

15 ANNEXURE P-12

Copy of the eye-witness account of Mr. Himashu, Associate Professor, JNU dated nil.

16 ANNEXURE P-13

Copy of the Hindustan Times report dated 19.02.2016.

17 ANNEXURE P-14

A copy of the news report dated 22.02.2016 containing the transcript of relevant ext~acts

downloaded from the India today website.

18 ANNEXURE P-14

A copy of the news report dated 23.02.2016 published in the Times of India about the letter of the judicial officer to the District Judge, Patiala House.

CR. L. M. P. No. OF 2016

Application for Interim Direction

\~\

";",

12 ANNEXURE P-9

Copy of the report dated 19.02.2106 by Shri Ajit Kumar Sinha, Sr. Advocate.

ANNEXURE P-IO 13 Copy of the report dated

19.02.2016 of the Delhi Police.

14 ANNEXURE P-l1

A copy of the National Human Righ ts Commission issued a report on the crackdown of Delhi police.

15 ANNEXURE P-12

Copy of the eye-witness account of Mr. Himashu, Associate Professor, JNU dated nil.

16 ANNEXURE P-13

Copy of the Hindustan Times report dated 19.02.2016.

17 ANNEXURE P-14

A copy of the news report dated 22.02.2016 containing the transcript of relevant ext~acts

downloaded from the India today website.

18 ANNEXURE P-14

A copy of the news report dated 23.02.2016 published in the Times of India about the letter of the judicial officer to the District Judge, Patiala House.

CR. L. M. P. No. OF 2016

Application for Interim Direction

\~\

";",

A PROFORMA FOR 'FIRST LISTING

SECTION: X

The case pertains to (Please tick/ check the correct box):

o o o o D D o o

Central Act: (Title)

Section

Centr2J Rule: (Title)

Rule No(s):

State Act: (Title)

Section:

State Rule: (Title)

Rule No(s):

Impugned Interim Order: (Date)

Indian Penal Code, 186,0

U/S 124A and 120B of Indian Penal Code, 1860

- NA-

- NA-

- NA-

- NA-

- NA-

- NA-

- NA-D o Impugned Final Order /Decree: (Date) - NA-

o D o 1.

2.

') 0.

4.

High Court: (Name)

Names of Judges:

Tribunal/ Authority; (Name)

Nature of matter: 0 Civil

(a) Petitioner/ appelLmt No.1 :

(b) e-mail ID:

(c) Mobile Phone Number:

(a) Respondent No.1:

(b) e-mail 10:


(a) Main category classification:

(b) Sub classification:

5. Not to be listed before:

6. Similar / Pending matter:

7. Criminal Matters:

- NA-

- NA-

- NA-

o Criminal

KAMINI JAISWAL

[email protected]

- NA-

Union of India & Ors ..

- NA-

- NA-

018

1807

- NA-

(a) Whether accused} convict has surrendered: Yes 0 NoD - NA-(b) FIR No. Date:

(c) Police Station:

(d) Sentence Awarded:

(e) Sentence Undergone:

- NA-

- NA-

- NA-

the

A PROFORMA FOR 'FIRST LISTING

SECTION: X

The case pertains to (Please tick/ check the correct box):

o o o o D D o o

Central Act: (Title)

Section

Centr2J Rule: (Title)

Rule No(s):

State Act: (Title)

Section:

State Rule: (Title)

Rule No(s):

Impugned Interim Order: (Date)

Indian Penal Code, 186,0

U/S 124A and 120B of Indian Penal Code, 1860

- NA-

- NA-

- NA-

- NA-

- NA-

- NA-

- NA-D o Impugned Final Order /Decree: (Date) - NA-

o D o 1.

2.

') 0.

4.

High Court: (Name)

Names of Judges:

Tribunal/ Authority; (Name)

Nature of matter: 0 Civil

(a) Petitioner/ appelLmt No.1 :

(b) e-mail ID:


(a) Respondent No.1:

(b) e-mail 10:


(a) Main category classification:

(b) Sub classification:

5. Not to be listed before:

6. Similar / Pending matter:

7. Criminal Matters:

- NA-

- NA-

- NA-

o Criminal

KAMINI JAISWAL

[email protected]

- NA-

Union of India & Ors ..

- NA-

- NA-

018

1807

- NA-

(a) Whether accused} convict has surrendered: Yes 0 NoD - NA-(b) FIR No. Date:

(c) Police Station:

(d) Sentence Awarded:

(e) Sentence Undergone:

- NA-

- NA-

- NA-

the

A-I

8. Land Acquisition Matters: - NA-

. ........

(a) Date of Section 4 notification: - NA-

(b) Date of Section 6 notification: - NA-

(c) Date of Section 17 notification: - NA-

9. Tax Matters: State the tax effect: - NA-

10. Special Category (first Petitioner / - NA-

appellant only):

D Senior citizen> 65 years D SC/ST Doman/child Dsabled

o Legal Aiel case On custody - NA -

11. Vehicle Number (in case Of Motor Accident Claim matters):' .'

12. Decided cases with citation:

Date: 24.02.2016

- NA-

p~~ PRASHANT BHUSHAN

AOR for Petitioner(s) / Appellant(s) REGISTRATION No.SlS

Email: [email protected]

A-I

8. Land Acquisition Matters: - NA-

. ........

(a) Date of Section 4 notification: - NA-

(b) Date of Section 6 notification: - NA-

(c) Date of Section 17 notification: - NA-

9. Tax Matters: State the tax effect: - NA-

10. Special Category (first Petitioner / - NA-

appellant only):

D Senior citizen> 65 years D SC/ST Doman/child Dsabled

o Legal Aiel case On custody - NA -

11. Vehicle Number (in case Of Motor Accident Claim matters):' .'

12. Decided cases with citation:

Date: 24.02.2016

- NA-

p~~ PRASHANT BHUSHAN

AOR for Petitioner(s) / Appellant(s) REGISTRATION No.SlS

Email: [email protected]

B

SYNOPSIS AND LIST OF DATES

That the present Writ Petition is being filed under

Article 32 of the Constitution of India by the Petitioner for

enforcement of the fundamental rights guaranteed under

Article 14 and 21 of the Constitution of India. The

immediate cause of filing this petition is the facts which

have come to light about the blatant violation of the rule

of law and also contempt on the face of court committed

by certain la'wyers, including Respondent Nos. 3 to 5, on

15.02.2016 and 17.02.2016 in the Patiala House court

prelnises and cOlnplete inaction of the Delhi Police which I has been exposed by the report of 5 senior advocates

dated 18.02.2016, report dated 19.02.2016 of the

National Hun1an Rights Commission as well the sting

operation dated 22.02.2106 conducted by the India

Today news channel.

09.02.2016 A cultural program called "A Country

Without a Post Office" was organized by

some of the students of the Jawaharlal

Nehru University (hereinafter 'JNU').

10.02.2016 Certain news channels a.iredvideos which

allegedly showed some persons raISIng

alleged anti-national slogans.

12.02.2016 FIR was registered against certain students

of the JNU under Section 124A and 120B of

the Indian Penal Code, 1860.

B

SYNOPSIS AND LIST OF DATES

That the present Writ Petition is being filed under



Article 14 and 21 of the Constitution of India. The

immediate cause of filing this petition is the facts which

have come to light about the blatant violation of the rule

of law and also contempt on the face of court committed

by certain la'wyers, including Respondent Nos. 3 to 5, on

15.02.2016 and 17.02.2016 in the Patiala House court

prelnises and cOlnplete inaction of the Delhi Police which I has been exposed by the report of 5 senior advocates

dated 18.02.2016, report dated 19.02.2016 of the

National Hun1an Rights Commission as well the sting

operation dated 22.02.2106 conducted by the India

Today news channel.

09.02.2016 A cultural program called "A Country

Without a Post Office" was organized by

some of the students of the Jawaharlal

Nehru University (hereinafter 'JNU').

10.02.2016 Certain news channels a.iredvideos which

allegedly showed some persons raISIng

alleged anti-national slogans.

12.02.2016 FIR was registered against certain students

of the JNU under Section 124A and 120B of

the Indian Penal Code, 1860.

17.02.2016 2pm

D

accused namely Kanhaiya Kumar when he

was to be produced before the Metropolitan

Magistrate at the Patiala House Courts at 2

pm and to ensure that the court

proceedings were concluded without any

disruptions.

The Petitioner's counsel got a call from one

of the defense lawyers who had been

permitted by this Hon ble Court to I be

present at the Court of the ShriLoveleen,

Metropolitan Magistrate, Patiala House

Court. The Petitioner's counselwas told that

'; I

total pandemonium had broken out at the

court premises and the' defense lawyers had

been forced to lock themselves inside the

court room in order to save their lives from

the unruly mob of lawyers. The petitioner's

counsel immediately mentioned the events

which were being transpired at the Patiala . . .

House Court premised before the accused

Kanhaiya Kumar could be produced the

MM. While this Hon'ble Court was waiting

to get the version of the Delhi Police on

this, it was brought to the notice of the

17.02.2016 2pm

D

accused namely Kanhaiya Kumar when he

was to be produced before the Metropolitan

Magistrate at the Patiala House Courts at 2

pm and to ensure that the court

proceedings were concluded without any

disruptions.

The Petitioner's counsel got a call from one

of the defense lawyers who had been

permitted by this Hon ble Court to I be

present at the Court of the ShriLoveleen,

Metropolitan Magistrate, Patiala House

Court. The Petitioner's counselwas told that

'; I

total pandemonium had broken out at the

court premises and the' defense lawyers had

been forced to lock themselves inside the

court room in order to save their lives from

the unruly mob of lawyers. The petitioner's

counsel immediately mentioned the events

which were being transpired at the Patiala . . .

House Court premised before the accused

Kanhaiya Kumar could be produced the

MM. While this Hon'ble Court was waiting

to get the version of the Delhi Police on

this, it was brought to the notice of the

E

Hon'ble Court by the petitioner's counsel

and some senior lawyers thatthe accused

person was beaten up and journalists were

also assaulted despite the order passed by

this Hon'ble Court in the morning. This

Hon'ble Court directed a team .of lawyers to

inspect the Patiala House Courts and give a

report.

17.02.2016 At4.05pm The court appointed committee submitted

its oral report that the accused was badly

beaten up, journalists bashed up and

police again failed to maintain law and

order. The committee also mentioned that

they were abused in filthy language and

pelted with flower pots, pebbles and water

bottles'. I t was also informed that

lawyers and journalists were locked inside

the court room.

18.02.2016 The team of 5 senior lawyers who were sent

by this Hon'ble ·Court on 17.02.2016 to

Patiala House Court submitted its written

report to this Hon 'ble Court. The defense I

lawyers also submitted her report before.

this Hon 'ble Court

E

Hon'ble Court by the petitioner's counsel

and some senior lawyers thatthe accused

person was beaten up and journalists were

also assaulted despite the order passed by

this Hon'ble Court in the morning. This

Hon'ble Court directed a team .of lawyers to

inspect the Patiala House Courts and give a

report.

17.02.2016 At4.05pm The court appointed committee submitted

its oral report that the accused was badly

beaten up, journalists bashed up and

police again failed to maintain law and

order. The committee also mentioned that

they were abused in filthy language and

pelted with flower pots, pebbles and water

bottles'. I t was also informed that

lawyers and journalists were locked inside

the court room.

18.02.2016 The team of 5 senior lawyers who were sent

by this Hon'ble ·Court on 17.02.2016 to

Patiala House Court submitted its written

report to this Hon 'ble Court. The defense I

lawyers also submitted her report before.

this Hon 'ble Court

F

18.02.2016 News reports showed that the lawyers ( """'"

leading the assaults on 17.02.2016 and ~

....:0&.

15.02.2016 were the same and that the

said assaults were premeditated. The news

reports also mentioned that the police had

remained mute spectators to this open .~

.';".

violation of the law and the order or' this

Hon'ble Court. One news report carried 'the

first person account of a journalist about

the blatant mockery of the judicial process

and quoted the as saulters viz. "Ab Ie aao

SC koapnesaath. Kahaangaya SC isswaqt?

(Now bring the SC with you. Where is the

SC right now?)".

19.02.2016 An Associate Professor at Centre for

Economic Studies and planning; JNU, Mr.

Himanshu, had accompanied the defense

lawyers to attend the court hearing as a

faculty member, as per the direction of this

Hon'ble Court, and he has also given his

eye-witness account. He confirms that the

accused was attacked by a person wearing

dark sun glasses inside the court room but

" the police did not make any attempt to.

arrest him. The said Associate Professor

F

18.02.2016 News reports showed that the lawyers ( """'"

leading the assaults on 17.02.2016 and ~

....:0&.

15.02.2016 were the same and that the

said assaults were premeditated. The news

reports also mentioned that the police had

remained mute spectators to this open .~

.';".

violation of the law and the order or' this

Hon'ble Court. One news report carried 'the

first person account of a journalist about

the blatant mockery of the judicial process

and quoted the as saulters viz. "Ab Ie aao

SC koapnesaath. Kahaangaya SC isswaqt?

(Now bring the SC with you. Where is the

SC right now?)".

19.02.2016 An Associate Professor at Centre for

Economic Studies and planning; JNU, Mr.

Himanshu, had accompanied the defense

lawyers to attend the court hearing as a

faculty member, as per the direction of this

Hon'ble Court, and he has also given his

eye-witness account. He confirms that the

accused was attacked by a person wearing

dark sun glasses inside the court room but

" the police did not make any attempt to.

arrest him. The said Associate Professor

G

has been able to identify the said assailant

in a photograph published along with a

report In Hindustan Times dated

19.02.2016where he is seen weanng a

checked court and standing along with

other lawyers at the gate of Patiala House

Court.

19.02.2016 The National Human Rights Commission

issued a report on the crackdown of Delhi

police on the students of JNU and the

attack on the accused Kanhaiya Kumar

and others by lawyers in Patiala House

Court. The report has stated that the attack

in the Patiala House courts complex on

Kanhaiya Kumar on Wednesday "appears

to be organised and pre-planned. "

It further stated that the attack on Mr

Kumar, who was. "abused and physically

assaulted by some persons dressed as

advocates", was a major security lapse on

part of the police. The report also pulled up I

Delhi Police for "serious dereliction of duty"

and said it "did not do anything to prevent

the assault" on Kl~mar inside the Patiala

G

has been able to identify the said assailant

in a photograph published along with a

report In Hindustan Times dated

19.02.2016where he is seen weanng a

checked court and standing along with

other lawyers at the gate of Patiala House

Court.

19.02.2016 The National Human Rights Commission

issued a report on the crackdown of Delhi

police on the students of JNU and the

attack on the accused Kanhaiya Kumar

and others by lawyers in Patiala House

Court. The report has stated that the attack

in the Patiala House courts complex on

Kanhaiya Kumar on Wednesday "appears

to be organised and pre-planned. "

It further stated that the attack on Mr

Kumar, who was. "abused and physically

assaulted by some persons dressed as

advocates", was a major security lapse on

part of the police. The report also pulled up I

Delhi Police for "serious dereliction of duty"

and said it "did not do anything to prevent

the assault" on Kl~mar inside the Patiala

H

House Court premIses Wednesday

or"apprehend the attackers".

As per the report, "He was subjected to

psychological pressure duringinterrogatlon. I

The statement, which was issued by police

as an appeal on behalf of Kanhaiya KlJmar, • ~. I.

I

was not written by him voluntarily. The

content, construction and framework of the

statement were as dictated by the police".

22.02.2016 India Today aired a sting operation on 3

lawyer~, viz. Respondent Nos. 3 to 5,

wherein they have been shown saying that

they had beaten up the accused for 3 hours

in the presence of the police personnel. In

fact, they are claiming that the police were

not only supporting them but also

appreciating their acts. The Respondents

have admitted that the attacks were not

spontaneous but in fact were pre-planned.

The Respondent Nos. 3 to 5 also say that

they will the same acts of violence when the

,

accused is produced in the court again.

Respondent No.4 has been found brazenly

saying. that he will get a patrol bomb next·

H

House Court premIses Wednesday

or"apprehend the attackers".


psychological pressure duringinterrogatlon. I

The statement, which was issued by police

as an appeal on behalf of Kanhaiya KlJmar, • ~. I.

I

was not written by him voluntarily. The

content, construction and framework of the

statement were as dictated by the police".

22.02.2016 India Today aired a sting operation on 3

lawyer~, viz. Respondent Nos. 3 to 5,

wherein they have been shown saying that

they had beaten up the accused for 3 hours

in the presence of the police personnel. In

fact, they are claiming that the police were

not only supporting them but also

appreciating their acts. The Respondents

have admitted that the attacks were not

spontaneous but in fact were pre-planned.

The Respondent Nos. 3 to 5 also say that

they will the same acts of violence when the

,

accused is produced in the court again.

Respondent No.4 has been found brazenly

saying. that he will get a patrol bomb next·

I

time and he will not leave him (the accused)

even if he is charged with murder for doing

so. He has also stated on camera that if he

is arrested he would like to go to the same

jail and visit th.e. accused's cell and beat

him up there itself. Link of the said sting

video is as follows:

http:;/indiatoday.intoday.in/ story; exc1usiv

e-kanhaiya-wet-his-pants-while-we-beat-

him-up-in-police-custody-say-lawyers-

behind -patiala-house-

assault/1/602690.html.

23.02.2016 The Times of India published a news story

that a judicial officer of the Patiala House

Court has written .an eye-witness account

to the District Judge concerned about the

incidents of 15.02.2016 and 17.02.2016

wherein he says that the attacks by the

lawyers were one-sided and against all

those who were not ~n lawyers' garbs. ,--

24.02.2016 HENCE THE PRESENT WRIT PETITION

I

time and he will not leave him (the accused)

even if he is charged with murder for doing

so. He has also stated on camera that if he

is arrested he would like to go to the same

jail and visit th.e. accused's cell and beat

him up there itself. Link of the said sting

video is as follows:

http:;/indiatoday.intoday.in/ story; exc1usiv

e-kanhaiya-wet-his-pants-while-we-beat-

him-up-in-police-custody-say-lawyers-

behind -patiala-house-

assault/1/602690.html.

23.02.2016 The Times of India published a news story

that a judicial officer of the Patiala House

Court has written .an eye-witness account

to the District Judge concerned about the

incidents of 15.02.2016 and 17.02.2016

wherein he says that the attacks by the

lawyers were one-sided and against all

those who were not ~n lawyers' garbs. ,--

24.02.2016 HENCE THE PRESENT WRIT PETITION



1

WRIT PETITION (CRL) NO. ___ ...,.--OF 2016

(Petition under Article 32 of the Constitution of India)


IN THE MATTER OF:

KAMINI JAISW~L 43, Lawyers, Chamber, Supreme Court of India, New Delhi - 110001

VERSUS

1. UNION OF INDIA MINISTRY OF HOME AFFAIRS THR.ITS SECRETARY NORTH BLOCK CENTRAL SECRETARIAT NEW DELHI - 110001

2. DELHI POLICE

... PETITIONER

THR. THE COMMISSIONER OF POLICE, I.P. ESTATE, ITO, NEW DELHI

3. VIKRAM SINGH CHAUHAN Advocate Through; Bar Council of India 21, Rouse Avenue Insti~"L!-tional Area,

Near BalBhawan, New Delhi - 110 002

4. YASHPAL SINGH Advocate Through; Bar Council of India

21, Rouse Avenue Institutional Area,




1

WRIT PETITION (CRL) NO. ___ ...,.--OF 2016



IN THE MATTER OF:

KAMINI JAISW~L 43, Lawyers, Chamber, Supreme Court of India, New Delhi - 110001

VERSUS

1. UNION OF INDIA MINISTRY OF HOME AFFAIRS THR.ITS SECRETARY NORTH BLOCK CENTRAL SECRETARIAT NEW DELHI - 110001

2. DELHI POLICE

... PETITIONER

THR. THE COMMISSIONER OF POLICE, I.P. ESTATE, ITO, NEW DELHI

3. VIKRAM SINGH CHAUHAN Advocate Through; Bar Council of India 21, Rouse Avenue Insti~"L!-tional Area,


4. YASHPAL SINGH Advocate Through; Bar Council of India

21, Rouse Avenue Institutional Area,


TO,

5. ,OM SHARMA Advocate Through; Bar Council of India 21, Rouse Avenue Institutional Area,

Near BalBhawan,

2

New Delhi - 110 002 .. , RESPONDENTS

WRIT PETITION UNDER ARTICLE 32 OF

THE CONSTITUTION OF INDIA READ WITH

ARTICLE 21 OF THE CONSTITUTION\ OF

INDIA SEEKING APPROPRIATE

WRIT/DIRECTIONS/ORDERS TO

INSTITUTE A SPECIAL INVESTIGATION

TEAM TO INVESTIGATE THE INCIDENTS

OF ATTACKS ON 15'.02.2016 AND

17.02.2016 BY SOME LAWYERS IN THE

PREMISES OF PATIALA HOUSE COURT ON

THE JOURNALIST, STUDENTS, TEACHERS,

DEFENCE LAWYERS AND THE ACCUSED

PERSON AND ALSO FOR ISSUANCE OF SUO

MOTO CONTEMPT PROCEEDING AGAINST

THE RESPONDENT ADVOCATES FOR

INTERFERING IN THE ADMINISTRATION

OF JUSTICE AND FOR WILLFULLY

VIOLATING THE ORDERS DATED

17.02.2016 OF THIS HON'BLE COURT.

THE HON'BLE THE CHIEF JUSTICE OF INDIA AND 'HIS

COMPANION JUDGES OF THE SUPREME COURT OF

INDIA

THE HUMBLE PETITION OF THE PETITIONER

ABOVENAMED

MOST RESPECTFULLY SHOWETH:

1. That the present Writ Petition IS being filed under

Article 32 of the Constitution of India by the Petitioner for ...... 9


Article 14 and 21 of the Constitution of India. The immediate . cause of filing this petition is the facts which have come to ---

TO,

5. ,OM SHARMA Advocate Through; Bar Council of India 21, Rouse Avenue Institutional Area,

Near BalBhawan,

2

New Delhi - 110 002 .. , RESPONDENTS

WRIT PETITION UNDER ARTICLE 32 OF

THE CONSTITUTION OF INDIA READ WITH

ARTICLE 21 OF THE CONSTITUTION\ OF

INDIA SEEKING APPROPRIATE

WRIT/DIRECTIONS/ORDERS TO

INSTITUTE A SPECIAL INVESTIGATION

TEAM TO INVESTIGATE THE INCIDENTS

OF ATTACKS ON 15'.02.2016 AND

17.02.2016 BY SOME LAWYERS IN THE

PREMISES OF PATIALA HOUSE COURT ON

THE JOURNALIST, STUDENTS, TEACHERS,

DEFENCE LAWYERS AND THE ACCUSED

PERSON AND ALSO FOR ISSUANCE OF SUO

MOTO CONTEMPT PROCEEDING AGAINST

THE RESPONDENT ADVOCATES FOR

INTERFERING IN THE ADMINISTRATION

OF JUSTICE AND FOR WILLFULLY

VIOLATING THE ORDERS DATED

17.02.2016 OF THIS HON'BLE COURT.

THE HON'BLE THE CHIEF JUSTICE OF INDIA AND 'HIS


INDIA


ABOVENAMED

MOST RESPECTFULLY SHOWETH:


Article 32 of the Constitution of India by the Petitioner for ...... 9


Article 14 and 21 of the Constitution of India. The immediate . cause of filing this petition is the facts which have come to ---

I

3

light about the blatant violation of the rule of law and also

contempt on the face of court comm,itted by certain lawyers,

including Respondent Nos. 3 to 5, on 15.02.2016 and ..

17.02.2016 in the Patiala House court premises and

complete inaction of the Delhi Police which has been exposed "}

by the report dated 18/2/16 of 5 senior advocates appointed ,

as court commISSIOners by this court, report dated I

~9.02.2016 of the National Human Rights Commission as

well the sting operation dated 22.02.2106 conducted by the

India Today news channel.

2. The Petitioner is a practicing advocate in this Hon'ble

Court.

3. Respondent No.1 is the Ministry of Home Affairs which

is entrusted with the responsibility of internal security and

law & order, etc. Respondent No. 2 is directly under the

control and supervision of Respondent No. 1. ___

• 4. Respondent NO.2 is Delhi Police. It is the duty of the

Respondent to ensure that there is law and order maintained

in the state of Delhi including Court premises. That the

Respondent No.2 has grossly direlectedin its duties in failing

to provide safety and security to the litigants, journalists ~ ~ 7

others in the Patiala House Court premises on the day when - .

the incident of took place.

I

3

light about the blatant violation of the rule of law and also

contempt on the face of court comm,itted by certain lawyers,

including Respondent Nos. 3 to 5, on 15.02.2016 and ..

17.02.2016 in the Patiala House court premises and

complete inaction of the Delhi Police which has been exposed "}

by the report dated 18/2/16 of 5 senior advocates appointed ,

as court commISSIOners by this court, report dated I

~9.02.2016 of the National Human Rights Commission as

well the sting operation dated 22.02.2106 conducted by the

India Today news channel.

2. The Petitioner is a practicing advocate in this Hon'ble

Court.

3. Respondent No.1 is the Ministry of Home Affairs which

is entrusted with the responsibility of internal security and

law & order, etc. Respondent No. 2 is directly under the

control and supervision of Respondent No. 1. ___

• 4. Respondent NO.2 is Delhi Police. It is the duty of the

Respondent to ensure that there is law and order maintained

in the state of Delhi including Court premises. That the

Respondent No.2 has grossly direlectedin its duties in failing

to provide safety and security to the litigants, journalists ~ ~ 7

others in the Patiala House Court premises on the day when - .

the incident of took place.

4

5. Respondent Nos. 3 to 5 are the, advocates who have

been found to be leading the attacks in the above mentioned

incidents as per various reports including media reports and ...

the sting operation aired on the India Today l-:.ews channel.

Since their addresses are not known to the Petitioner, they

have been Inade parties through Bar Council of Indi~.

6. That the Petitioner has no personal interest involved in

the present matter and only seeks to protect the rights of the

I citizens, litigants who in their individual capacity do not

possess the necessary knowledge or means to approach this

Hon'ble Court to seek redressal of their grievances. That the

... <;.

I

Petitioner is not involved in any litigation before any other

foru111/ court/ authority, which has a nexus with the instant

Petition.

7. It is sublnitted that the Petitioner has not approached

any Respondents or any other authority for the redressal of

his griev~ce all the alleged in this petition are in

public domain and still no action has been taken by the

concerned authorities. . . .. .

8. BRIEF FACTS:'

8.1. On 09.02.2016, a Cl.1ltur9.l progranl. called "A

C011ntry without a Post Office" was organized by

4

5. Respondent Nos. 3 to 5 are the, advocates who have

been found to be leading the attacks in the above mentioned

incidents as per various reports including media reports and ...

the sting operation aired on the India Today l-:.ews channel.

Since their addresses are not known to the Petitioner, they

have been Inade parties through Bar Council of Indi~.

6. That the Petitioner has no personal interest involved in

the present matter and only seeks to protect the rights of the

I citizens, litigants who in their individual capacity do not

possess the necessary knowledge or means to approach this

Hon'ble Court to seek redressal of their grievances. That the

... <;.

I

Petitioner is not involved in any litigation before any other

foru111/ court/ authority, which has a nexus with the instant

Petition.

7. It is sublnitted that the Petitioner has not approached

any Respondents or any other authority for the redressal of

his griev~ce all the alleged in this petition are in

public domain and still no action has been taken by the

concerned authorities. . . .. .

8. BRIEF FACTS:'

8.1. On 09.02.2016, a Cl.1ltur9.l progranl. called "A

C011ntry without a Post Office" was organized by

5

some of the students of the Jawaharlal Nehru

University (hereinafter 'JNU').

8.2. That on 12.02.2016, an FIR was registered against

certain students of the JNU und.er Section 124A

and 120B of the Indian PenaL Code, 1860. On

12.02.2016, Mr. Kanhaiya Kumar, the st,::,!-dent

union president of Jawaharlal Nehr\! University,

\ivas arrested on the basis of the said FIR.

8.3. On 15.02.2016 when Kanhaiya Kumar was to be

produced before the Magistrate at Patiala House

Courts, students and teachers from JNU and

)1 journalists were attacked by some criminal

elements, including advocates and a sitting member

of the Delhi legislative assembly, in Patiala House

Court. The injured journalist.and defense advocates

approached the police to register FIRs on the basis

of a written complaint and to give, the names of the

advocates who were leading the attack but even

though the facts of the said event were in public

d0111ain and the pictures and videos, of the said

advocates and MLA were being circulated in the

lTIedia, still the Delhi police refused to register FIR

on the basis of the said' complaint. Copies of the

some news reports dated 16.02.2016 giving details' --

5

some of the students of the Jawaharlal Nehru

University (hereinafter 'JNU').

8.2. That on 12.02.2016, an FIR was registered against

certain students of the JNU und.er Section 124A

and 120B of the Indian PenaL Code, 1860. On

12.02.2016, Mr. Kanhaiya Kumar, the st,::,!-dent

union president of Jawaharlal Nehr\! University,

\ivas arrested on the basis of the said FIR.

8.3. On 15.02.2016 when Kanhaiya Kumar was to be

produced before the Magistrate at Patiala House

Courts, students and teachers from JNU and

)1 journalists were attacked by some criminal

elements, including advocates and a sitting member

of the Delhi legislative assembly, in Patiala House

Court. The injured journalist.and defense advocates

approached the police to register FIRs on the basis

of a written complaint and to give, the names of the

advocates who were leading the attack but even

though the facts of the said event were in public

d0111ain and the pictures and videos, of the said

advocates and MLA were being circulated in the

lTIedia, still the Delhi police refused to register FIR

on the basis of the said' complaint. Copies of the

some news reports dated 16.02.2016 giving details' --

6

of the said events at Patiala House are annexed

herewith as ANNEXURE P-l (Pages D.'A-'>it}.The

aforesaid facts have been also confirmed by 5

faculty members of the JNU who were present in the

Patiala House Court premises on 15.02.2016. A

copy of the said report dated nil is annexed ..... ,.

here\;\iith as ANNEXURE P-2' (Pages ~~Sb).

Despite the fact that the entire incident was widely

reported in newspaper reports and some of I the

lawyers, including the Respondent Nos 3 tc?? were

not only identified but they also admitted their ("

involvement, still the. police did not make anl --attempt to arrest them.

8.4. That on 16.02.2016, the above-mentioned events of

15.02.2016 led to the filing of a writ petition before

this Hon'ble Court. In the morning of 17.02.2016

after a detailed hearing, this Hon'ble Court issued

detailed orders to ensure safety of the acc~;ed

nmnely Kanhaiya Kumar when ~e was to be ;;=- --

produced before the Metropolitan 'Magistrate at the

-Patiala House Courts at 2 pm and to ensure that

the ~:s!t proceedings were concluded without ~ ---~

disruptions. A copy of the .order dated 17.02.2016 in

the Writ petition (Criminal) No. 25 o~ .. 2016 is'

6

of the said events at Patiala House are annexed

herewith as ANNEXURE P-l (Pages D.'A-'>it}.The

aforesaid facts have been also confirmed by 5

faculty members of the JNU who were present in the

Patiala House Court premises on 15.02.2016. A

copy of the said report dated nil is annexed ..... ,.

here\;\iith as ANNEXURE P-2' (Pages ~~Sb).

Despite the fact that the entire incident was widely

reported in newspaper reports and some of I the

lawyers, including the Respondent Nos 3 tc?? were

not only identified but they also admitted their ("

involvement, still the. police did not make anl --attempt to arrest them.

8.4. That on 16.02.2016, the above-mentioned events of

15.02.2016 led to the filing of a writ petition before

this Hon'ble Court. In the morning of 17.02.2016

after a detailed hearing, this Hon'ble Court issued

detailed orders to ensure safety of the acc~;ed

nmnely Kanhaiya Kumar when ~e was to be ;;=- --

produced before the Metropolitan 'Magistrate at the

-Patiala House Courts at 2 pm and to ensure that

the ~:s!t proceedings were concluded without ~ ---~

disruptions. A copy of the .order dated 17.02.2016 in

the Writ petition (Criminal) No. 25 o~ .. 2016 is'

7

annexed and marked as ANNEXURE P~3(Pages

8.5. That. on 17.02.2016, at around 2 pm,thePetitioner's /'

counsel got a call from one of the defense lawyers

who had been permitted by this Hon ble Court to be

present at the Court of the ShriLoveleen, ."".

Metropolitan Magistrate, Patiala House C01?-~.t. The

Petitioner's counsel was told that total

pandemonium had bro~ep out at the court premises

and the defense lawyers had been forced to lock

themselves inside the court room in order to save

their lives from the unruly mob of lawyers. The

petitioner's counsel immediately mentioned the

even ts which were being transpired at the Patiala

House Court premised before the accused Kanhaiya

Kun1ar could be produced the MM. While this

Hon'ble Court was waiting to get the version of the

Delhi Police on this, it was brought to the notice of

the Hon ble Court by the petitioner's counsel and

some senior lawyers that the accused person was

beaten up and journalists assaulted again despite

the order passed by this Hon ble Court in the

I

morning. This. Hon ble Court directed a team of

lavvyers to inspect the Patiala House Courts and.

gIve a report. A copy of the second order dated

7

annexed and marked as ANNEXURE P~3(Pages

8.5. That. on 17.02.2016, at around 2 pm,thePetitioner's /'

counsel got a call from one of the defense lawyers

who had been permitted by this Hon ble Court to be

present at the Court of the ShriLoveleen, ."".

Metropolitan Magistrate, Patiala House C01?-~.t. The

Petitioner's counsel was told that total

pandemonium had bro~ep out at the court premises

and the defense lawyers had been forced to lock

themselves inside the court room in order to save

their lives from the unruly mob of lawyers. The

petitioner's counsel immediately mentioned the

even ts which were being transpired at the Patiala

House Court premised before the accused Kanhaiya

Kun1ar could be produced the MM. While this

Hon'ble Court was waiting to get the version of the

Delhi Police on this, it was brought to the notice of

the Hon ble Court by the petitioner's counsel and

some senior lawyers that the accused person was

beaten up and journalists assaulted again despite

the order passed by this Hon ble Court in the

I

morning. This. Hon ble Court directed a team of

lavvyers to inspect the Patiala House Courts and.

gIve a report. A copy of the second order dated

8

17.02.2016 of this Honble Court in Writ petition

(Criminal) No. 2S of 2016 is annexed herewith as

ANNEXURE P-4(Pages 49~L{ 6 ).

8.6.That. on 17.02.2016, at 4.05pm,

the court appointed committee submitted its oral

report that tlle accused was badly beate12-:.: 'up, .\ ..

journalists bashed up and police again failed to

maintain law and order. The committee also

men tioned that they were abused in filthy language

and pelt.ed with flower pots, pebbles and water

bottles. It was also informed that

laV;T:;lers and journalists were locked inside the court

rOOlTI.

8.7 That on 18.02.2016; News reports showed that the ----,..,. - -;:::::=-

lawyers leading the assaults on 17.02.2016 and

15.02.2016 were the same and that the said

assaults were premeditated. The news reports also

mentioned that the police had remained mute

spectators to this open violation of the law and the

order of this Hon 'ble Court. Copies of the said News

.. ' Reports dated 18.02.2016 are annexed and marked

as ANNEXURE P-S(Pages 41--61.0ne news report

carried the first person account of a j ournalis t

about the blatant mockery of the judicial process'

8

17.02.2016 of this Honble Court in Writ petition

(Criminal) No. 2S of 2016 is annexed herewith as

ANNEXURE P-4(Pages 49~L{ 6 ).

8.6.That. on 17.02.2016, at 4.05pm,

the court appointed committee submitted its oral

report that tlle accused was badly beate12-:.: 'up, .\ ..

journalists bashed up and police again failed to

maintain law and order. The committee also

men tioned that they were abused in filthy language

and pelt.ed with flower pots, pebbles and water

bottles. It was also informed that

laV;T:;lers and journalists were locked inside the court

rOOlTI.

8.7 That on 18.02.2016; News reports showed that the ----,..,. - -;:::::=-

lawyers leading the assaults on 17.02.2016 and

15.02.2016 were the same and that the said

assaults were premeditated. The news reports also

mentioned that the police had remained mute

spectators to this open violation of the law and the

order of this Hon 'ble Court. Copies of the said News

.. ' Reports dated 18.02.2016 are annexed and marked

as ANNEXURE P-S(Pages 41--61.0ne news report

carried the first person account of a j ournalis t

about the blatant mockery of the judicial process'

9

and quoted the assaulters V1Z. "Ab Ie aao SC

koapnesaath. Kahaangaya SC isswaqt? (Now bring

the SC with you. Where is the SC right now?) ".

,--

8.8 The team of 5 senior lawyers who were sent by thi$

Hon'ble Court on 17.02.2016 to Patiala House Court ,

submitted its written r~port to this Han ble <;~ur.t.

They have observed the following facts in the said

report:

(The atmosphere outside was surcharged and

intimidating. Abuses were also shouted and hurled

on Mr. Sibal and all other committee members. Then~

was an instigation to intimidate the committee

members and create an atmosphere of fear and

terror. The upbeat mood of the crowd in lawyers)

dress who con~inuously were shouting slogans and

abuses to present a terrorizing atmosphere was

clearly visible. )) The P9lice team which had

accompanied the Committee members from the

Hon'ble Supreme Court realized the gravity of the

situation and circled the Committee members by

forming a Security nng of the officers as the

Committee rnembers started walking from the court

room towards the gate to gQ (sic) the Supreme Court

In the police vehicles. Said ring of the police'

9

and quoted the assaulters V1Z. "Ab Ie aao SC

koapnesaath. Kahaangaya SC isswaqt? (Now bring

the SC with you. Where is the SC right now?) ".

,--

8.8 The team of 5 senior lawyers who were sent by thi$

Hon'ble Court on 17.02.2016 to Patiala House Court ,

submitted its written r~port to this Han ble <;~ur.t.

They have observed the following facts in the said

report:

(The atmosphere outside was surcharged and

intimidating. Abuses were also shouted and hurled

on Mr. Sibal and all other committee members. Then~

was an instigation to intimidate the committee

members and create an atmosphere of fear and

terror. The upbeat mood of the crowd in lawyers)

dress who con~inuously were shouting slogans and

abuses to present a terrorizing atmosphere was

clearly visible. )) The P9lice team which had

accompanied the Committee members from the

Hon'ble Supreme Court realized the gravity of the

situation and circled the Committee members by

forming a Security nng of the officers as the

Committee rnembers started walking from the court

room towards the gate to gQ (sic) the Supreme Court

In the police vehicles. Said ring of the police'

10

officers/ cordone was broken on more than three

occasions by the lawyers who were present in the

Court Compound despite the presence of other DE(lhi

Police Personnel. There was continuous 'slogan

raising) shouting) hurling of abuses throughout. After

coming out of the court bUIlding within the premises ",

of the Patiala House Court) sand stones were thrown

on the members of the Committee. Even a sharp piece

of a broken flower pot was also thrown. A half-filled

plastic water bottle was also thrown. The

intimidating shouting and chanting of slogans

continued. That but for the security ring provided by

the officers of the Supreme Court Security police) it

would not have been possible for the Committee

members to come out unscathed. It was only on

account of the security cover provided by the DCP Mr.

Bharadwaj of the Supreme . Court and his personnel

accompanying the members that the committee

members could be safely evacuated from Court I

premises. Though ther,e. was large number of police

personnel deployed) they could not contain the other ==-

All Committee members felt that the atmosphere) to

say the least not being at all congenial) was

)

10

officers/ cordone was broken on more than three

occasions by the lawyers who were present in the

Court Compound despite the presence of other DE(lhi

Police Personnel. There was continuous 'slogan

raising) shouting) hurling of abuses throughout. After

coming out of the court bUIlding within the premises ",

of the Patiala House Court) sand stones were thrown

on the members of the Committee. Even a sharp piece

of a broken flower pot was also thrown. A half-filled

plastic water bottle was also thrown. The

intimidating shouting and chanting of slogans

continued. That but for the security ring provided by

the officers of the Supreme Court Security police) it

would not have been possible for the Committee

members to come out unscathed. It was only on

account of the security cover provided by the DCP Mr.

Bharadwaj of the Supreme . Court and his personnel

accompanying the members that the committee

members could be safely evacuated from Court I

premises. Though ther,e. was large number of police

personnel deployed) they could not contain the other ==-

All Committee members felt that the atmosphere) to

say the least not being at all congenial) was

)

11

surcharging, threatening and frightening and the

Police had completely failed in its duty to contain the

atmosphere and the crowd.))

As per the said report, "According to Committee

melnbers unanimously) the responsibility had to be

fastened on all the police personnel who .: .. were .'1,

present there and were aware of the direction of this

Hon'ble Court despite this unauthorisedly two

persons were knowingly permitted to enter and let

assault take place in the Court Room and outside in

the Court premises.

A copy of the report dated 18.02.2016 by a team of

5 senior law'yers annexed hereto as ANNEXURE p-

61Pages bS,- \01-).

The defense lawyers also submitted their report

before this Hon 'bl~ Court wherein they have ,given

their eye-witness account. They have in th'e"lr report

affirmed that the accused was badly beaten by the

lavryers when qe was brought to the court building

and also inside the Court hall no. 3 by an

unidentified person. Copy of the report of defense

lavvyers dated nil is being annexed hereto as

ANNEXURE P-7(Pages (1,)g---/1J ).

11

surcharging, threatening and frightening and the

Police had completely failed in its duty to contain the

atmosphere and the crowd.))

As per the said report, "According to Committee

melnbers unanimously) the responsibility had to be

fastened on all the police personnel who .: .. were .'1,

present there and were aware of the direction of this

Hon'ble Court despite this unauthorisedly two

persons were knowingly permitted to enter and let

assault take place in the Court Room and outside in

the Court premises.

A copy of the report dated 18.02.2016 by a team of

5 senior law'yers annexed hereto as ANNEXURE p-

61Pages bS,- \01-).

The defense lawyers also submitted their report

before this Hon 'bl~ Court wherein they have ,given

their eye-witness account. They have in th'e"lr report

affirmed that the accused was badly beaten by the

lavryers when qe was brought to the court building

and also inside the Court hall no. 3 by an

unidentified person. Copy of the report of defense

lavvyers dated nil is being annexed hereto as

ANNEXURE P-7(Pages (1,)g---/1J ).

12

The report dated 17.02.2016 by the Registrar

General, High Court of Delhi raises question about

the role of Sh. JatinNarwal,DCP, New Delhi who

despite insistence on the part of the ld. Registrar

General of the Delhi High Court, did not apprehend

the unauthorized person in plain clothes present in

,

the Court of the Id. MM.Apart from the aforesaid

reports, a report dated 19.02.2106 by ShriAjit

Kumar Sinha, Sr. Advocate who had gone with the

team of 5 senior lawyers and the report dated

19.02.2016 of. the Delhi Police, have also been

submitted before this Hon ble Court. Copy of report

dated 17.02.2016 by the Registrar General, High

Court of Delhi is being annexed hereto as

ANNEXURE P-8(Pages 11'.2. ... 1?. 0 }. Copy of thereport

dated 19.02.2106 by ShriAjit Kumar Sinha, Sr.

Advocate is being annexed hereto as ANNEXURE p-

9(Pages \~) ).Copy of the report dated

19.02.2016 of the Delhi Policeis being annexed

hereto as ANNEXURE P-IO(Pages Id?-.-Idf ).

8.9. That on 19.02.2016, the National Human Rights

COlnmission issued a report on the crackdown of

Delhi police on, the students of JNU and the attack,

on the accused Kanhaiya Kumar and others by

12

The report dated 17.02.2016 by the Registrar

General, High Court of Delhi raises question about

the role of Sh. JatinNarwal,DCP, New Delhi who

despite insistence on the part of the ld. Registrar

General of the Delhi High Court, did not apprehend

the unauthorized person in plain clothes present in

,

the Court of the Id. MM.Apart from the aforesaid

reports, a report dated 19.02.2106 by ShriAjit

Kumar Sinha, Sr. Advocate who had gone with the

team of 5 senior lawyers and the report dated

19.02.2016 of. the Delhi Police, have also been

submitted before this Hon ble Court. Copy of report

dated 17.02.2016 by the Registrar General, High

Court of Delhi is being annexed hereto as

ANNEXURE P-8(Pages 11'.2. ... 1?. 0 }. Copy of thereport

dated 19.02.2106 by ShriAjit Kumar Sinha, Sr.

Advocate is being annexed hereto as ANNEXURE p-

9(Pages \~) ).Copy of the report dated

19.02.2016 of the Delhi Policeis being annexed

hereto as ANNEXURE P-IO(Pages Id?-.-Idf ).

8.9. That on 19.02.2016, the National Human Rights

COlnmission issued a report on the crackdown of

Delhi police on, the students of JNU and the attack,

on the accused Kanhaiya Kumar and others by

13 ,

la\vyeTs in Patiala House Court. The report has

stated that the attack in the Patiala House courts

cOlnplex on Kanhaiya Kumar on Wednesday

"appears to be organised and pre-planned."

It further stated that the attack on Mr Kumar, 'who

was "abused and physically assaulted by some . ~~;.:

, "

persons dressed as advocates", was a major security

lapse on part of the police. The report also pulled up

Delhi Police for "serious dereliction' of duty" and

said it "did not do anything to prevent the assault"

on Kumar inside the Patiala House Court premises

Wednesday or "apprehend the attackers" .


psychological pressure during interrogation. I The

staten1ent, which was issued by police as an' appeal

on behalf of Kanhaiya Kumar, was not written by

hin1 voluntarily. The' content, construction and

frarnework of the statement were as dictated by the

police" A copy of the new report dated 19.02.2016 is

annexed herewith as ANNEXURE P-ll(Pages '~SO-/3J. I

,

On 17/2/16, an Associate Professor at Centre for

EconOlnic Studies and planning, JNU, Mr.

Himanshu, had accompanied the defense lawyers to

attend the court hearing as a faculty member, as '

per the direction of this Hon 'ble Court, and he has

13 ,

la\vyeTs in Patiala House Court. The report has

stated that the attack in the Patiala House courts

cOlnplex on Kanhaiya Kumar on Wednesday

"appears to be organised and pre-planned."

It further stated that the attack on Mr Kumar, 'who

was "abused and physically assaulted by some . ~~;.:

, "

persons dressed as advocates", was a major security

lapse on part of the police. The report also pulled up

Delhi Police for "serious dereliction' of duty" and

said it "did not do anything to prevent the assault"

on Kumar inside the Patiala House Court premises

Wednesday or "apprehend the attackers" .


psychological pressure during interrogation. I The

staten1ent, which was issued by police as an' appeal

on behalf of Kanhaiya Kumar, was not written by

hin1 voluntarily. The' content, construction and

frarnework of the statement were as dictated by the

police" A copy of the new report dated 19.02.2016 is

annexed herewith as ANNEXURE P-ll(Pages '~SO-/3J. I

,

On 17/2/16, an Associate Professor at Centre for

EconOlnic Studies and planning, JNU, Mr.

Himanshu, had accompanied the defense lawyers to

attend the court hearing as a faculty member, as '

per the direction of this Hon 'ble Court, and he has

14

also given his eye-witness accol;lnt. He confirms that

the accused was attacked by a person wearing dark

sun glasses inside the court room but the police did

not lnal<e any attempt to arrest him. The said

Associate Professor has been able to identify the

said assailant in a photograph published along with ~,

•••• /0.

, .

a report in Hindustan Times dated 19.02.2016

where he is seen wearing a checked court and

standing along with, other lavryers at the gate of

Patiala House Court. Copy of, the eye-witness

account of Mr. Himashu, Associate Professor, JNU

dated nil is annexed hereto as ANNEXURE p-

12(Pages ~~(~3' Copy of the Hindustan Times

report dated 19.02.2016 is being annexed hereto as

ANNEXURE 'P-13(Pages (3 Y ).

8.10.' That on 22.02.2016, India Today aired a sting

operation on 3 lawyers, viz. Respondent Nos. 3 to 5,

wherein they have been shown saying that they had

beaten up the accused for 3 hours in the presence

of the police personnel. In fact, they are claiming

that the police were not only supporting them but

also appreciating their acts. The Respondents have

admitted that the attacks were not spontaneous but,

in fact were pre-planned. The Re:spondent Nos. 3 to

14

also given his eye-witness accol;lnt. He confirms that

the accused was attacked by a person wearing dark

sun glasses inside the court room but the police did

not lnal<e any attempt to arrest him. The said

Associate Professor has been able to identify the

said assailant in a photograph published along with ~,

•••• /0.

, .

a report in Hindustan Times dated 19.02.2016

where he is seen wearing a checked court and

standing along with, other lavryers at the gate of

Patiala House Court. Copy of, the eye-witness

account of Mr. Himashu, Associate Professor, JNU

dated nil is annexed hereto as ANNEXURE p-

12(Pages ~~(~3' Copy of the Hindustan Times

report dated 19.02.2016 is being annexed hereto as

ANNEXURE 'P-13(Pages (3 Y ).

8.10.' That on 22.02.2016, India Today aired a sting

operation on 3 lawyers, viz. Respondent Nos. 3 to 5,

wherein they have been shown saying that they had

beaten up the accused for 3 hours in the presence

of the police personnel. In fact, they are claiming

that the police were not only supporting them but

also appreciating their acts. The Respondents have

admitted that the attacks were not spontaneous but,

in fact were pre-planned. The Re:spondent Nos. 3 to

15

5 also say that they will repeat the same acts of

violence when the accused is produced in the court

again. Respondent No.4 has been found brazenly

saying that he will get a patrol bomb next time and

he vvill not leave him (the accused) even if he is

charged with murder for doing so. He has also ''.'},

, ..

stated on camera that if he is arrested he would like

to go to the same jail and visit the accused's cell

and beat him up there itself. A copy of the news

report dated 22.02.2016 containing the transcript of

relevan t extracts downloaded from the India today I

website is annexed herewith as ANNEXURE p-

14(Pagesj?f{-\SfLink of the said sting video IS as

follows:

http:// indiatoday.intoday.in I story! exclusive-

kanhaiva-wet-his-pants~while-we-beat-him-up-in-

police-custody-say-lawyers-behind-patiala-house-

assault/1/602690,html.

I 8.11. That on 23.02.2016, the Times of India published a

news story that a judicial officer of the Patiala

House Court has written an eye-witness account to

the District Judge concerned about the incidents of

15.02.2016 and 17.02.2016 wherein he says that

the attacks by the lawyers were one-sided and

15

5 also say that they will repeat the same acts of

violence when the accused is produced in the court

again. Respondent No.4 has been found brazenly

saying that he will get a patrol bomb next time and

he vvill not leave him (the accused) even if he is

charged with murder for doing so. He has also ''.'},

, ..

stated on camera that if he is arrested he would like

to go to the same jail and visit the accused's cell

and beat him up there itself. A copy of the news

report dated 22.02.2016 containing the transcript of

relevan t extracts downloaded from the India today I

website is annexed herewith as ANNEXURE p-

14(Pagesj?f{-\SfLink of the said sting video IS as

follows:

http:// indiatoday.intoday.in I story! exclusive-

kanhaiva-wet-his-pants~while-we-beat-him-up-in-

police-custody-say-lawyers-behind-patiala-house-

assault/1/602690,html.

I 8.11. That on 23.02.2016, the Times of India published a

news story that a judicial officer of the Patiala

House Court has written an eye-witness account to

the District Judge concerned about the incidents of

15.02.2016 and 17.02.2016 wherein he says that

the attacks by the lawyers were one-sided and

8.12.

16

against all those who were not In lawyers' garbs.

The saidreport dated 23.02.2016 is annexed as

Annexure P/15. ( lfClJ€ (~V

That on 24.02.2016, apparently Respondent

No.4 was arrested and later let out on bail.

9. In the light of all the facts and circumstances

narrated above, the petitioner seeks the intervention

of the court on the following among other:

GROUNDS

A. Because the inaction of the Delhi Police In

preventing the events of 15.02.2016 and 17.02.2016

at Patiala House Court appears deliberate and

malafide and has led to and threatens the

fundamental rights if people guaranteed by article

21 of the Constitution of India.

B. Because the reports of the Court Commissioners

and that of the National Human Rights Commission

has not only indicted the Delhi Police for its failure

to prevent the attacks by the lawyers and to ensure

the safety of the accused person but the NHRC has

also adversely commented upon, the manner Hl

which the Delhi Police has forced the accused to

issue a statement while in custody.

8.12.

16

against all those who were not In lawyers' garbs.

The saidreport dated 23.02.2016 is annexed as

Annexure P/15. ( lfClJ€ (~V

That on 24.02.2016, apparently Respondent

No.4 was arrested and later let out on bail.

9. In the light of all the facts and circumstances

narrated above, the petitioner seeks the intervention

of the court on the following among other:

GROUNDS

A. Because the inaction of the Delhi Police In

preventing the events of 15.02.2016 and 17.02.2016

at Patiala House Court appears deliberate and

malafide and has led to and threatens the

fundamental rights if people guaranteed by article

21 of the Constitution of India.

B. Because the reports of the Court Commissioners

and that of the National Human Rights Commission

has not only indicted the Delhi Police for its failure

to prevent the attacks by the lawyers and to ensure

the safety of the accused person but the NHRC has

also adversely commented upon, the manner Hl

which the Delhi Police has forced the accused to

issue a statement while in custody.

17

C. Because vanous eye witness accounts from

15.02.2016 and 17.02.2016 also state that the

police had remained mute spectators to the acts of

violence comlnitted by the lawyers and others.

D. Because the said sting operation. shows the

Respondent Nos. 3-5 stating that the police;~\wel:"e

not only supporting them but also appreciating

their acts, thereby substantiating the a~counts from

all sources that the police were not doing their duty

of maintaining order and not 'implementing the

orders of the court. In such circumstances, it would

be futile to allow the same Police to investigate the

events of 15 and 17 Feb at Patiala House, and that

a fair investigation would only be possible through

an SIT appointed by this court.

E. Because the said sting operation shows the

Respondent Nos. 3-5 stating that they will repeat

the same acts of violence when the accused is

produced in the court again. Respondent No.4 has

been found brazenly saying that he will get a petrol

bomb next time and he . will not leave him (the

accused) even if he is charged with murder for doing .. '

so, He has also stated on camera that if he is

arrested he would li~~ to go to the same jail and

17

C. Because vanous eye witness accounts from

15.02.2016 and 17.02.2016 also state that the

police had remained mute spectators to the acts of

violence comlnitted by the lawyers and others.

D. Because the said sting operation. shows the

Respondent Nos. 3-5 stating that the police;~\wel:"e

not only supporting them but also appreciating

their acts, thereby substantiating the a~counts from

all sources that the police were not doing their duty

of maintaining order and not 'implementing the

orders of the court. In such circumstances, it would

be futile to allow the same Police to investigate the

events of 15 and 17 Feb at Patiala House, and that

a fair investigation would only be possible through

an SIT appointed by this court.

E. Because the said sting operation shows the

Respondent Nos. 3-5 stating that they will repeat

the same acts of violence when the accused is

produced in the court again. Respondent No.4 has

been found brazenly saying that he will get a petrol

bomb next time and he . will not leave him (the

accused) even if he is charged with murder for doing .. '

so, He has also stated on camera that if he is

arrested he would li~~ to go to the same jail and

19

visit the accused's cell and beat him up there itself.

This raises serious apprehension about the safety of

the accused person and others attending the court

proceedings in future.

F. Because the report of the NHRC as well as· the sting

operation conducted by the India Today show that

the attacks on 15.02.2016 and 17.02.2016 were

pren1editated and thus the attacking lawyers

including the Respondent advocates had cOIDlnitted

conten1pt in the face of law by interfering·iil. the

achninistration of Justice.

'G. Because the Respondent advocates have

deliberately violated the orders passed by this

Hon'ble Court on 17,02.2016 and thus committed

vvillful defiance of this Hon ble Court's orders and

thereby COlTIlTIitting conten1pt of this Hon'ble Court.

10. That the Petitioners have not filed any

Petition before any High Court or this Hon'ble

Court seeking the same or similar relief. No injury

is caused or likely to be caused to the public.

PAAYER

Under the circuI11stances 111entioned above, it IS

1110St hUlnbly prayed that this Hon 7ble Court:

19

visit the accused's cell and beat him up there itself.

This raises serious apprehension about the safety of

the accused person and others attending the court

proceedings in future.

F. Because the report of the NHRC as well as· the sting

operation conducted by the India Today show that

the attacks on 15.02.2016 and 17.02.2016 were

pren1editated and thus the attacking lawyers

including the Respondent advocates had cOIDlnitted

conten1pt in the face of law by interfering·iil. the

achninistration of Justice.

'G. Because the Respondent advocates have

deliberately violated the orders passed by this

Hon'ble Court on 17,02.2016 and thus committed

vvillful defiance of this Hon ble Court's orders and

thereby COlTIlTIitting conten1pt of this Hon'ble Court.

10. That the Petitioners have not filed any

Petition before any High Court or this Hon'ble

Court seeking the same or similar relief. No injury

is caused or likely to be caused to the public.

PAAYER

Under the circuI11stances 111entioned above, it IS

1110St hUlnbly prayed that this Hon 7ble Court:

a.

19

Issue an appropriate writ, order oydirection to

constitute a Special Inve~tig$.tion Team to

investigate the incidents of attacks on 15.02.2016

and 17.02.2016 by some lavvyers and others in th

pren1ises of Patiala house court on the journalists,

students, teachers, defense lavvyfu aI:.S. __ the \,

accused person, and, 'if found guilty, initiate action . -

theln in accordance with law

b. Iss'ue suo 1110tO conten1pt proceeding against the

Respondent Nos. 3-5 for interfering In the

adlninistration of justice and for willfully violat~ng

the orders dated 17.02.2016 of this Hon'b1e Court,

and, if found guilty, take consequent action there . . f h .. -------1 . . /)

c.

upon In exerCIse 0 t e constltutlOna provlslO~

Pass

may

r-" such further and other orders as the Court

~ deen1 fit in the interest of justice and

CirCUITIstances of the present case. r-

FILED BY:

PRASHAI'{T BHUSHAN ADVOCATE FOR THE PETITIONER

DRAWN BY:

(~ DRAWN ON: 23.02.2016 FILED ON: ,~,02.2016

a.

19

Issue an appropriate writ, order oydirection to

constitute a Special Inve~tig$.tion Team to

investigate the incidents of attacks on 15.02.2016

and 17.02.2016 by some lavvyers and others in th

pren1ises of Patiala house court on the journalists,

students, teachers, defense lavvyfu aI:.S. __ the \,

accused person, and, 'if found guilty, initiate action . -

theln in accordance with law

b. Iss'ue suo 1110tO conten1pt proceeding against the


adlninistration of justice and for willfully violat~ng

the orders dated 17.02.2016 of this Hon'b1e Court,

and, if found guilty, take consequent action there . . f h .. -------1 . . /)

c.

upon In exerCIse 0 t e constltutlOna provlslO~

Pass

may

r-" such further and other orders as the Court

~ deen1 fit in the interest of justice and

CirCUITIstances of the present case. r-

FILED BY:

PRASHAI'{T BHUSHAN ADVOCATE FOR THE PETITIONER

DRAWN BY:

(~ DRAWN ON: 23.02.2016 FILED ON: ,~,02.2016


(CRIMINAL ORIGINAL JURISDICTION)

WRIT PETITION (CRIMINAL) No. of 2016

IN THE MATTER OF PUBLIC INTEREST LITIGATION:

KAMINI J AI SW AL

VERSUS

UNION OF INDIA & OTHERS

... PETITIONER

... RESPONDENTS

AFFIDAVIT

I, Ms. Kamini Jaiswal, aged 58 years, D / 0 Shri R S Jaiswal,

having its office at 43, Lawyer's Chambers, Supreme Court of

India, New Delhi do hereby solemnly affirm and state on oath

as under:-

1. That I mn the Petitioner in the aforementioned writ

petition and am well conversant with the facts and records of

I

the case and therefore, competent and authorized to swear

this affidavit.

2. That I have read the contents of the List of dates and

Synopsis (Pages ~_to -:I_L Writ P~tition (Pages _l~ to ~, ."..

para 1 __ - ~~L), and Application for Interim Direction (Pages _

to __ ) and the contents of the smne are believed to ,be true

and correct to the best of my knowledge and based on the

records of the case.

3. I further state that all the Annexures to this Writ Petition

are true copies of their respective originals. The instant public

interest litigation is being filed without' guided by any

personal interest, private motive or oblique reasons.

4. I state that I have accordingly instructed my advocate

on record and the Writ Petition and h t e accompanying


(CRIMINAL ORIGINAL JURISDICTION)

WRIT PETITION (CRIMINAL) No. of 2016

IN THE MATTER OF PUBLIC INTEREST LITIGATION:

KAMINI J AI SW AL

VERSUS

UNION OF INDIA & OTHERS

... PETITIONER

... RESPONDENTS

AFFIDAVIT

I, Ms. Kamini Jaiswal, aged 58 years, D / 0 Shri R S Jaiswal,

having its office at 43, Lawyer's Chambers, Supreme Court of

India, New Delhi do hereby solemnly affirm and state on oath

as under:-

1. That I mn the Petitioner in the aforementioned writ

petition and am well conversant with the facts and records of

I

the case and therefore, competent and authorized to swear

this affidavit.

2. That I have read the contents of the List of dates and

Synopsis (Pages ~_to -:I_L Writ P~tition (Pages _l~ to ~, ."..

para 1 __ - ~~L), and Application for Interim Direction (Pages _

to __ ) and the contents of the smne are believed to ,be true

and correct to the best of my knowledge and based on the

records of the case.

3. I further state that all the Annexures to this Writ Petition

are true copies of their respective originals. The instant public

interest litigation is being filed without' guided by any

personal interest, private motive or oblique reasons.

4. I state that I have accordingly instructed my advocate

on record and the Writ Petition and h t e accompanying

application for interilTI direction have been drafted on the

basis of my instruction as stated above.

DEPONENT

VERIFICATION:

I the above named deponent do hereby verify that the

contents of the aforesaid affidavit from .para to are true " .~ .. ~,

and correct to the best of my knowledge, no part of it is false

nothing material has been concealed there from.

Verified at Nevv Delhi on this theO}..(1Jday February, 2016.

DEPONENT

application for interilTI direction have been drafted on the

basis of my instruction as stated above.

DEPONENT

VERIFICATION:


contents of the aforesaid affidavit from .para to are true " .~ .. ~,

and correct to the best of my knowledge, no part of it is false

nothing material has been concealed there from.

Verified at Nevv Delhi on this theO}..(1Jday February, 2016.

DEPONENT

ANNetUK~~ P~l~ /

Sharma and his associates .beat me up for 15 minutes, d.~

police didn't intervene: Ameeque Jamei

Jamei claimed he was attacked when the group from the

Tanzeern "raised slogans for Arun J aitley to answer for the

state's excesses".

493 1190 .' . .... , ..

Written by Naveed Iqbal I New Delhi I Published:February 16,

2016 2:51 mTI

CPI minority cell general secretary Ameeque J amei .being led away a3 MLA 0 P Sharma's supporters stop him. (Express Photo Ravi Kanojia)

As lavryers targeted students and journalists inside the

premises of the Patiala House Courts Complex Monday, a

melTIber of the CPT's minority cell, present in court to support

arrested JNU students' union president Kanhaiya Kumar, was

assaulted by BJP IvILA 0 P Sharma and his supporters.

"About 70 of us from Tanzeem-e-Insaaf, CPI's minority cell,

were at the court to support Kanhaiya. We saw the lawyers

attacking students and journalists. They were swearing and

ANNetUK~~ P~l~ /

Sharma and his associates .beat me up for 15 minutes, d.~

police didn't intervene: Ameeque Jamei

Jamei claimed he was attacked when the group from the

Tanzeern "raised slogans for Arun J aitley to answer for the

state's excesses".

493 1190 .' . .... , ..

Written by Naveed Iqbal I New Delhi I Published:February 16,

2016 2:51 mTI

CPI minority cell general secretary Ameeque J amei .being led away a3 MLA 0 P Sharma's supporters stop him. (Express Photo Ravi Kanojia)

As lavryers targeted students and journalists inside the

premises of the Patiala House Courts Complex Monday, a

melTIber of the CPT's minority cell, present in court to support

arrested JNU students' union president Kanhaiya Kumar, was

assaulted by BJP IvILA 0 P Sharma and his supporters.

"About 70 of us from Tanzeem-e-Insaaf, CPI's minority cell,

were at the court to support Kanhaiya. We saw the lawyers

attacking students and journalists. They were swearing and

raIsIng slogans to incite us and police stood by watching. We

moved out because we did not want to engage' them," said

general secretary of the cell Ameeque Jamei (37).

LayyYers Attack JNU Students, Media At Patiala House Court:

The Big Questions The Incident Throws Up

J amei claimed he was qttacked when the. group from the

Tanzeem "raised slogans for Arun Jaitley to answer for the

state's excesses". "When Arun Jaitley's car was leaving, we

raised a slogan for him to answer for Kanhaiya's arrest and

what was happening in JNU. That's when Sharma' and another

person, Marhwah, ran after me. Someone grabbed my collar

and pushed Ine to the ground. Sharma and his associates beat

me up for 15 minutes. Yet police didn't intervene," said Jamei .

.. _-_ ... ------------_.-_ .. _-_ .. _. __ ...... __ .... --

raIsIng slogans to incite us and police stood by watching. We

moved out because we did not want to engage' them," said

general secretary of the cell Ameeque Jamei (37).

LayyYers Attack JNU Students, Media At Patiala House Court:

The Big Questions The Incident Throws Up

J amei claimed he was qttacked when the. group from the

Tanzeem "raised slogans for Arun Jaitley to answer for the

state's excesses". "When Arun Jaitley's car was leaving, we

raised a slogan for him to answer for Kanhaiya's arrest and

what was happening in JNU. That's when Sharma' and another

person, Marhwah, ran after me. Someone grabbed my collar

and pushed Ine to the ground. Sharma and his associates beat

me up for 15 minutes. Yet police didn't intervene," said Jamei .

.. _-_ ... ------------_.-_ .. _-_ .. _. __ ...... __ .... --

http.lltimesofindia. indiatimes.com/city/deihi/One-of-them-said-bone-bhi-todenge-phone-bhi-

todenge/articieshow/51001849.cms

'One of thern said, bone bhi todenge, phone bhi todenge'

NEVV DELHI: /\s a reporter covering proceedings at the Patiala House courts, . i thought Monday vvould be a regular day's work, with perhaps the hearing in the sedition case against Ji\JU students' union president Kanhaiya Kumar being the day's h hiifJht. As usual I made small talk with some of my sources there. I didn't sense 2d-lything extraordinary, and remained unperturbed even vvhen I ovecheaJc\ Ci Icl'vvye:- tefling one of my sources that there would be some

unQalTia" c:lt tile COiilpiex, taking it to be the inanity of a boastful lawyer.

f\ "few hour~) later, limbs p;:Jra!yzed by fear, shocked and reduced to tears,

for a safe nook with fellow journalists -- mostly vvomen -

ish I hac! been to take the morning's remark so lightly. For

more an 13rI hour and half on Monday, we, the members of the media, were

at the mercy of )21'Nj/8rs \/vho reatened us crudely, physically assaulted sonie

u;; for being "anti-national",

The first sian of t(oubie came around 2pm when we saw women teachers of ,:;

,Ji\JU being manhandied in the courtroom where the sedition case was to be

heard, T\i\!o JNU stucL~:nt::) were also beaten by lawyers in full sight of

complaisant police pc::rsonneL The violent methods adopted by the men in

black forced the people from JNU to vacate the room.

The agitators' attention then turned to us. We thought our press 10 cards

\Nould guarantee us ~:;afety, but of course that wasn't to be. A journalist who

sported a beard was called a traitor and his lD dismissed as fake by t0e ,

assailants; I was that I looked like a JNU student and was ab\. . ri'~hIY

/~ '\ G \:.:.-:.c. ~ '.. '\ "' ~~ ,\'<\

\". ",-V l' \?'~, ~,vt·, ~ tt\. ~,,' \ . .,. .-~ " \)'

\fJ\'.,~'-1·~':\.)"\'" tf;{i".

f':· l ""'""', . ~""',,~.'

,".f,"~~- . ';::"';'0;'\\.'-

.:"'.~"~<'\." .

') "

http.lltimesofindia. indiatimes.com/city/deihi/One-of-them-said-bone-bhi-todenge-phone-bhi-

todenge/articieshow/51001849.cms

'One of thern said, bone bhi todenge, phone bhi todenge'

NEVV DELHI: /\s a reporter covering proceedings at the Patiala House courts, . i thought Monday vvould be a regular day's work, with perhaps the hearing in the sedition case against Ji\JU students' union president Kanhaiya Kumar being the day's h hiifJht. As usual I made small talk with some of my sources there. I didn't sense 2d-lything extraordinary, and remained unperturbed even vvhen I ovecheaJc\ Ci Icl'vvye:- tefling one of my sources that there would be some

unQalTia" c:lt tile COiilpiex, taking it to be the inanity of a boastful lawyer.

f\ "few hour~) later, limbs p;:Jra!yzed by fear, shocked and reduced to tears,

for a safe nook with fellow journalists -- mostly vvomen -

ish I hac! been to take the morning's remark so lightly. For

more an 13rI hour and half on Monday, we, the members of the media, were

at the mercy of )21'Nj/8rs \/vho reatened us crudely, physically assaulted sonie

u;; for being "anti-national",

The first sian of t(oubie came around 2pm when we saw women teachers of ,:;

,Ji\JU being manhandied in the courtroom where the sedition case was to be

heard, T\i\!o JNU stucL~:nt::) were also beaten by lawyers in full sight of

complaisant police pc::rsonneL The violent methods adopted by the men in

black forced the people from JNU to vacate the room.

The agitators' attention then turned to us. We thought our press 10 cards

\Nould guarantee us ~:;afety, but of course that wasn't to be. A journalist who

sported a beard was called a traitor and his lD dismissed as fake by t0e ,

assailants; I was that I looked like a JNU student and was ab\. . ri'~hIY

/~ '\ G \:.:.-:.c. ~ '.. '\ "' ~~ ,\'<\

\". ",-V l' \?'~, ~,vt·, ~ tt\. ~,,' \ . .,. .-~ " \)'

\fJ\'.,~'-1·~':\.)"\'" tf;{i".

f':· l ""'""', . ~""',,~.'

,".f,"~~- . ';::"';'0;'\\.'-

.:"'.~"~<'\." .

') "

The frenzied !avvyers threatened to teach us, "deshdrohi (traitorous)

journalists", a lesson. I'Bone bhi todenge aur phone bhi todenge, (We will

break your phones as we!! as your bones,lI rasped an angry advocate. From

rny five-year experience of legal reporting, I thought things would be fine once

the judge emerged fmrn his charnber. But even as the pro-BJP/anti-JNU

slogans got rnore raucous, the judge did not make an appearance. Instead,

corralled by them, we continued to be tortured physically and mentally.

By now the number of assailants had gone up from the initial 40 to around

200. Fisticuffs broke a when a journalist took out his phone to record a clip

of lavvyers huriinQ eJbuses US.! was shoved around but kept hoping that

tnfjs vI/au n't QE::i. . Then a cold fright took hold of me as I saw

anci pu

h-::.,ic"iesq ! it:d, I '''- v.

turn is yoms)."

rig up ur journalists inside the courtroom. They kicked

nt of rny eyes and all I could do was stand by

e unmoved cops to intenJene, an action that only

() beQan shouting, "Agli baari tumhari hai (The next

F our of us, all \/vOiTF31':, \i\/ere advised by the female cops to l1 understand the

mood and go Cl\i\!i:l . VVe thought the senior most judicial officer of the Paiiala

House Court, the d judge. would be able to help us. VVe ran the few

metres froili when::; we were to the district judge's court and asked the staff

there to fiet us an appoint!llent with the judge, only to be told that he was

"sittin~1 with a vF..:ry senim cop" and qould not come out.

A mob of around ei~jht chased us, forced their entry into the district judge's

court and surrounded us on all sides. They snatched our phones and checked

the devices for videos and photos. They made menacing gestures, but finally

relented when court staff requested them to leave us alone.

ed around 3.45pm when we managed to escape the

rear gate, which was the only one open, the other

more frequently u:::ed ones all blocked by the agitated lawyers.

The frenzied !avvyers threatened to teach us, "deshdrohi (traitorous)

journalists", a lesson. I'Bone bhi todenge aur phone bhi todenge, (We will

break your phones as we!! as your bones,lI rasped an angry advocate. From

rny five-year experience of legal reporting, I thought things would be fine once

the judge emerged fmrn his charnber. But even as the pro-BJP/anti-JNU

slogans got rnore raucous, the judge did not make an appearance. Instead,

corralled by them, we continued to be tortured physically and mentally.

By now the number of assailants had gone up from the initial 40 to around

200. Fisticuffs broke a when a journalist took out his phone to record a clip

of lavvyers huriinQ eJbuses US.! was shoved around but kept hoping that

tnfjs vI/au n't QE::i. . Then a cold fright took hold of me as I saw

anci pu

h-::.,ic"iesq ! it:d, I '''- v.

turn is yoms)."

rig up ur journalists inside the courtroom. They kicked

nt of rny eyes and all I could do was stand by

e unmoved cops to intenJene, an action that only

() beQan shouting, "Agli baari tumhari hai (The next

F our of us, all \/vOiTF31':, \i\/ere advised by the female cops to l1 understand the

mood and go Cl\i\!i:l . VVe thought the senior most judicial officer of the Paiiala

House Court, the d judge. would be able to help us. VVe ran the few

metres froili when::; we were to the district judge's court and asked the staff

there to fiet us an appoint!llent with the judge, only to be told that he was

"sittin~1 with a vF..:ry senim cop" and qould not come out.

A mob of around ei~jht chased us, forced their entry into the district judge's

court and surrounded us on all sides. They snatched our phones and checked

the devices for videos and photos. They made menacing gestures, but finally

relented when court staff requested them to leave us alone.

ed around 3.45pm when we managed to escape the

rear gate, which was the only one open, the other

more frequently u:::ed ones all blocked by the agitated lawyers.

2.b

JNU Crackdown: Lawyers beat up journalists as student leader

Kanhaiya is produced in court

The escalating stand-off over the arrest-of JNU students union president

Kanhaiva Kumar on sedition charges today saw the students going on ~

strike demanding his immediate release. Scuffle broke out in Patiala

House court 'when' JNUSU President Kanhaiya Kumar was being

produced. The court, later, extended Kanhaiya's police custody for 2

more days

IndiaTodav.in

New Delhi, February 15, 2016 I Posted by Sangeeta Ojha I UPDATED 21 :38 lST

Protests in JNU

The escalating stand-off over the arrest of ]},ru students union president

Kanhaiya Kumar on sedition charges today saw the students going on strike demanding his immediate release. Scuffle broke out in Patiala House court when JNUSU President Kanhaiya Kumar was being produced. The court, later, extended Kanhaiya's police custody for 2 more clays .

. TNU teachers and students supporting Kumar claimed that the)r" were

manhandled and forced out of court by lawyers shouting slogans - "Long Live India, down with JNU". Kanhaiya KUl11(l.r was arrested last Friday by for participating in the Afzal Guru event on F,ebruary 9, in which anti-India slogans were raised.

TV Today reporters Anusha Soni and Poonam Sharma were manhandleej by protesting lawyers inside the Patiala I-louse COLlrt. The repoliers were pushed out Of the court and their mobile phones were also snatched by the

2.b

JNU Crackdown: Lawyers beat up journalists as student leader

Kanhaiya is produced in court

The escalating stand-off over the arrest-of JNU students union president

Kanhaiva Kumar on sedition charges today saw the students going on ~

strike demanding his immediate release. Scuffle broke out in Patiala

House court 'when' JNUSU President Kanhaiya Kumar was being

produced. The court, later, extended Kanhaiya's police custody for 2

more days

IndiaTodav.in

New Delhi, February 15, 2016 I Posted by Sangeeta Ojha I UPDATED 21 :38 lST

Protests in JNU

The escalating stand-off over the arrest of ]},ru students union president

Kanhaiya Kumar on sedition charges today saw the students going on strike demanding his immediate release. Scuffle broke out in Patiala House court when JNUSU President Kanhaiya Kumar was being produced. The court, later, extended Kanhaiya's police custody for 2 more clays .

. TNU teachers and students supporting Kumar claimed that the)r" were

manhandled and forced out of court by lawyers shouting slogans - "Long Live India, down with JNU". Kanhaiya KUl11(l.r was arrested last Friday by for participating in the Afzal Guru event on F,ebruary 9, in which anti-India slogans were raised.

TV Today reporters Anusha Soni and Poonam Sharma were manhandleej by protesting lawyers inside the Patiala I-louse COLlrt. The repoliers were pushed out Of the court and their mobile phones were also snatched by the

rampaging lawyers. Delhi Police constables present inside the court campus

did little to stop the lawyers from resorting to violence. A Delhi BJP MLA OP Sharma and few others were also caught on camera

attacking a person outside the court premises. However, Sharma denied thrashing anyone, but said that people who raise qnti-India slogan should be

punished. " When \ve were coming out of the court, we heard someone shouting "Pakistan zindabad". vVhen I objected to it, I was pushed. A few people present there then attacked that person," Sharma said. AIJun Patnaik, president of JNU Teachers Association said that he. along with some other teachers had gone to the court to attend hearing of the case involving Kanhaiya Kumar. Patnaik said some lawyers manhandled JNU teachers without any provocation. "\Ve went there to see the JNlJSl) president. We were manhandled there,

woml1n teachers Vlere also pushed by some men. Police was present but did nothing to stop the attackers. This is unfortunate and we wish to highlight this via media," Patnaik said.A A Here are the latest developments in the story

1. Many students at the J awaharlal Nehru University(JNU)hav~ refused to attend classes today in protest against the arrest of Kanhaiya Kumar on sedition charges.

2. BJP chief Amit Shah today attacked the Congress over the JNU row. Hitting out atJ<-ahul Gandhi, the BJP chief asked if the Congress vice-president had joined hands with separatist forces ?-nd wanted another division of India.

3. Left parties today said they will "fight out" any threat and are "not. ~~orried" about being labelled as "anti-national" for their stance on the J1\~J row after CPM leader S itaram Yechury allegedly received threat calls over the issue.

4. W~ are looking into the content of various tweets which are blasphemous and objectionable: Delhi Police Commissioner Bassi said.

5. Vice Chancellor Jagadeesh Kumar appealed to protesting students to return to their classes and said an inquiry into the Afzal Guru event would be completed by February 25.

6. I-lome Minister .R~lJ)a\b Singh on Suncby said that the Afzal Guru event at JNU w?-s "supported by terror mastermind Hafiz Saeed". '

7. "'vVhat happened at JNU has been fully supported by Lashka1' chief Hafiz Saeed. I appeal to all political par1ies that whenever such situations arise

V where anti-India slogans are raised, the entire nation must speak in one voice," the home minister had said.

8. JN1) students union president Kanhaiya Kumar was arrested last week in connection \vith a case of sedition and criminal conspiracy registered over holding of the event at the varsity during which anti-India slogans were alleged to have been raised.

rampaging lawyers. Delhi Police constables present inside the court campus

did little to stop the lawyers from resorting to violence. A Delhi BJP MLA OP Sharma and few others were also caught on camera

attacking a person outside the court premises. However, Sharma denied thrashing anyone, but said that people who raise qnti-India slogan should be

punished. " When \ve were coming out of the court, we heard someone shouting "Pakistan zindabad". vVhen I objected to it, I was pushed. A few people present there then attacked that person," Sharma said. AIJun Patnaik, president of JNU Teachers Association said that he. along with some other teachers had gone to the court to attend hearing of the case involving Kanhaiya Kumar. Patnaik said some lawyers manhandled JNU teachers without any provocation. "\Ve went there to see the JNlJSl) president. We were manhandled there,

woml1n teachers Vlere also pushed by some men. Police was present but did nothing to stop the attackers. This is unfortunate and we wish to highlight this via media," Patnaik said.A A Here are the latest developments in the story

1. Many students at the J awaharlal Nehru University(JNU)hav~ refused to attend classes today in protest against the arrest of Kanhaiya Kumar on sedition charges.

2. BJP chief Amit Shah today attacked the Congress over the JNU row. Hitting out atJ<-ahul Gandhi, the BJP chief asked if the Congress vice-president had joined hands with separatist forces ?-nd wanted another division of India.

3. Left parties today said they will "fight out" any threat and are "not. ~~orried" about being labelled as "anti-national" for their stance on the J1\~J row after CPM leader S itaram Yechury allegedly received threat calls over the issue.

4. W~ are looking into the content of various tweets which are blasphemous and objectionable: Delhi Police Commissioner Bassi said.

5. Vice Chancellor Jagadeesh Kumar appealed to protesting students to return to their classes and said an inquiry into the Afzal Guru event would be completed by February 25.

6. I-lome Minister .R~lJ)a\b Singh on Suncby said that the Afzal Guru event at JNU w?-s "supported by terror mastermind Hafiz Saeed". '

7. "'vVhat happened at JNU has been fully supported by Lashka1' chief Hafiz Saeed. I appeal to all political par1ies that whenever such situations arise

V where anti-India slogans are raised, the entire nation must speak in one voice," the home minister had said.

8. JN1) students union president Kanhaiya Kumar was arrested last week in connection \vith a case of sedition and criminal conspiracy registered over holding of the event at the varsity during which anti-India slogans were alleged to have been raised.

11 I;

9. His arrest has triggered \lv'idespread outrage among students and teachers and

drawn severe criticism from non-BJP political palties.

1 O.The university teachers had on Sunday rallied behind its protesting students

and questioned the administration's decision to allow the police crackdown

on the campus even as they .appealed to the public not to "brand'" the

institution as "anti-national".

11 I;

9. His arrest has triggered \lv'idespread outrage among students and teachers and

drawn severe criticism from non-BJP political palties.

1 O.The university teachers had on Sunday rallied behind its protesting students

and questioned the administration's decision to allow the police crackdown

on the campus even as they .appealed to the public not to "brand'" the

institution as "anti-national".

t The Goon. Court ttacker Posted Pies With

I ,

J eaders On Faceb k' /\11 India 1 Reported by Sunetra Choudhury, Edited by Oeepshikha Ghosh I Updated: February 16, 2016 18:58 1ST

ij

Vikram Singh Chauhan, one of the main attackers in the court violence

New ~elhi: Though a police complaint h b ' , for the assault on JNU teacher d . as, een filed agamst unknown persons

s an Journalists at a Delhi court yesterday, one of

t The Goon. Court ttacker Posted Pies With

I ,

J eaders On Faceb k' /\11 India 1 Reported by Sunetra Choudhury, Edited by Oeepshikha Ghosh I Updated: February 16, 2016 18:58 1ST

ij

Vikram Singh Chauhan, one of the main attackers in the court violence

New ~elhi: Though a police complaint h b ' , for the assault on JNU teacher d . as, een filed agamst unknown persons

s an Journalists at a Delhi court yesterday, one of

30 . .

the main attackers is a face familiar in courts and has been photograp,hed with

mary BJP leaders. I;

Vikram Singh Chauhan was at the dead centre of the attack on teachers, students and journalists who were waiting at the court for a student of JNU or Jawaharlal Nehru University arrested on sedition charges to be produced.

Speaking to NDTV, Mr Chauhan said he did organize a protest against "antinationals" but it got out of hand as lawyers were provoked by JNU teachers.

"VVe asked them to vacate seats for elderly lawyers. They asked me for my I-card. I said you want to divide Kashmir and Kerala, they said they were never a part of India. They started hooting," Mr Chauhan told NDTV, asserting that "students started the fight."

He claimed t~at "two lecturers said they will start beating us as they are more in number."

On camera, it is Mr Chauhan who is seen beating people. He allegedly shouted lIanti-nationals go to Pakistan" and "Bharat Mata ki Jail!, He also threatened NDTV's Sonal Mehrotra, demanding that she hand over her mobile phone, with which'she had filmed some of the violence,

In one image, Mr Chauhan, in a black jacket, is seen holding and beating a person believed to be a Left activist.

Presenting a sharp contrast is another set of photographs on Mr Chauhan's Facebook page, in which he is seen with top BJP leaders including Home Minister Rajnath Singh and veteran LK Advani.

30 . .

the main attackers is a face familiar in courts and has been photograp,hed with

mary BJP leaders. I;

Vikram Singh Chauhan was at the dead centre of the attack on teachers, students and journalists who were waiting at the court for a student of JNU or Jawaharlal Nehru University arrested on sedition charges to be produced.

Speaking to NDTV, Mr Chauhan said he did organize a protest against "antinationals" but it got out of hand as lawyers were provoked by JNU teachers.

"VVe asked them to vacate seats for elderly lawyers. They asked me for my I-card. I said you want to divide Kashmir and Kerala, they said they were never a part of India. They started hooting," Mr Chauhan told NDTV, asserting that "students started the fight."

He claimed t~at "two lecturers said they will start beating us as they are more in number."

On camera, it is Mr Chauhan who is seen beating people. He allegedly shouted lIanti-nationals go to Pakistan" and "Bharat Mata ki Jail!, He also threatened NDTV's Sonal Mehrotra, demanding that she hand over her mobile phone, with which'she had filmed some of the violence,

In one image, Mr Chauhan, in a black jacket, is seen holding and beating a person believed to be a Left activist.

Presenting a sharp contrast is another set of photographs on Mr Chauhan's Facebook page, in which he is seen with top BJP leaders including Home Minister Rajnath Singh and veteran LK Advani.

Mr Chauhan denied that he belongs to any political party but he regularly s~nds ou,t invitations on VVhatsApp to BJP events and urges people to be on time before a leader is to arrive.

"

. '.(

. '"",r,

Mr Chauhan denied that he belongs to any political party but he regularly s~nds ou,t invitations on VVhatsApp to BJP events and urges people to be on time before a leader is to arrive.

"

. '.(

. '"",r,

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tuo.

The violence erupted just before JNU student leader Kanhaiya Kumar, arrested over anti-India slogans shouted at a controversial event in support of terrorist Afzai Guru, was to be brought before a judge. Story First Published: February 16, 2016 14:03 1ST

s~; . i,., I) _/ ~ '.IV. """", ....... , ... _, , ""\0,/\\0 ,,_ II~ _ __ ,," _ ........ """ , •. , ......... _, '1""''''''' 1,.""""'''"'' ...... :::;;_ ,_, 10,1"" "I_" .... ~- )"'- .. ---

tuo.

The violence erupted just before JNU student leader Kanhaiya Kumar, arrested over anti-India slogans shouted at a controversial event in support of terrorist Afzai Guru, was to be brought before a judge. Story First Published: February 16, 2016 14:03 1ST

J' 33

Patiala HOllse scuffle: Delhi Police say trying to identify men who led attacks, here are some of them

While police said they were trying to identify those who led the attack, The Indian Express caught up with four men involved in Monday's assault.

Written by Abhishck Angad ,Pragva KausIlika . . ,-.- ,~

New DelhiUpdated: Feb 17,2016,11:06

Yashpai Singh (L), Vikram Chauhan (C) and Om Sharma (R) during the $ssault at Patiaia House Courts on Monday and in Delhi a day later. (Express Photo Abhishek Angad) A day after studentsancl journalists were attacked at Patiala House Courts complex, the Delhi Police registereel t\\lO FIRs against "unknown persons", while Police Commissioner B S Bassi said a probe had been ordered into alleged police negligence. While police said they were trying to identify those who led the attack, The Indian g~J2re~ caught up \\lith four men involved in Monday's assault. All four l'dentiflecl themselves as practising lawyer admitted that they were at the court when the attack took place. One of them, Vikram Singh Chauhan, does not have a chamber in Patiala House. He said that around I pm on Ivlonday, courtroom number six was packed with people. "We \vent

;'1 for the hearing and found the courtroom full of JNU students and teachers. We asked lhem to leave because some lawyers wanted to attend the hearing. Instead, they asked us for ID cards. We were angry because we had valid identity cards. They were here just to create nuisance," he said.

On Tuesday, as photos of him with BJP leaders, including Home Minister J3..ainath :2.ULgfl and BJP spokesperson Sambit Patra, started doing the rounds on social media, he said, "I have a picture with singer Atif Aslam. Does that mean I am a Pakistani? I am in a picture with a JD(U) leader too." . Yashpal Singh (L), Vikram Chauhan (C) and Om Sharma (R). (Express Photo Abhishek Angad) Yashpal Singh, who was also seen assaulting students, said he has been a lawyer for 15 veal's. and was once an additional secretary of the Delhi Bar Association. Singh said JNU ~tude~1ts and teachers w~re reluctant to leave the courtroor~,1. "They saidKaslimi,[ or Kerala were never part oflnelia and that it shouldn't matter to you. The intent of the JNt)

J' 33

Patiala HOllse scuffle: Delhi Police say trying to identify men who led attacks, here are some of them

While police said they were trying to identify those who led the attack, The Indian Express caught up with four men involved in Monday's assault.

Written by Abhishck Angad ,Pragva KausIlika . . ,-.- ,~

New DelhiUpdated: Feb 17,2016,11:06

Yashpai Singh (L), Vikram Chauhan (C) and Om Sharma (R) during the $ssault at Patiaia House Courts on Monday and in Delhi a day later. (Express Photo Abhishek Angad) A day after studentsancl journalists were attacked at Patiala House Courts complex, the Delhi Police registereel t\\lO FIRs against "unknown persons", while Police Commissioner B S Bassi said a probe had been ordered into alleged police negligence. While police said they were trying to identify those who led the attack, The Indian g~J2re~ caught up \\lith four men involved in Monday's assault. All four l'dentiflecl themselves as practising lawyer admitted that they were at the court when the attack took place. One of them, Vikram Singh Chauhan, does not have a chamber in Patiala House. He said that around I pm on Ivlonday, courtroom number six was packed with people. "We \vent

;'1 for the hearing and found the courtroom full of JNU students and teachers. We asked lhem to leave because some lawyers wanted to attend the hearing. Instead, they asked us for ID cards. We were angry because we had valid identity cards. They were here just to create nuisance," he said.

On Tuesday, as photos of him with BJP leaders, including Home Minister J3..ainath :2.ULgfl and BJP spokesperson Sambit Patra, started doing the rounds on social media, he said, "I have a picture with singer Atif Aslam. Does that mean I am a Pakistani? I am in a picture with a JD(U) leader too." . Yashpal Singh (L), Vikram Chauhan (C) and Om Sharma (R). (Express Photo Abhishek Angad) Yashpal Singh, who was also seen assaulting students, said he has been a lawyer for 15 veal's. and was once an additional secretary of the Delhi Bar Association. Singh said JNU ~tude~1ts and teachers w~re reluctant to leave the courtroor~,1. "They saidKaslimi,[ or Kerala were never part oflnelia and that it shouldn't matter to you. The intent of the JNt)

people was clear, they were here to create a ruckus. We called up the Tilak Marg SI-IO I

and narrated the incident," he said. He said police told them that since there were many women inside the courtroom, it would be impossible to clear them out. Women police officers arrived later, he said. "They stClrted arguing Vv'ith us and said, 'We are 60 people in the room, we can beat you up'. One of them pushed us," he said. La\vyer Om Sharma. who has a chamber each at Patiala House and Saket Court complexes, \-vas also seen assaulting students. "After they (the students) pushed us, the situation \vent out of control. They were also raising slogans and we were angry," he said, adding that a fight ensued between lawyers and JNU stu(iel1ts. Sharma denied that la\-vvers had attacked the media. "There were a few ,TNU students

" who had dressed up in black robes. I suspect they were the ones doing it," he said, adding that they were only targeting those who looked like JNU students.

Delhi BJP vice-president Abhay Verma, who was with BJP MLA 0 P 'Sharma when he assaulted cpr leader Ameeque Jamei, Galled the whole incident "spontaneous". An advocate by profession, Verma contested the Delhi assembly elections in 2013 and lost. ~'I do not know how I will react again ifI listen to anti~national slogans. On Monday, when I heard what this man said, rashtrabhakti ubhar aayi (patriotism swelled within me)," said V erma. Verma said he WilS in the Patiala I-louse Courts with the BJP MLA to ~upPQrt Finance Minister Arun Jaitlev, who appeared in court in connection with a defamation case against Chief Minister Arvind Kejriwal. "There was an altercation with the man in question. Sharma was attacked and blood was oozing from his head. We tried to reason with those shouting anti-national slogans. After hearing anti-national slogans, I lost my temper too," said Verma. A former secretary of the Bar Council, Verma said he was acting in self defence. Asked about his party's response, he said, "The party is very upset with me. But it \vas not inmy hands. It happened because my homeland was verbally abused," he said ..

people was clear, they were here to create a ruckus. We called up the Tilak Marg SI-IO I

and narrated the incident," he said. He said police told them that since there were many women inside the courtroom, it would be impossible to clear them out. Women police officers arrived later, he said. "They stClrted arguing Vv'ith us and said, 'We are 60 people in the room, we can beat you up'. One of them pushed us," he said. La\vyer Om Sharma. who has a chamber each at Patiala House and Saket Court complexes, \-vas also seen assaulting students. "After they (the students) pushed us, the situation \vent out of control. They were also raising slogans and we were angry," he said, adding that a fight ensued between lawyers and JNU stu(iel1ts. Sharma denied that la\-vvers had attacked the media. "There were a few ,TNU students

" who had dressed up in black robes. I suspect they were the ones doing it," he said, adding that they were only targeting those who looked like JNU students.

Delhi BJP vice-president Abhay Verma, who was with BJP MLA 0 P 'Sharma when he assaulted cpr leader Ameeque Jamei, Galled the whole incident "spontaneous". An advocate by profession, Verma contested the Delhi assembly elections in 2013 and lost. ~'I do not know how I will react again ifI listen to anti~national slogans. On Monday, when I heard what this man said, rashtrabhakti ubhar aayi (patriotism swelled within me)," said V erma. Verma said he WilS in the Patiala I-louse Courts with the BJP MLA to ~upPQrt Finance Minister Arun Jaitlev, who appeared in court in connection with a defamation case against Chief Minister Arvind Kejriwal. "There was an altercation with the man in question. Sharma was attacked and blood was oozing from his head. We tried to reason with those shouting anti-national slogans. After hearing anti-national slogans, I lost my temper too," said Verma. A former secretary of the Bar Council, Verma said he was acting in self defence. Asked about his party's response, he said, "The party is very upset with me. But it \vas not inmy hands. It happened because my homeland was verbally abused," he said ..

We, the Endcrsigned faculty members of lawaharlal Nehru University, reached P!1tiala house

court no 4, between I ,00 and 1,15 pm on 15 February 2016 to attend the hearing on KanhaiY8

Kumar's hearing, The sole objective of our decision to be there was that yvhen Kanhaiya Kumar

was produced he would see the faces of his teachers in the courtroom. Initially, we waited 011 the

benches outside the courtroom, along with a fe\'l jElumalists,

When the courtroom was opened, we were let in and sat down on the chairs. In another five

minutes, t\VO or three policemen came into the room and we were allowed to remain seated,

About fifteen minuws later, about ten-twelve men dressed i.n lawyer's clothes rushed in shouting

at us to get out. These la\vyers led by Mr. Vikram Singh Chauhan (whose name \ve could

recognize after the newspaper atiicies published the next day) They crowded the small room and

abused us, saying that JNU teachers were anti-national and "deshdrohis", that we were all

"Pakistanis" and asking us "\\hat kind of anti national education do you give your students"?

We tried to reason \vith them not to be abusive, and said that we had a right to be in thc

courtroom, but they continued to heckle llS as "Pakistanis", and told us that the scats \.vere for

lawyers alone, The pol icc kept on just watching and did not il1tervene to stop them. Most us

even got up and told them that they could take our chairs and we vvould just stand outside, but

they immediately started pushing us out of the courtroom, One of us. Rohit. who was standing at

the back was grabbed by his collar and dragged towards the centre of the courtroom, When vve

formed a human chain to save us from this attack, Mr. Chauhan slapped Rohit thrice on his face,

Women [acuity close to him pleaded with them io stop but they continued hurling abuses and

pushed him, Profs, Neem Kongari and hnaki Nair outside the courtroom, Some of the women

faculty \vere pushed and jostled and touched inappropriately, Most of the men dressed in

lawyers' clOlhes rushed out ancr them.

We could hear sounds of men shouting from outside. and fearing that we would be subject to

even greater physical violence, five women faculty -- Prof'), Ayesha Kidwai, Madhu Sahni\

Nivcdita I\'[enon, Susan Viswanathan, and Chitm Ilarshvardhan, once again sat down, A larger

contingent of policemen entered the COUliroom and asked us to vacate the courtroom, Somc of

the aggressive I2l\N)ers came back in and although we pleaded with the police to hold them back,

they did !lot even ask these lawyers to leave, Instead they were allowed to enter and leave the ... ... . 01 .

couliroont as they wished, 'vVe asked the police to bring us orders from the magistrate asking us

to clem' the Cl)UrlrOOm and demanded to be esc011ed out of the building, We were told that the

magistrate had given verbal orders to the police to cl.car the'courtroom, but \VC insisted that we be

given police protection throughout. When a contingent of policewomen arrived, it took the police

We, the Endcrsigned faculty members of lawaharlal Nehru University, reached P!1tiala house

court no 4, between I ,00 and 1,15 pm on 15 February 2016 to attend the hearing on KanhaiY8

Kumar's hearing, The sole objective of our decision to be there was that yvhen Kanhaiya Kumar

was produced he would see the faces of his teachers in the courtroom. Initially, we waited 011 the

benches outside the courtroom, along with a fe\'l jElumalists,

When the courtroom was opened, we were let in and sat down on the chairs. In another five

minutes, t\VO or three policemen came into the room and we were allowed to remain seated,

About fifteen minuws later, about ten-twelve men dressed i.n lawyer's clothes rushed in shouting

at us to get out. These la\vyers led by Mr. Vikram Singh Chauhan (whose name \ve could

recognize after the newspaper atiicies published the next day) They crowded the small room and

abused us, saying that JNU teachers were anti-national and "deshdrohis", that we were all

"Pakistanis" and asking us "\\hat kind of anti national education do you give your students"?

We tried to reason \vith them not to be abusive, and said that we had a right to be in thc

courtroom, but they continued to heckle llS as "Pakistanis", and told us that the scats \.vere for

lawyers alone, The pol icc kept on just watching and did not il1tervene to stop them. Most us

even got up and told them that they could take our chairs and we vvould just stand outside, but

they immediately started pushing us out of the courtroom, One of us. Rohit. who was standing at

the back was grabbed by his collar and dragged towards the centre of the courtroom, When vve

formed a human chain to save us from this attack, Mr. Chauhan slapped Rohit thrice on his face,

Women [acuity close to him pleaded with them io stop but they continued hurling abuses and

pushed him, Profs, Neem Kongari and hnaki Nair outside the courtroom, Some of the women

faculty \vere pushed and jostled and touched inappropriately, Most of the men dressed in

lawyers' clOlhes rushed out ancr them.

We could hear sounds of men shouting from outside. and fearing that we would be subject to

even greater physical violence, five women faculty -- Prof'), Ayesha Kidwai, Madhu Sahni\

Nivcdita I\'[enon, Susan Viswanathan, and Chitm Ilarshvardhan, once again sat down, A larger

contingent of policemen entered the COUliroom and asked us to vacate the courtroom, Somc of

the aggressive I2l\N)ers came back in and although we pleaded with the police to hold them back,

they did !lot even ask these lawyers to leave, Instead they were allowed to enter and leave the ... ... . 01 .

couliroont as they wished, 'vVe asked the police to bring us orders from the magistrate asking us

to clem' the Cl)UrlrOOm and demanded to be esc011ed out of the building, We were told that the

magistrate had given verbal orders to the police to cl.car the'courtroom, but \VC insisted that we be

given police protection throughout. When a contingent of policewomen arrived, it took the police

10 minutes to flnd a \,vay to cscoli us out of the courtroom as the dOOT\vay and the courtyard was

hlocked by shouting I'l\vyers. The police \-vere forced to find another exit and led us to [mother ground floor exit hut that was blocked too by shouting and screaming lavvycrs. We were led then up the stairs and at least two other stairwells were tried but we were led away as the police was

unsure that they could get us out safely. Finally, a safe exit into the ground floor shed where the notary publics sit. was found. The police escorted us to the gate and bundled five orus into autorickshaws as they feared that we would be assaulted even if were to \valk to our cars parked

in the parking lot.

Cbt:r~ -/!p~~ L0g/~iLks

~~V~~G C~;.s ~S5

10 minutes to flnd a \,vay to cscoli us out of the courtroom as the dOOT\vay and the courtyard was

hlocked by shouting I'l\vyers. The police \-vere forced to find another exit and led us to [mother ground floor exit hut that was blocked too by shouting and screaming lavvycrs. We were led then up the stairs and at least two other stairwells were tried but we were led away as the police was

unsure that they could get us out safely. Finally, a safe exit into the ground floor shed where the notary publics sit. was found. The police escorted us to the gate and bundled five orus into autorickshaws as they feared that we would be assaulted even if were to \valk to our cars parked

in the parking lot.

Cbt:r~ -/!p~~ L0g/~iLks

~~V~~G C~;.s ~S5

A NNlEy[}1Q~ - P:3

ITEM NO.1 COURT NO.5 OUT TODAY SECTION PIL(W)

SUP REM E C 0 U R T 0 F r N D I A RECORD OF PROCEEDINGS

Writ Petitiones) (Criminal) Noes)., 25/2016

N.D JAYAPRAKASH Petitioner(s)

VERSUS

UNION OF INDIA AND ANR. Respondent(s)

Date: 17/02/2016 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE ABHAY ~JNOHAR SAPRE

For Petitioner(s)

For Respondent(s) uor

For Delhi H.C

For Delhi Police

All India Lawyers Union

For Intervenor

Mr. K.T.S. Tulsi,Sr.Adv. Mr. Raju Ramachandran,Sr.Adv. Ms. Mythili Vijay Kumar Thallam,Adv. Mr. Vikram Aditya Narayan,Adv., Mr. Farrukh Rasheed,Adv. Mr. Kuber Boddh,Adv. Mr. Kartikey,Adv.

Mr. Ajay Sharma,Adv. Mr. Vibhu Shankar Mishra,Adv. Mr. Umesh Babu Chaurasia,Adv.

Mr. Sidharth Luthra,Sr.Adv. Mr. A.D.N. Rao,Adv.

Mr. Ajit Sinha, Sr.Adv. Mr. Shadman Ali,Adv. Mr. Vibhu Shankar Mishra,Adv .. Mr. D.S. Mahra,Adv.

Mr. P.V. Dinesh,Adv. Mr. Subhash Chandran K.R. ,Adv.'

Mr. Adish C. Aggarwala,Sr.Adv. MR. Vijay Pratap Singh,Adv. Mr. Aakash D. Pratap,Adv. Mr. Aditiya Singh,Adv. Mr. Pradeep Kumar Yadav,Adv.

Mr. Deepak Prakash,Adv.

~1-

A NNlEy[}1Q~ - P:3

ITEM NO.1 COURT NO.5 OUT TODAY SECTION PIL(W)

SUP REM E C 0 U R T 0 F r N D I A RECORD OF PROCEEDINGS

Writ Petitiones) (Criminal) Noes)., 25/2016

N.D JAYAPRAKASH Petitioner(s)

VERSUS

UNION OF INDIA AND ANR. Respondent(s)

Date: 17/02/2016 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE ABHAY ~JNOHAR SAPRE

For Petitioner(s)

For Respondent(s) uor

For Delhi H.C

For Delhi Police

All India Lawyers Union

For Intervenor

Mr. K.T.S. Tulsi,Sr.Adv. Mr. Raju Ramachandran,Sr.Adv. Ms. Mythili Vijay Kumar Thallam,Adv. Mr. Vikram Aditya Narayan,Adv., Mr. Farrukh Rasheed,Adv. Mr. Kuber Boddh,Adv. Mr. Kartikey,Adv.

Mr. Ajay Sharma,Adv. Mr. Vibhu Shankar Mishra,Adv. Mr. Umesh Babu Chaurasia,Adv.

Mr. Sidharth Luthra,Sr.Adv. Mr. A.D.N. Rao,Adv.

Mr. Ajit Sinha, Sr.Adv. Mr. Shadman Ali,Adv. Mr. Vibhu Shankar Mishra,Adv .. Mr. D.S. Mahra,Adv.

Mr. P.V. Dinesh,Adv. Mr. Subhash Chandran K.R. ,Adv.'

Mr. Adish C. Aggarwala,Sr.Adv. MR. Vijay Pratap Singh,Adv. Mr. Aakash D. Pratap,Adv. Mr. Aditiya Singh,Adv. Mr. Pradeep Kumar Yadav,Adv.


~1-

..

For Intervenor Mr. R.P. Luthra,Adv.

UPON hearing the counsel the Court made the following

o R D E R

This writ petition is filed with the various prayers,

in substance seeking appropriate directions to the

respondents to ensure a proper and decorus conduct of the

proceedings in the Court of Metropolitan Magistrate,

Patiala House Court, New Delhi in connection with FIR No.

110/16 filed at P. s. Vasant Kunj, New Delhi regarding an

incident which allegedly took place in the campus of JNU.

On 15 th February, 2016, when the accused by name

Mr. Kanhaiya Kumar was produced before the above-mentioned

Court, a lot of people gathered including the members of

the legal fraternity, students and their "supporters" and a

large number of media persons. Certain unpleasant and

unacceptable incidents are said to have taken, place in the

court premises which received wide media coverage

thereafter.

It is in the background of the above-mentioned facts

the instant writ petition came to be filed.

We are informed that the above-mentioned case of

Kanhaiya Kumar is to be taken up again by the concerned

Magistrate at 2.00 p.m. today, i.e. 17th February, 2016.

In view of the incidents that occurred on 15 th February,

2016, apprehensions were expressed before this Court on

behalf of the various interested groups-stud'ents, members

of the press, general public, legal fraternity, etc.- that

the proceedings may not go on in an atmosphere in which

legal proceedings are normally expected to be conducted.

Therefore, the various learned counsel representing the

6

..

For Intervenor Mr. R.P. Luthra,Adv.


o R D E R

This writ petition is filed with the various prayers,

in substance seeking appropriate directions to the

respondents to ensure a proper and decorus conduct of the

proceedings in the Court of Metropolitan Magistrate,

Patiala House Court, New Delhi in connection with FIR No.

110/16 filed at P. s. Vasant Kunj, New Delhi regarding an

incident which allegedly took place in the campus of JNU.

On 15 th February, 2016, when the accused by name

Mr. Kanhaiya Kumar was produced before the above-mentioned

Court, a lot of people gathered including the members of

the legal fraternity, students and their "supporters" and a

large number of media persons. Certain unpleasant and

unacceptable incidents are said to have taken, place in the

court premises which received wide media coverage

thereafter.

It is in the background of the above-mentioned facts

the instant writ petition came to be filed.

We are informed that the above-mentioned case of

Kanhaiya Kumar is to be taken up again by the concerned

Magistrate at 2.00 p.m. today, i.e. 17th February, 2016.

In view of the incidents that occurred on 15 th February,

2016, apprehensions were expressed before this Court on

behalf of the various interested groups-stud'ents, members

of the press, general public, legal fraternity, etc.- that

the proceedings may not go on in an atmosphere in which

legal proceedings are normally expected to be conducted.

Therefore, the various learned counsel representing the

6

various interested groups referred to above unanimously

submitted that appropriate directions regarding the conduct

of proceedings be given to ensure that the proceedings in

the above-mentioned case are conducted in accordance with

law.

Having regard to the various allegations made and the

submissions of the learned counsel, we are of the opinion

that in order to ensure conduct of the proce'edings before

the trial Court are undertaken today in a ordinarily

manner, it is necessary to regulate the entry of people in

the Court.

Before He pronounced this order, we have indicated

broadly the nature of orders which we are proposed to pass

and the learned counsel who made submissions in connection

with this matter today broadly agreed with the proposed

directions.

We are informed that administrative side of the Delhi

High Court which is the authority of the Superintendence

over the trial Court is also meeting today at 2.00 p.m. to

consider the matter and appropriate administrative meaSures

in this regard.

We, therefore, direct

proceedings are concerned,

that

only

insofar as

the lawyers

today's

either

Advocates on Record or senior counsel representing either

the prosecution or the accused only shall be permitted into

the Court hall. A list of lawyers, six in number,

representing the accused is handed over to the Court:-

1. Mr. Sushil Bajaj, Adv.

2. Mr. Siddharth Sharma, Adv.

3. Mr. Rishabh Sancheti, Adv.

.-_._-_._---

7

various interested groups referred to above unanimously

submitted that appropriate directions regarding the conduct

of proceedings be given to ensure that the proceedings in

the above-mentioned case are conducted in accordance with

law.

Having regard to the various allegations made and the

submissions of the learned counsel, we are of the opinion

that in order to ensure conduct of the proce'edings before

the trial Court are undertaken today in a ordinarily

manner, it is necessary to regulate the entry of people in

the Court.

Before He pronounced this order, we have indicated

broadly the nature of orders which we are proposed to pass

and the learned counsel who made submissions in connection

with this matter today broadly agreed with the proposed

directions.

We are informed that administrative side of the Delhi

High Court which is the authority of the Superintendence

over the trial Court is also meeting today at 2.00 p.m. to

consider the matter and appropriate administrative meaSures

in this regard.

We, therefore, direct

proceedings are concerned,

that

only

insofar as

the lawyers

today's

either

Advocates on Record or senior counsel representing either

the prosecution or the accused only shall be permitted into

the Court hall. A list of lawyers, six in number,

representing the accused is handed over to the Court:-

1. Mr. Sushil Bajaj, Adv.

2. Mr. Siddharth Sharma, Adv.

3. Mr. Rishabh Sancheti, Adv.

.-_._-_._---

7

4. Mr. Prabhu, Adv. 4-U 5. Mr. Bankim, Adv.

6. Ivls. Vrinda Grover, Adv.

Since the accused is a young student,we also deem it

appropriate to permit the immediate family members of the

accused, not exceeding four, on an identification by the '-'

accused. If such family members are not there, then one

from the faculty and one from the student community

identified by the accused shall be permit~ed into the

Court(if they are present) .

Insofar as the journalists community is concerned,

having regard to the constraints of the space.in the Court

hall, we deem it appropriate to permit only 5 members from

the said community into the Court hall at the time of the

proceedings and the following names have been submitted by

Ms. Bhadra Sinha and Mr. Pramod Kumar (Journalists) who are

present in the Court today representing the_. community of

journalists and they have submitted the following 5 names

of the journalists who may be permitted to be present in

the trial Court room at 2.00 p.m. when the pioceedings are

on:-

1. Mr. l-ilihishek 1>.nshu, PTI

2. Mr. l\:miya IZumar Khushwaha, IANS

3. Mr. Arvind Singh, ANI

4. Hr. Suchitra Hohanty, Reuters

5. Hr . Anil Punia, DD Nev.]s

~% are also informed that there is a possibility of a

large gathering of various groups including the students

and political parties at the Court when the matter is taken

up. We are inclined to agree with such anticipation and

we, therefore, deem it appropriate to direct the

8

4. Mr. Prabhu, Adv. 4-U 5. Mr. Bankim, Adv.

6. Ivls. Vrinda Grover, Adv.

Since the accused is a young student,we also deem it

appropriate to permit the immediate family members of the

accused, not exceeding four, on an identification by the '-'

accused. If such family members are not there, then one

from the faculty and one from the student community

identified by the accused shall be permit~ed into the

Court(if they are present) .

Insofar as the journalists community is concerned,

having regard to the constraints of the space.in the Court

hall, we deem it appropriate to permit only 5 members from

the said community into the Court hall at the time of the

proceedings and the following names have been submitted by

Ms. Bhadra Sinha and Mr. Pramod Kumar (Journalists) who are

present in the Court today representing the_. community of

journalists and they have submitted the following 5 names

of the journalists who may be permitted to be present in

the trial Court room at 2.00 p.m. when the pioceedings are

on:-

1. Mr. l-ilihishek 1>.nshu, PTI

2. Mr. l\:miya IZumar Khushwaha, IANS

3. Mr. Arvind Singh, ANI

4. Hr. Suchitra Hohanty, Reuters

5. Hr . Anil Punia, DD Nev.]s

~% are also informed that there is a possibility of a

large gathering of various groups including the students

and political parties at the Court when the matter is taken

up. We are inclined to agree with such anticipation and

we, therefore, deem it appropriate to direct the

8

Commissioner of Police, Delhi to take such appropriate

measures as he may deem fit to maintain the law and order

situation i~ accordance with law . .

Insofar as various groups of persons who are

permi tted to enter the Court premises the identification

shall be made by the concerned with each of the groups

before iVlr. Goel, learned Registrar General of the Delhi

High Court who will personally be present in the Patiala

Court today at 1.30 p.m. Only on the certification of the

Registrar, each one of identified persons as indicated

above \<iil1 be allowed to enter the Court. We also direct

none of the persons entering the Court hall shall carry a

mobile phone. The Commissioner of Police shall take

appropriate steps in this regard.

We also deem it appropriate that the decision taken

by the Delhi High Court Administrative Committee shall also

be brought on record wi thin a week after the decision is

recorded.

A copy of this order shall be made available to Shri

A. D . N. Rao, learned counsel who represent the Delhi High

Court, Mr. D.S. Mahra, Mr. Farrukh Rashid who undertake to

enter appearance on behalf of the learned counsel and one

copy to Ms. Bhadra Sinha, media personnel.

Issue notice in the writ petition.

List the matter on Monday, 22 nd February, 2016.

We must also place it on record that while the

proceedings were going on in the morning, there was

considerable amount of concern and agitation among the

members present in the Court hall. At some stage there was

9

Commissioner of Police, Delhi to take such appropriate

measures as he may deem fit to maintain the law and order

situation i~ accordance with law . .

Insofar as various groups of persons who are

permi tted to enter the Court premises the identification

shall be made by the concerned with each of the groups

before iVlr. Goel, learned Registrar General of the Delhi

High Court who will personally be present in the Patiala

Court today at 1.30 p.m. Only on the certification of the

Registrar, each one of identified persons as indicated

above \<iil1 be allowed to enter the Court. We also direct

none of the persons entering the Court hall shall carry a

mobile phone. The Commissioner of Police shall take

appropriate steps in this regard.

We also deem it appropriate that the decision taken

by the Delhi High Court Administrative Committee shall also

be brought on record wi thin a week after the decision is

recorded.

A copy of this order shall be made available to Shri

A. D . N. Rao, learned counsel who represent the Delhi High

Court, Mr. D.S. Mahra, Mr. Farrukh Rashid who undertake to

enter appearance on behalf of the learned counsel and one

copy to Ms. Bhadra Sinha, media personnel.

Issue notice in the writ petition.

List the matter on Monday, 22 nd February, 2016.

We must also place it on record that while the

proceedings were going on in the morning, there was

considerable amount of concern and agitation among the

members present in the Court hall. At some stage there was

9

certain commotion as one of the members present shouted

certain slogans at a pitch which is not normally permitted

in the Court. Later, the person named Rajiv

Yadav(Advocate) who created the commotion, tendered an

unconditional apology. We accept the apology ~nd close the

matter.

(DEEPAK MANSUKHANI)

COURT MASTER

(RAJINDER KAUR)

COURT MASTER

10

certain commotion as one of the members present shouted

certain slogans at a pitch which is not normally permitted

in the Court. Later, the person named Rajiv

Yadav(Advocate) who created the commotion, tendered an

unconditional apology. We accept the apology ~nd close the

matter.

(DEEPAK MANSUKHANI)

COURT MASTER

(RAJINDER KAUR)

COURT MASTER

10

ANNeXuR6~ p~-

ITEM NO.1 COURT NO.5

OUT TODAY SECTION PIL(W)

SUP REM E C 0 U R T 0 FIN D I A

RECORD OF PROCEEDINGS

Writ Petition{s) (Criminal) Noes). 25/2016

N. D ,JAYAPRAKASH Petitioner(s)

VERSUS

UNION OF INDIA ~~D 4~. Responden t {s}

Date: 17/02/2016 This petition was mentioned aga~n at 2.15 p.m.

today.

CORAlvl HON'BLE MR. JUSTICE J. CHELAMESWAR

HON' BLE MR. JUSTICE ABHAY MANOHAR SAPRE

For Petitioner(s)

For Respondent(s) nor

For Delhi H.C

For Delhi Police

11.11 India Lavlyers Union

For Intervenor

Mr. K.T.S. Tulsi,Sr.Adv.

Mr. Raju Ramachandran,Sr.Adv.

Ms. Mythili Vijay Kumar Thallam,Adv.

Mr. Vikram Aditya Narayan,Adv.

Mr. Farrukh Rasheed,Adv.

Mr. Kuber Boddh,Adv.

Mr. Kartikey,Adv.

Mr. Ajay Sharma,Adv.

Mr. Vibhu Shankar Mishra,Adv.

Mr. Umesh Babu Chaurasia,Adv.

Mr. Sidharth Luthra,Sr.Adv.

Mr. A.D.N. Rao,Adv.

Mr. Ajit Sinha, Sr.Adv.

Mr. Shadman Ali,Adv.


Mr. D.S. Mahra,Adv.

Mr. P.V. Dinesh,Adv.

Mr. Subhash Chandran K.R. ,Adv.

Mr. Adish C. Aggarwala,Sr.Adv.

MR. Vijay Pratap Singh,Adv.

Mr. Aakash D. Pratap,Adv.

Mr. Aditiya Singh,Adv.

Mr. Pradeep Kumar Yadav,Adv.


1

ANNeXuR6~ p~-

ITEM NO.1 COURT NO.5

OUT TODAY SECTION PIL(W)

SUP REM E C 0 U R T 0 FIN D I A

RECORD OF PROCEEDINGS

Writ Petition{s) (Criminal) Noes). 25/2016

N. D ,JAYAPRAKASH Petitioner(s)

VERSUS

UNION OF INDIA ~~D 4~. Responden t {s}

Date: 17/02/2016 This petition was mentioned aga~n at 2.15 p.m.

today.

CORAlvl HON'BLE MR. JUSTICE J. CHELAMESWAR

HON' BLE MR. JUSTICE ABHAY MANOHAR SAPRE

For Petitioner(s)

For Respondent(s) nor

For Delhi H.C

For Delhi Police

11.11 India Lavlyers Union

For Intervenor

Mr. K.T.S. Tulsi,Sr.Adv.

Mr. Raju Ramachandran,Sr.Adv.

Ms. Mythili Vijay Kumar Thallam,Adv.

Mr. Vikram Aditya Narayan,Adv.

Mr. Farrukh Rasheed,Adv.

Mr. Kuber Boddh,Adv.

Mr. Kartikey,Adv.

Mr. Ajay Sharma,Adv.


Mr. Umesh Babu Chaurasia,Adv.

Mr. Sidharth Luthra,Sr.Adv.

Mr. A.D.N. Rao,Adv.

Mr. Ajit Sinha, Sr.Adv.

Mr. Shadman Ali,Adv.


Mr. D.S. Mahra,Adv.

Mr. P.V. Dinesh,Adv.

Mr. Subhash Chandran K.R. ,Adv.

Mr. Adish C. Aggarwala,Sr.Adv.

MR. Vijay Pratap Singh,Adv.

Mr. Aakash D. Pratap,Adv.

Mr. Aditiya Singh,Adv.

Mr. Pradeep Kumar Yadav,Adv.


1

For Intervenor lvlr. R.P. Luthra,Adv.


o R D E R

At 2.15 p.m.

l~round 2.15 p. m. Mr. Kapil Sibal, learned senior

counsel, Mr. Indra Jaising, learned senior counsel and Mr.

Prashant Bhushan, learned counsel made an extraordinary

mention in the court that inspite of the order passed in

the forenoon today in Writ Petition (Crl.)'No.25/2016, a

tense situation is building up in the Patiala House Courts

Complex, New Delhi ".here a group of lawyers and others are

resorting to violence threatening the security of the

accused Kanhaiya Kumar (against whom an FIR'is lodgedneing

110/16 filed at P.S. Vasant Kunj, New Delhi) and his

counsel. The learned Magistrate in the Patiala House

Courts Complex ,·,here the proceedings were going, in order

to ensure the safety of those persons, has directed the

accused Kanhaiya and his counsel to take shelter in his

chambers. The learned counsel, therefore, prayed for

appropriate directions be given in the situation to rescue

the accused and his lawyers.

A mention was also made that even the 5 journalists

'\'i'ho went in the Court Hall are also afraid of their

safety.

In view of this, we called upon Mr. Ajit K. Sinha,

learned senior counsel who represent the Commissioner of

Police, Delhi to contact the Commissioner of Police and

obtain instructions as to the situation prevailing in the

Patiala H~use Courts Complex. Initially for some time Mr.

Sinha vIas not able to contact him (understandably because

2

For Intervenor lvlr. R.P. Luthra,Adv.


o R D E R

At 2.15 p.m.

l~round 2.15 p. m. Mr. Kapil Sibal, learned senior

counsel, Mr. Indra Jaising, learned senior counsel and Mr.

Prashant Bhushan, learned counsel made an extraordinary

mention in the court that inspite of the order passed in

the forenoon today in Writ Petition (Crl.)'No.25/2016, a

tense situation is building up in the Patiala House Courts

Complex, New Delhi ".here a group of lawyers and others are

resorting to violence threatening the security of the

accused Kanhaiya Kumar (against whom an FIR'is lodgedneing

110/16 filed at P.S. Vasant Kunj, New Delhi) and his

counsel. The learned Magistrate in the Patiala House

Courts Complex ,·,here the proceedings were going, in order

to ensure the safety of those persons, has directed the

accused Kanhaiya and his counsel to take shelter in his

chambers. The learned counsel, therefore, prayed for

appropriate directions be given in the situation to rescue

the accused and his lawyers.

A mention was also made that even the 5 journalists

'\'i'ho went in the Court Hall are also afraid of their

safety.

In view of this, we called upon Mr. Ajit K. Sinha,

learned senior counsel who represent the Commissioner of

Police, Delhi to contact the Commissioner of Police and

obtain instructions as to the situation prevailing in the

Patiala H~use Courts Complex. Initially for some time Mr.

Sinha vIas not able to contact him (understandably because

2

of the situation). Later Mr. Sinha_contacted him

and took instructions about the prevailing situation.

In the above mentioned circumstances, We thought it

fi t to depute some members of the Bar of this Court to

observe the situation and report to this Court. We also

believe the presence of the

diffuse the tension. We

senior advocates might help

accordingly depute Mr.Kapil

Sibal, Sr. 2\dv. , Dr. Rajeev Dhawan, Sr .Adv. , Mr. Dushyant

Dave, Sr.Adv., Mr. H.P. Rawal, Sr.Adv., Mr. Ajit K. Sinha,

Sr. Adv. and Mr. A.D.N. Rao, learned counsel to proceed to

the Fatiala House Courts Complex and report the situation

prevailing there.

At 4.00 p.m.

The members of the Committee who visited the Patiala

House Courts Complex pursuant to the orders passed earlier

returned at about 4.00 p.m. today and made an ,oral report,

the even ts they observed. We request them to submit a

report in writing. We also request Mr. Luthra, learned

senior counsel appearing for Delhi High Court to submit a

report of the observations made by the Registrar General

of the Delhi High court who was present in t);l,e proceedings

in the noon in the Patiala House court Complex by 2.00

p.m. tomorrow (18.2.2016). Mr. Ajit K. Sinha, Sr. Adv

representing Commissioner of Police, Delhi' will also

submit a report by Friday the 19 th February, 2016 by

10.30 a.m.

Mr. Sinha, further submitted on instructions that he

has spoken to the Commissioner of Police, Delhi and the

Commissioner of Police has personally assured the safety

of the accused and all others who were permitted to attend

today's proceedings before the trial court pursuant to the

3

of the situation). Later Mr. Sinha_contacted him

and took instructions about the prevailing situation.

In the above mentioned circumstances, We thought it

fi t to depute some members of the Bar of this Court to

observe the situation and report to this Court. We also

believe the presence of the

diffuse the tension. We

senior advocates might help

accordingly depute Mr.Kapil

Sibal, Sr. 2\dv. , Dr. Rajeev Dhawan, Sr .Adv. , Mr. Dushyant

Dave, Sr.Adv., Mr. H.P. Rawal, Sr.Adv., Mr. Ajit K. Sinha,

Sr. Adv. and Mr. A.D.N. Rao, learned counsel to proceed to

the Fatiala House Courts Complex and report the situation

prevailing there.

At 4.00 p.m.

The members of the Committee who visited the Patiala

House Courts Complex pursuant to the orders passed earlier

returned at about 4.00 p.m. today and made an ,oral report,

the even ts they observed. We request them to submit a

report in writing. We also request Mr. Luthra, learned

senior counsel appearing for Delhi High Court to submit a

report of the observations made by the Registrar General

of the Delhi High court who was present in t);l,e proceedings

in the noon in the Patiala House court Complex by 2.00

p.m. tomorrow (18.2.2016). Mr. Ajit K. Sinha, Sr. Adv

representing Commissioner of Police, Delhi' will also

submit a report by Friday the 19 th February, 2016 by

10.30 a.m.

Mr. Sinha, further submitted on instructions that he

has spoken to the Commissioner of Police, Delhi and the

Commissioner of Police has personally assured the safety

of the accused and all others who were permitted to attend

today's proceedings before the trial court pursuant to the

3

order passed by this Court in the morning today. We also

direct that Commissioner of Police shall take necessary

steps to ensure the safety of the accused until he is

produced next before the trial court.

We may place on record that it is reported today by

the members of the Committee that the accused was

manhandled while he was produced before the Court today.

We therefore make it clear that the responsibility is

exclusively is that of the Commissioner of Police, Delhi

to ensure the safety of the accused.

List the matter tomorrow the 18 th February, 2016 at

2.00 p.m.

(0. P. SHARMA)

AR-cum-PS

(RAJI~DER KAUR) COURT MASTER

4

order passed by this Court in the morning today. We also

direct that Commissioner of Police shall take necessary

steps to ensure the safety of the accused until he is

produced next before the trial court.

We may place on record that it is reported today by

the members of the Committee that the accused was

manhandled while he was produced before the Court today.

We therefore make it clear that the responsibility is

exclusively is that of the Commissioner of Police, Delhi

to ensure the safety of the accused.

List the matter tomorrow the 18 th February, 2016 at

2.00 p.m.

(0. P. SHARMA)

AR-cum-PS

(RAJI~DER KAUR) COURT MASTER

4

f)NNEXUiZE- PG-I-Iow lawyer Vikram Singh Chauhan who led both assaults at Patiala court sought support on Facebook to 'teach traitors a lesson' .

Vikran1 Singh Chauhan's Facebook timeline shows nine posts

between February 11 and 16 in which he is urging lawyers to

reach the court well in time to "demonstrate patriotism" and

"teach the traitors a lesson".

By: Express News Service I New Delhi I Updated: February 18,2016 10:05 aJ.TI

Vikram Singh Chauhan at court on Wednesday.

Vikram Singh Chauhan, the lawyer who led the attack on

journalists and students Monday and was in the group that

assaulted JNU students' union president Kanhaiya Kumar at

the Patiala House Courts Wednesday, used Facebook to

mobilise support for the attacks.

Chauhan's Facebook timeline shows nIne posts between

February 11 and 16 in which he is urging lawyers to reach the

court well in time to "demonstrate patriotism" and "teach the

traitors a lesson". While a couple of these posts talk of taking

ii-f)NNEXUiZE- PG-

I-Iow lawyer Vikram Singh Chauhan who led both assaults at Patiala court sought support on Facebook to 'teach traitors a lesson' .

Vikran1 Singh Chauhan's Facebook timeline shows nine posts

between February 11 and 16 in which he is urging lawyers to

reach the court well in time to "demonstrate patriotism" and

"teach the traitors a lesson".

By: Express News Service I New Delhi I Updated: February 18,2016 10:05 aJ.TI

Vikram Singh Chauhan at court on Wednesday.

Vikram Singh Chauhan, the lawyer who led the attack on

journalists and students Monday and was in the group that

assaulted JNU students' union president Kanhaiya Kumar at

the Patiala House Courts Wednesday, used Facebook to

mobilise support for the attacks.

Chauhan's Facebook timeline shows nIne posts between

February 11 and 16 in which he is urging lawyers to reach the

court well in time to "demonstrate patriotism" and "teach the

traitors a lesson". While a couple of these posts talk of taking

ii-

..

"

the legal course, they also call for direct action or "face-to-face

fight".

He posted several photographs to show his links to the BJP -

he is seen with several party leaders, from Rajnath Singh to J P

N adda to Kailash Vij ayvargiya - and calls himself a "worker of

BJP". In other photographs, he is at an ABVP event in Delhi

University last September on the eve of elections to the

students' union.

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the legal course, they also call for direct action or "face-to-face

fight".

He posted several photographs to show his links to the BJP -

he is seen with several party leaders, from Rajnath Singh to J P

N adda to Kailash Vij ayvargiya - and calls himself a "worker of

BJP". In other photographs, he is at an ABVP event in Delhi

University last September on the eve of elections to the

students' union.

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PrevNext

* On February 11, Chauhan made his first post on the JNU

issue. Referring to JNU student Umar Khalid and others who

allegedly shouted pro-Pakistan slogans, it said "time has come

to send these people back to their country". The post mentioned

"legal means" to Inete out justice, but also urged those who

have "so far demonstrated their patriotism on social media" to

get ready because "time was ripe for a face-to-face fight to teach

the traitors" a lesson. He concluded the post by asking people

"interested in this noble cause" to contact him.

In pies I Lawyer who led Patiala House assault poses with top

BJP leaders

* In a second post on February 11, he announced that

Kanhaiya could be brought to the Patiala House Courts. He

reminded lawyers that they "have shown their strength from

time to time" and "hopefully will take good care" this time. The

post ended with a vow to "eliminate every Afzal Guru born".

* The next post on February 12 featured four photos of

Chauhan participating in a rally organised by "nationalist

students". Chauhan said the rally sent a clear message to "anti-

~ n pICS:


PrevNext

* On February 11, Chauhan made his first post on the JNU

issue. Referring to JNU student Umar Khalid and others who

allegedly shouted pro-Pakistan slogans, it said "time has come

to send these people back to their country". The post mentioned

"legal means" to Inete out justice, but also urged those who

have "so far demonstrated their patriotism on social media" to

get ready because "time was ripe for a face-to-face fight to teach

the traitors" a lesson. He concluded the post by asking people

"interested in this noble cause" to contact him.

In pies I Lawyer who led Patiala House assault poses with top

BJP leaders

* In a second post on February 11, he announced that

Kanhaiya could be brought to the Patiala House Courts. He

reminded lawyers that they "have shown their strength from

time to time" and "hopefully will take good care" this time. The

post ended with a vow to "eliminate every Afzal Guru born".

* The next post on February 12 featured four photos of

Chauhan participating in a rally organised by "nationalist

students". Chauhan said the rally sent a clear message to "anti-

national forces" that "patriotic youth" were "ready to make any

sacrifice" for the country.

* On February 13, Chauhan posted: "Please demonstrate your

patriotism by reaching the Patiala House Courts tomorrow

morning. under no circumstances can we allow these anarchist,

Pakistan-supporters get bailor any relief. you are requested to

reach the court in maximum numbers to teach these anti

nationals a lesson through legal means." The post ended with

'Doodh mange kheer denge, aage sabko pata hai.' - a reference

to the slogan 'Doodh mangoge to kheer denge,Kashmir mangoge

to chir denge'.

* In a second post on February 13, he tagged 85 people, mostly

senior functionaries of the Bar Council of Delhi. In it, Chauhan

urged seniors to demand· a thorough and speedy trial of the

case. "We can set an example on behalf of the Bar Council at

the court. and I request you to be at the court to encourage us

and tell the world that Delhi lawyers are patriotic, law-abiding

and legally-able to deal with such traitors." The two posts on

February 13 attracted more than 400 likes.

* On February 15, Chauhan posted two photographs. He is

seen smiling soon after his group of lawyers assaulted JNU

students and journalists. The photos attracted over 650 likes

and over 40 congratulatory comments. A few even proudly

posted a Inedia photo of Chauhan assaulting a student as a

comment in both threads.

* On February 16, Chauhan thanked everyone: "Today I am

feeling proud to be a member of the Bar Council. from now on,

national forces" that "patriotic youth" were "ready to make any

sacrifice" for the country.

* On February 13, Chauhan posted: "Please demonstrate your

patriotism by reaching the Patiala House Courts tomorrow

morning. under no circumstances can we allow these anarchist,

Pakistan-supporters get bailor any relief. you are requested to

reach the court in maximum numbers to teach these anti

nationals a lesson through legal means." The post ended with

'Doodh mange kheer denge, aage sabko pata hai.' - a reference

to the slogan 'Doodh mangoge to kheer denge,Kashmir mangoge

to chir denge'.

* In a second post on February 13, he tagged 85 people, mostly

senior functionaries of the Bar Council of Delhi. In it, Chauhan

urged seniors to demand· a thorough and speedy trial of the

case. "We can set an example on behalf of the Bar Council at

the court. and I request you to be at the court to encourage us

and tell the world that Delhi lawyers are patriotic, law-abiding

and legally-able to deal with such traitors." The two posts on

February 13 attracted more than 400 likes.

* On February 15, Chauhan posted two photographs. He is

seen smiling soon after his group of lawyers assaulted JNU

students and journalists. The photos attracted over 650 likes

and over 40 congratulatory comments. A few even proudly

posted a Inedia photo of Chauhan assaulting a student as a

comment in both threads.

* On February 16, Chauhan thanked everyone: "Today I am

feeling proud to be a member of the Bar Council. from now on,

only those who say 'J ai Hind' will stay in India. Long live

lawyers' unity. I hope I will continue to have your love and

cooperation like this." More than 200 people liked it.

* In another post on February 16, Chauhan wrote: "I have been

made the biggest goon of the country and those who are against

Mother India are now heroes. If countering Leftist goons, saying

'long live Mother India. is hooliganism, then I am a goon. I don't

care who all are barking. we are gathering again tomorrow to

expose their conspiracy and.I request all of you to reach the

court in maximum numbers by 10 am." The post tagged 96

people and drew 198 likes and 70 comments.

The next day, he was back at Patiala House Courts. And this

time the group headed for Kanhaiya.

only those who say 'J ai Hind' will stay in India. Long live

lawyers' unity. I hope I will continue to have your love and

cooperation like this." More than 200 people liked it.

* In another post on February 16, Chauhan wrote: "I have been

made the biggest goon of the country and those who are against

Mother India are now heroes. If countering Leftist goons, saying

'long live Mother India. is hooliganism, then I am a goon. I don't

care who all are barking. we are gathering again tomorrow to

expose their conspiracy and.I request all of you to reach the

court in maximum numbers by 10 am." The post tagged 96

people and drew 198 likes and 70 comments.

The next day, he was back at Patiala House Courts. And this

time the group headed for Kanhaiya.

corne, we vlill burn him alive: Lawyer

, New Delhi

Updated: P'eb 18,2016/14:02 1ST

Lawyers assaulting a journalist outside Patiala House Court , India, on Wednesday, February 17, 2016.

dus )

On V\T ecln_csc1ay, I witnessed the most 'disturbing' event in ITIy

C\r'.....,~~;),er CIS r;:o '~Jr .. ,..:1ct-l·Sl·1J0 lawyer cU.,~ '"- < •• " cl. 1 . 0. , -b·1 .•

It was around lprri. Hundreds of la~wyers had gathered at the

entrance of Gate nUlll.ber 2 of Patiala House Courts to catch a

g1ilnpse of Kanhaiya Kumar. A pOliCelTIan then announced that

a lin1ited nurnber of persons will be allowed inside court

pre1111SeS,

Read more:.JI\TU student leader Kanhaiya named in FIR only

That is when it all started. The announcement was a cue for the

lawyers \vho delllanded that all journalists and JNU students

be thro\l'1n out. A group of lawyers assembled in the balcony,

keeping an eye out for anyone ll1aking a video. It is then, when

in an "act of patriotiS111", one lawyer raised the Indian flag from

the balcony to the chants of Bharat Mata ki Jai.

corne, we vlill burn him alive: Lawyer

, New Delhi

Updated: P'eb 18,2016/14:02 1ST

Lawyers assaulting a journalist outside Patiala House Court , India, on Wednesday, February 17, 2016.

dus )

On V\T ecln_csc1ay, I witnessed the most 'disturbing' event in ITIy

C\r'.....,~~;),er CIS r;:o '~Jr .. ,..:1ct-l·Sl·1J0 lawyer cU.,~ '"- < •• " cl. 1 . 0. , -b·1 .•

It was around lprri. Hundreds of la~wyers had gathered at the

entrance of Gate nUlll.ber 2 of Patiala House Courts to catch a

g1ilnpse of Kanhaiya Kumar. A pOliCelTIan then announced that

a lin1ited nurnber of persons will be allowed inside court

pre1111SeS,

Read more:.JI\TU student leader Kanhaiya named in FIR only

That is when it all started. The announcement was a cue for the

lawyers \vho delllanded that all journalists and JNU students

be thro\l'1n out. A group of lawyers assembled in the balcony,

keeping an eye out for anyone ll1aking a video. It is then, when

in an "act of patriotiS111", one lawyer raised the Indian flag from

the balcony to the chants of Bharat Mata ki Jai.

Another .lawyer standing next to him said, "Laane do kanhaiya

ko, yalli zinda jaIa clenge (Let them bring Kanhaiya, we will set

SOIne lcl\vyers standing next to a policeman were amused, One

of thenl pulled out his phone and Inade a call: "Aaja tu bhi, ek

do JNU wClJon ko tujhse bhi pitwa denge (Come, you can also

beat up a couple of JNU students)".

It vvas 2:30 pIn. Kanhaiya reached court. He was taken inside

the courtrooIIl frOlTI a different entry, But the lawyers got a

whiff of this and rushed to the gate. . I

saw lawyers returning later with a sense of pride "Do laatein

jadi mast \vaali"". "n1ukke lTIaare saale ke muh pe (I kicked hirn

twice ... ptlnched hirn in the face)," one of them said.

Our blacl( coats Viere rneant to signify that we are an educated

class, but son1e of the law'jers have tainted the image of the

bar. VJhat so civil about a war anyway?

It's ret fi..rst perso'n account by a lawyer practising at the

La l~ouse Courts who did not want to be named.

Another .lawyer standing next to him said, "Laane do kanhaiya

ko, yalli zinda jaIa clenge (Let them bring Kanhaiya, we will set

SOIne lcl\vyers standing next to a policeman were amused, One

of thenl pulled out his phone and Inade a call: "Aaja tu bhi, ek

do JNU wClJon ko tujhse bhi pitwa denge (Come, you can also

beat up a couple of JNU students)".

It vvas 2:30 pIn. Kanhaiya reached court. He was taken inside

the courtrooIIl frOlTI a different entry, But the lawyers got a

whiff of this and rushed to the gate. . I

saw lawyers returning later with a sense of pride "Do laatein

jadi mast \vaali"". "n1ukke lTIaare saale ke muh pe (I kicked hirn

twice ... ptlnched hirn in the face)," one of them said.

Our blacl( coats Viere rneant to signify that we are an educated

class, but son1e of the law'jers have tainted the image of the

bar. VJhat so civil about a war anyway?

It's ret fi..rst perso'n account by a lawyer practising at the

La l~ouse Courts who did not want to be named.

JNU ro"v: Blow by blow, a day with lawyers in a Delhi court

SI

The Indian Express recount how lawyers beat up one another,

student leader Kanhaiya and others on court premises

Written by Kaunain Sheriff M , Abhishek Angad , Alok Singh

I New Delhi I Updated: February 18,2016 5:44 am

One lawyer advances towards another during the course of a showdown between two groups on the Patiala House Courts prernises Wednesday. AP photo

8:30-11:00 am: Preparation

Heavy security deployment at Patiala House Courts. Gate

number 2 cordoned off for general public, alongside heavy

restrictions for both litigants and lawyers.

11-11:30 am: First chants

Advocates arrive at gate number 2 and begin protesting. Over

150 lawyers chant anti-JNU slogans, threaten police officials for

imposing restrictions inside the court. Within half an hour, 100

more lawyers join. A minor scuffle takes place between security

officials and lawyers.

JNU ro"v: Blow by blow, a day with lawyers in a Delhi court

SI

The Indian Express recount how lawyers beat up one another,

student leader Kanhaiya and others on court premises

Written by Kaunain Sheriff M , Abhishek Angad , Alok Singh

I New Delhi I Updated: February 18,2016 5:44 am

One lawyer advances towards another during the course of a showdown between two groups on the Patiala House Courts prernises Wednesday. AP photo

8:30-11:00 am: Preparation

Heavy security deployment at Patiala House Courts. Gate

number 2 cordoned off for general public, alongside heavy

restrictions for both litigants and lawyers.

11-11:30 am: First chants

Advocates arrive at gate number 2 and begin protesting. Over

150 lawyers chant anti-JNU slogans, threaten police officials for

imposing restrictions inside the court. Within half an hour, 100

more lawyers join. A minor scuffle takes place between security

officials and lawyers.

11:30 am-1 pm: The fight

A group of lawyers led by advocate Vikram Singh Chauhan

march on the premises, chanting, "Bharat Mata ki Jai. Gaddaro

Bharat chhodo." The group breaches security and enters the

court premises. And when another faction of lawyers emerges,

police quietly back away. This group raises its own slogan,

"Thana shahi nahi chalegi. Kanhaiya tum sangharsh karo, hum

tumhare saath hai." A scuffle break outs between the two

groups. A lawyer, a journalist and a student from Sonepat are

beaten up.

1-2:30 pm: Silent cops

Lawyers continue to march and chant slogans. Far from being

intimidated by the heavy police presence, they beat up at least

three of the few policemen who try to stop them. The lawyers

encircle the main building, where Kanhaiya will be produced.

They threaten journalists and ask them not to take out their

cellphones. Policemen still watching, lawyers ask every

journalist outside the court to show his or her ID card. Another

minor scuffle breaks out between police and lawyers. Stones

are thrown at camerarnen.

2:50 pm: assault ON Kanhaiya

Kanhaiya arrives. Though he is accompanied by five policemen,

at least eight lawyers assault him as he is being taken towards

the courtroom. They slap him, rain blows on his chest and also

on his feet. The mob follows him up to the court, where he is

attacked in the presence, of JNU professor Himanshu. The

professor then asks the police to arrest one of the lawyers who

assaulted Kanhaiya. The police let the lawyers leave the court.

11:30 am-1 pm: The fight

A group of lawyers led by advocate Vikram Singh Chauhan

march on the premises, chanting, "Bharat Mata ki Jai. Gaddaro

Bharat chhodo." The group breaches security and enters the

court premises. And when another faction of lawyers emerges,

police quietly back away. This group raises its own slogan,

"Thana shahi nahi chalegi. Kanhaiya tum sangharsh karo, hum

tumhare saath hai." A scuffle break outs between the two

groups. A lawyer, a journalist and a student from Sonepat are

beaten up.

1-2:30 pm: Silent cops

Lawyers continue to march and chant slogans. Far from being

intimidated by the heavy police presence, they beat up at least

three of the few policemen who try to stop them. The lawyers

encircle the main building, where Kanhaiya will be produced.

They threaten journalists and ask them not to take out their

cellphones. Policemen still watching, lawyers ask every

journalist outside the court to show his or her ID card. Another

minor scuffle breaks out between police and lawyers. Stones

are thrown at camerarnen.

2:50 pm: assault ON Kanhaiya

Kanhaiya arrives. Though he is accompanied by five policemen,

at least eight lawyers assault him as he is being taken towards

the courtroom. They slap him, rain blows on his chest and also

on his feet. The mob follows him up to the court, where he is

attacked in the presence, of JNU professor Himanshu. The

professor then asks the police to arrest one of the lawyers who

assaulted Kanhaiya. The police let the lawyers leave the court.

3 pIn: Inside THE COURT

Court proceedings begin. Police make brief submissions and

seek judicial custody of Kanhaiya, who tells the judge he was

assaulted twice and there is a threat to his life. He submits a

written statement. The judge asks the DCP concerned to ensure

his security in jail.

3:25-3:50 pm: Target Sibal

Supreme Court-appointed commissioners arnve to assess the

situation in the trial court. Senior advocate Kabil Sibal and

others are abused by the lawyers, who threaten to attack Sibal.

Stones and shoes are hurled on Sibal's car, even as he leaves.

Lavvyers then argue with journalists over Sibal "defending an

anti-national", and ask media to cover instead the death of an

RSS worker in Kerala. During the argument, yet another stone

is thrown and the camera ?fan AP photojournalist is damaged.

4-5 pm: The ruling

The court sends Kanhaiya to 14 days in Tihar j ail. It

immediately calls a doctor from RML to examine Kanhiaya after

the assault; the doctor arrives and does a checkup. The court

orders the doctor to write the history of the assault as

recoun ted by Kanhaiya.

5-7 pm: Safe exit

To ensure that he isn't attacked again, cops dress Kanhaiyaup

in a police uniform and take him out of the court after the

hearing concludes. The uniform is that of an 'anti-riot cell

officer. The ruse works - senior police officers including DC

(third battalion) S K Tiwari escort Kanhaiya to Tihar.

3 pIn: Inside THE COURT

Court proceedings begin. Police make brief submissions and

seek judicial custody of Kanhaiya, who tells the judge he was

assaulted twice and there is a threat to his life. He submits a

written statement. The judge asks the DCP concerned to ensure

his security in jail.

3:25-3:50 pm: Target Sibal

Supreme Court-appointed commissioners arnve to assess the

situation in the trial court. Senior advocate Kabil Sibal and

others are abused by the lawyers, who threaten to attack Sibal.

Stones and shoes are hurled on Sibal's car, even as he leaves.

Lavvyers then argue with journalists over Sibal "defending an

anti-national", and ask media to cover instead the death of an

RSS worker in Kerala. During the argument, yet another stone

is thrown and the camera ?fan AP photojournalist is damaged.

4-5 pm: The ruling

The court sends Kanhaiya to 14 days in Tihar j ail. It

immediately calls a doctor from RML to examine Kanhiaya after

the assault; the doctor arrives and does a checkup. The court

orders the doctor to write the history of the assault as

recoun ted by Kanhaiya.

5-7 pm: Safe exit

To ensure that he isn't attacked again, cops dress Kanhaiyaup

in a police uniform and take him out of the court after the

hearing concludes. The uniform is that of an 'anti-riot cell

officer. The ruse works - senior police officers including DC

(third battalion) S K Tiwari escort Kanhaiya to Tihar.

..

"

Sarne lawyers, same goondagardi and same police inaction

NU'(NIMESH KUMAR ,HE HINDI; SHUBHOMOY SIKDAR

Vikram Singh Chauhan, one of the lawyers who beat up journalists, JNU students and teachers at the Patiala House Courts on Monday, was again at the forefront of the violence on Wednesday. PHOTO: AP

They were named and shamed on social media after they attacked students, journalists and teachers at the Patiala House Courts on Monday.

Yet the same group of lawyers on Wednesday clashed with one of their colleagues inside the court premises, beat up a journalist and later turned their wrath on JNUSU president Kanhaiya Kumar even as the police played mute witness.

Despite the presence of nearly 3,000 personnel from the Delhi Police and central police forces, utter chaos prevailed inside and outside the Patiala House Court premises where Kumar was produced on Wednesday in connection with the hearing on sedition charges filed against him.

The unruly mob of lawyers, including Vikram Singh Chauhan who was seen beating up students and activists on February 15, did not even spare senior advocates Kapil Sibal and Dushyant Dave, who visited the court to observe the security of Kumar on the direction of the Supreme Court.

The lawyers shouted slogan~ against Mr. Sibal and the police had to escort him and Mr. Dave out of the premises. A brick was thrown at the two senior lawyers when they were about to board a car, but they escaped unhurt as a constable took the hit.

Even though Kumar praised the Delhi Police for protecting him from the attackers, some senior officers admitted that the security was insufficien t.

Tarique Anwar, a correspondent of news website firstpost.com, was slapped. A lawyer friend of Kumar, who had come from Sonepat in Haryana, was also beaten up. Stones were also thrown at mediapersons from inside the court premises.

..

"

Sarne lawyers, same goondagardi and same police inaction

NU'(NIMESH KUMAR ,HE HINDI; SHUBHOMOY SIKDAR

Vikram Singh Chauhan, one of the lawyers who beat up journalists, JNU students and teachers at the Patiala House Courts on Monday, was again at the forefront of the violence on Wednesday. PHOTO: AP

They were named and shamed on social media after they attacked students, journalists and teachers at the Patiala House Courts on Monday.

Yet the same group of lawyers on Wednesday clashed with one of their colleagues inside the court premises, beat up a journalist and later turned their wrath on JNUSU president Kanhaiya Kumar even as the police played mute witness.

Despite the presence of nearly 3,000 personnel from the Delhi Police and central police forces, utter chaos prevailed inside and outside the Patiala House Court premises where Kumar was produced on Wednesday in connection with the hearing on sedition charges filed against him.

The unruly mob of lawyers, including Vikram Singh Chauhan who was seen beating up students and activists on February 15, did not even spare senior advocates Kapil Sibal and Dushyant Dave, who visited the court to observe the security of Kumar on the direction of the Supreme Court.

The lawyers shouted slogan~ against Mr. Sibal and the police had to escort him and Mr. Dave out of the premises. A brick was thrown at the two senior lawyers when they were about to board a car, but they escaped unhurt as a constable took the hit.

Even though Kumar praised the Delhi Police for protecting him from the attackers, some senior officers admitted that the security was insufficien t.

Tarique Anwar, a correspondent of news website firstpost.com, was slapped. A lawyer friend of Kumar, who had come from Sonepat in Haryana, was also beaten up. Stones were also thrown at mediapersons from inside the court premises.

r

b3 W.P. (Cd) No. 25 of 2016

REPORT OF THE COMMITTEE APPOINTED VIDE YOUR

LORDSHIPS ORDER DATED 17.02.2016.

,This report has been filed pursuant to the directions rendered by this Hon'ble

Court in the above mentioned proceedings, by the Committee, appointed by

your Lordships order dated 17.02.2016 to visit the Court premises oLPatiala ,

House Courts Comp\ex where accused Kanhaiya Kumar was to be produced

and to report the existing state of affairs in respect of which a mention was

made by Shri Prashant Bhushan, Advocate and Ms. Indira Jaising, Sf.

Advocate, pursuant to the information .received by them in respect of the

proceedings before the Patiala House Court had commenced at 2 PM when

accused Kanhaiya Kumar was produced before the said Court.

It be mentioned that after hearing the above mentioned matter, an order

was rendered by this Hon'b~e Court in the morning session of 17.02.2016. A

copy whereof is enclosed herewith for ready reference and marked as

Enclosure-A.

At around 2.15 PM an extraordinary mention was made before this

Hon'ble Court, in spite of the order passed in the forenoon, in view of the

tensed situation building up in the Patiala House court complex where a group

of la~ers and others were stated to be resorting to violence, threatening

security of accused Kanhaiya Kumar as well as his Counsels and 5 other

journalists who were permitted under the orders of this Hon'ble Court passed

in the forenoon to attend the said proceedings. In view of the said mentioning

this Hon'ble Court deemed it appropriate to depute members of the Bar of this

Hon'ble Court to observe the situation and report to this Court. Accordingly

(

the following Advocates were deputed to proceed to Patiala HOl~~~\

Complex and report the factual SltuatlOn eXlstmg there. The m)e,~ "O~ file -:\,

Committee are: ' ~"

~~ ~~i)' 1. Shri Kapil Sibal (Senior Advocate)

~

2. Shri (Dr.) Rajfv Dha'91an (Senior Advocate)

3. Shri Ajit Kumar Sinha (Senior Advocate)

4. Shri Dushyant Dave (Senior Advocate)

5. Shri Harin P. Raval (Senior Advocate)

6. Shri A.D.N. Rao (Ad:rocate)

~ ~ ~~\\,/ .~ . ""','-J/

f"\'S~ .. dj , \.J ~.

':t: '", ~'\:;~,/'

At the time when the order was passed, except Mr. bushyant Dave, all

other learned advocates were present in Court. Mr.Dushyant Dave was

.....

r

b3 W.P. (Cd) No. 25 of 2016

REPORT OF THE COMMITTEE APPOINTED VIDE YOUR

LORDSHIPS ORDER DATED 17.02.2016.

,This report has been filed pursuant to the directions rendered by this Hon'ble

Court in the above mentioned proceedings, by the Committee, appointed by

your Lordships order dated 17.02.2016 to visit the Court premises oLPatiala ,

House Courts Comp\ex where accused Kanhaiya Kumar was to be produced

and to report the existing state of affairs in respect of which a mention was

made by Shri Prashant Bhushan, Advocate and Ms. Indira Jaising, Sf.

Advocate, pursuant to the information .received by them in respect of the

proceedings before the Patiala House Court had commenced at 2 PM when

accused Kanhaiya Kumar was produced before the said Court.

It be mentioned that after hearing the above mentioned matter, an order

was rendered by this Hon'b~e Court in the morning session of 17.02.2016. A

copy whereof is enclosed herewith for ready reference and marked as

Enclosure-A.

At around 2.15 PM an extraordinary mention was made before this

Hon'ble Court, in spite of the order passed in the forenoon, in view of the

tensed situation building up in the Patiala House court complex where a group

of la~ers and others were stated to be resorting to violence, threatening

security of accused Kanhaiya Kumar as well as his Counsels and 5 other

journalists who were permitted under the orders of this Hon'ble Court passed

in the forenoon to attend the said proceedings. In view of the said mentioning

this Hon'ble Court deemed it appropriate to depute members of the Bar of this

Hon'ble Court to observe the situation and report to this Court. Accordingly

(

the following Advocates were deputed to proceed to Patiala HOl~~~\

Complex and report the factual SltuatlOn eXlstmg there. The m)e,~ "O~ file -:\,

Committee are: ' ~"

~~ ~~i)' 1. Shri Kapil Sibal (Senior Advocate)

~

2. Shri (Dr.) Rajfv Dha'91an (Senior Advocate)

3. Shri Ajit Kumar Sinha (Senior Advocate)

4. Shri Dushyant Dave (Senior Advocate)

5. Shri Harin P. Raval (Senior Advocate)

6. Shri A.D.N. Rao (Ad:rocate)

~ ~ ~~\\,/ .~ . ""','-J/

f"\'S~ .. dj , \.J ~.

':t: '", ~'\:;~,/'

At the time when the order was passed, except Mr. bushyant Dave, all

other learned advocates were present in Court. Mr.Dushyant Dave was

.....

telephonically informed with a request to reach the Patiala House Court

Complex immediately.

After the order was passed by this Hon'ble Court, the Members of

Committee straightaway went to the Office of the Deputy Commissioner of

Police (Supreme Court Compound) Mr. Bharadwaj, which is located at the

Ground Floor of the Supreme Court Premises. After waiting for about 10

minutes for his arrival, two telephone calls were made to his personal mobile

number 9818994381,first at 3:02 P.M. and again at 3:04 P.M., by Mr. Raval

from his mobile, but could not connect to him, as his phone was engaged. ,A

request was then made to his staff to convey the message on the wireless or to

dispatch some police personnel to request his presence, so as to depute ~

a team of officers to accompany the members of the Committee to the Pahala

House Court Complex for ascertaining facts to report the matter to this Honble

Court. Upon his arrival, it took about 10 minutes for the members of

Committee to. depart from the premises. It was deemed fit by the members of

the Committee to proceed to the Patiala House Court Complex in Police

vehicles on account of the law and order situation as was narrated before this

Hon'ble Court at the time when the mater was mentioned. The DCP Mr.

Bharadwaj along with his. men personally accompanied the members of the

Committee and together they proceeded to the Patiala House Courts Complex;

While on the way, a phone call was ,received from mobile number 9582151000

\¥as reGeivee on the cell phone of Mr. Raval at 3: 13 P.M. The caller identified

himself to be a Junior of Ms Vrinda Grover, (learned Counsel of the accused)

and narrat~q over the phone that they were all inside the Court Room which

had to be locked and that they were feeling apprehensive about personal injury

to themselves. Mr. Raval informed that they were on the way along with all the

team members, and would arrive shortly at the Pahala House Court Complex.

Another phone call was received from mobile number 9717114182, at 3:15

P.M. by Mr. Raval on his mobile. This time the caller identified himself as the

Junior of Ms. Rebecca John (Ld. Sr. Advocate) and informed that he was

present at the Patiala House Court and narrated their fear and anxiety on

account of the slogans being raised repeatedly by the crowd that had

assembled outside. It was informed by Mr. Raval that they were on their way to

the Court. Police should have taken an earlier turn to reach which they didn't.

On account of severe traffic congestion on the way to the Patiala House

Court Complex, it was decided by the Committee Members to get down from

the Police vehicles and to walk to the Court Complex. Accordingly, all members

of the Committee along with the D.C.P. and accompanying Police personnel

alighted at the Northern End of the Patiala House Court Complex building on

II ~

.1

telephonically informed with a request to reach the Patiala House Court

Complex immediately.

After the order was passed by this Hon'ble Court, the Members of

Committee straightaway went to the Office of the Deputy Commissioner of

Police (Supreme Court Compound) Mr. Bharadwaj, which is located at the

Ground Floor of the Supreme Court Premises. After waiting for about 10

minutes for his arrival, two telephone calls were made to his personal mobile

number 9818994381,first at 3:02 P.M. and again at 3:04 P.M., by Mr. Raval

from his mobile, but could not connect to him, as his phone was engaged. ,A

request was then made to his staff to convey the message on the wireless or to

dispatch some police personnel to request his presence, so as to depute ~

a team of officers to accompany the members of the Committee to the Pahala

House Court Complex for ascertaining facts to report the matter to this Honble

Court. Upon his arrival, it took about 10 minutes for the members of

Committee to. depart from the premises. It was deemed fit by the members of

the Committee to proceed to the Patiala House Court Complex in Police

vehicles on account of the law and order situation as was narrated before this

Hon'ble Court at the time when the mater was mentioned. The DCP Mr.

Bharadwaj along with his. men personally accompanied the members of the

Committee and together they proceeded to the Patiala House Courts Complex;

While on the way, a phone call was ,received from mobile number 9582151000

\¥as reGeivee on the cell phone of Mr. Raval at 3: 13 P.M. The caller identified

himself to be a Junior of Ms Vrinda Grover, (learned Counsel of the accused)

and narrat~q over the phone that they were all inside the Court Room which

had to be locked and that they were feeling apprehensive about personal injury

to themselves. Mr. Raval informed that they were on the way along with all the

team members, and would arrive shortly at the Pahala House Court Complex.

Another phone call was received from mobile number 9717114182, at 3:15

P.M. by Mr. Raval on his mobile. This time the caller identified himself as the

Junior of Ms. Rebecca John (Ld. Sr. Advocate) and informed that he was

present at the Patiala House Court and narrated their fear and anxiety on

account of the slogans being raised repeatedly by the crowd that had

assembled outside. It was informed by Mr. Raval that they were on their way to

the Court. Police should have taken an earlier turn to reach which they didn't.

On account of severe traffic congestion on the way to the Patiala House

Court Complex, it was decided by the Committee Members to get down from

the Police vehicles and to walk to the Court Complex. Accordingly, all members

of the Committee along with the D.C.P. and accompanying Police personnel

alighted at the Northern End of the Patiala House Court Complex building on

II ~

.1

Tilak Marg and started walking in the back lane of the building, so as to reach

the Court premises.

While they were walking, at 3:21 P.M. another call was received from the

number 9582151000, who had earlier called Mr. Raval enquiring as to where

the memb~r~ of the Committee had reached, to which Mr. Raval replied that

they were about to enter the Court. The caller expressed his anxiety and fear in

view of the situation described by him as tense. Thereafter two missed calls

were also received from Mobile Nos: 9582151000 at .3:21 pm and from

9117114182 at 3:25 pm respectively on Mr. Raval's mobile,. while they were

proceeding on foot to the Court as stated above .

. The Committee members entered inside the Court premises and went to

the Court House Building, and proceeded towards Courts No. 1 to 10, as

indicated by an arrow on the signboard. At the entry to the Court Hquse

Building, it was noticed that the Entry Gate was locked, and police personnel

were present.

At the Entrance there were barricades at a distance of 5 to 10 feet behind

where there was a large mob of lawyers shouting slogans. The atmosphere was

surcharged and intimidating. The Committee members entered the Court

building and went straight to the Court Room on the Right Hand Side, where

the Lawyer of accused, Ms. Vrinda Grover was present with her other

colleagues. She was terrified. On being asked she narrated what had

happened, which was captured on the Phone of Mr. Harin Raval, in a video

recording format.

Briefly stated, she narrated the following:

That when they (i.e., the team of lawyers representing the accused

kanhaiya) reached Patiala House Court, the Registrar General, his officers as

well as the DCP Mr. Jatin Narwal were there. They were asked to show the

Supreme Court order which was shown. Their I-Cards were demanded. The

phones were deposited and according to her only the lawyers who were named

in the order were permitted to attend the hearing and not even the advocates

who had filed Vakalatnama as the advocates-on record and who were asked to

leave. She further stated that when they were entering, there was a lot of

slogan calling. They felt very intimidated as the situation was extremely

hostile. According to her she repeatedly told the police and the Registrar

General to ensure the safety as there was a hostile atmosphere and she further

made repeated requests to the police officers reminding them that the safety of

the accused is paramount and that they also must be safely escorted to their

vehicle. She stated that they were in fear. According to her the slogganing

Tilak Marg and started walking in the back lane of the building, so as to reach

the Court premises.

While they were walking, at 3:21 P.M. another call was received from the

number 9582151000, who had earlier called Mr. Raval enquiring as to where

the memb~r~ of the Committee had reached, to which Mr. Raval replied that

they were about to enter the Court. The caller expressed his anxiety and fear in

view of the situation described by him as tense. Thereafter two missed calls

were also received from Mobile Nos: 9582151000 at .3:21 pm and from

9117114182 at 3:25 pm respectively on Mr. Raval's mobile,. while they were

proceeding on foot to the Court as stated above .

. The Committee members entered inside the Court premises and went to

the Court House Building, and proceeded towards Courts No. 1 to 10, as

indicated by an arrow on the signboard. At the entry to the Court Hquse

Building, it was noticed that the Entry Gate was locked, and police personnel

were present.

At the Entrance there were barricades at a distance of 5 to 10 feet behind

where there was a large mob of lawyers shouting slogans. The atmosphere was

surcharged and intimidating. The Committee members entered the Court

building and went straight to the Court Room on the Right Hand Side, where

the Lawyer of accused, Ms. Vrinda Grover was present with her other

colleagues. She was terrified. On being asked she narrated what had

happened, which was captured on the Phone of Mr. Harin Raval, in a video

recording format.

Briefly stated, she narrated the following:

That when they (i.e., the team of lawyers representing the accused

kanhaiya) reached Patiala House Court, the Registrar General, his officers as

well as the DCP Mr. Jatin Narwal were there. They were asked to show the

Supreme Court order which was shown. Their I-Cards were demanded. The

phones were deposited and according to her only the lawyers who were named

in the order were permitted to attend the hearing and not even the advocates

who had filed Vakalatnama as the advocates-on record and who were asked to

leave. She further stated that when they were entering, there was a lot of

slogan calling. They felt very intimidated as the situation was extremely

hostile. According to her she repeatedly told the police and the Registrar

General to ensure the safety as there was a hostile atmosphere and she further

made repeated requests to the police officers reminding them that the safety of

the accused is paramount and that they also must be safely escorted to their

vehicle. She stated that they were in fear. According to her the slogganing

continued and severa] persons went to terrace from which the Court was

directly visible. She brought it to the notice of the l~egistrar General and the

DCP with the request to remove the counsels since there was an intimidating

environment. When the accused was produced, he was immediately taken to

the court room on the other side and the phones of the Counsels wJre also

taken. They were told to wait in the Court room opposite to the Court room

where the accused was to be produced. Their identity cards were checked and ,

every other requirement requested by the Registrar General was complied with.

She then stated that the accused was subjected to assault and beating.

According to the facts stated, the accused waS manhandled and beaten not

only at the time of entering the court premises but also inside the court room .

. 8he stated that while she was in the court room on the other side she'

sensed something in other court room and a man came out of the court room

where the accused was produced, wearing a suit and dark glasses and when he

was asked his name by the police, the man took off his glasses and questioned

the police as. to why he should disclose his name and he walked passed the

police officers and nobody stopped him. She wondered as to how this man

could come in and exit.

Thereafter she introduced the Jawaharlal Nehru University faculty

member Mr. Himanshu who stated that the accused Kanhaiya Kumar had

pointed to the man inside the room as the one who was beating and assaulted

on him and the faculty member Mr. Himanshu requested the three High Court

officials as well as police officers to please stop him, and to please arrest him as

this is the man who Kanhaiya Kumar was assaulted by and yet they allowed

the said man to go. Ms. Vrinda Grover then stated that he was first beaten 'up

outside. He lost his sleepers and' his clothes were torn in the process of

entering inside the Court. However, surprisingly these two unidentified men

were allowed to go inside the Court. According to her those two men came in

and assaulted Kanhaiya Kumar and the senior most police officers allowed

them to go. According to her the incident had happened in front of her eyes.

Ms. Grover asked the Committee members to verify these facts from DCP Mr.

J atin N arwal and the Registrar General of the High Court.

Mr. Raval requested DCP Mr. Jatin Narwal t? go and state his side of the

version so as to accurately report to this Hon'ble court. According to faculty

member Mr. Himanshu, the Registrar General of the High Court who was

present there was also requested to take action at the time when the accused I

was assaulted. Then Mr. Sibal asked the DCP 8hri Jatin Narwal as to why he

did not arrest the said person that he was' specifically pointed out, to which the (,

continued and severa] persons went to terrace from which the Court was

directly visible. She brought it to the notice of the l~egistrar General and the

DCP with the request to remove the counsels since there was an intimidating

environment. When the accused was produced, he was immediately taken to

the court room on the other side and the phones of the Counsels wJre also

taken. They were told to wait in the Court room opposite to the Court room

where the accused was to be produced. Their identity cards were checked and ,

every other requirement requested by the Registrar General was complied with.

She then stated that the accused was subjected to assault and beating.

According to the facts stated, the accused waS manhandled and beaten not

only at the time of entering the court premises but also inside the court room .

. 8he stated that while she was in the court room on the other side she'

sensed something in other court room and a man came out of the court room

where the accused was produced, wearing a suit and dark glasses and when he

was asked his name by the police, the man took off his glasses and questioned

the police as. to why he should disclose his name and he walked passed the

police officers and nobody stopped him. She wondered as to how this man

could come in and exit.

Thereafter she introduced the Jawaharlal Nehru University faculty

member Mr. Himanshu who stated that the accused Kanhaiya Kumar had

pointed to the man inside the room as the one who was beating and assaulted

on him and the faculty member Mr. Himanshu requested the three High Court

officials as well as police officers to please stop him, and to please arrest him as

this is the man who Kanhaiya Kumar was assaulted by and yet they allowed

the said man to go. Ms. Vrinda Grover then stated that he was first beaten 'up

outside. He lost his sleepers and' his clothes were torn in the process of

entering inside the Court. However, surprisingly these two unidentified men

were allowed to go inside the Court. According to her those two men came in

and assaulted Kanhaiya Kumar and the senior most police officers allowed

them to go. According to her the incident had happened in front of her eyes.

Ms. Grover asked the Committee members to verify these facts from DCP Mr.

J atin N arwal and the Registrar General of the High Court.

Mr. Raval requested DCP Mr. Jatin Narwal t? go and state his side of the

version so as to accurately report to this Hon'ble court. According to faculty

member Mr. Himanshu, the Registrar General of the High Court who was

present there was also requested to take action at the time when the accused I

was assaulted. Then Mr. Sibal asked the DCP 8hri Jatin Narwal as to why he

did not arrest the said person that he was' specifically pointed out, to which the (,

DCP replied that he did not know by that time that they were the attackers.

1\1r. Dave who had by then directly reached the Court also asked DCP whether

he allowed the attack to take place in Court premises. Mr. Dave also asked as

to whether Mr. Jatin Narwal posted his policeman and as to what they were

doing? According to OCP Mr. Jatin Narwal, there was an arrangement. Mr.

Sibal asked the DCP as to why a person who was not in court uniform or not

wearing a band was allowed inside the court premises despite the Supreme

Court Order. He was not even wearing the black suit but a gray stripes suit.

According to the OCP Shri Jatin Narwal, the said person came with an escort

party. Mr. A.D.N. Rao also asked as to why the said person was allowed inside

when the order of this Hon'ble court only permitted 6 named lawyers .and 5

joutnalists to be present. According to OCP, the said person had come from

gate ·No. 5. Mr. Rava1 asked the DCP as to how had he come with an escort

party and who authorized the escort.. Then the DCP said that it is not an

escort party to which Mr. Sibal confronted him that a moment ago he as said

that the said person came with an escort party. Dr. Dhawan asked him as to

wl)ether the name of the said person was on his list. Mr. Dave then asked the

DCP as to now have you arrested him or you have allowed him to run away. I

Mr. Dave asked as to how he was allowed to escape to which the DCP replied

that they do not know. According to DCP they knew of the Supreme Court

order and that is why they made the arrangement but the escort party was

from another district. According to the DCP Mr. Narwal, he was not there

inside ( this statement later on gets contradicted by the Registrar General who

in the presence of DCP had later stated that he was very much in the court

room).

According to DCP there were officers from the South District that

constituted the escort party. According to the DCP, the moment he got to know

that there are two persons sitting inside the court, he ran to arrest them. Mr.

pave repeatedly kept asking him that how could have they allowed anybody

else to enter the court room. The committee members were wondering as to

how they could enter and if they entered how could they leave, without they

I

being arrested despite security arrangements.

Mr. Sibal asked the person to be called whose duty it was. The SHO of

the area was requested to come forward. Mr. Sushi! Kumar ( who had no

nameplate on his uniform), came forward and identified himself as SHO Tilak ,

Marg Police Station. Mr Dave asked as to whether he was aware of the

Supreme Court's order, to which he replied in the affirmative. Mr. Sibal asked

as to how then the said person was allowed to enter the court room. The

Sarojini Nagar Police Station SHO was also present there. Nobody could repJy

DCP replied that he did not know by that time that they were the attackers.

1\1r. Dave who had by then directly reached the Court also asked DCP whether

he allowed the attack to take place in Court premises. Mr. Dave also asked as

to whether Mr. Jatin Narwal posted his policeman and as to what they were

doing? According to OCP Mr. Jatin Narwal, there was an arrangement. Mr.

Sibal asked the DCP as to why a person who was not in court uniform or not

wearing a band was allowed inside the court premises despite the Supreme

Court Order. He was not even wearing the black suit but a gray stripes suit.

According to the OCP Shri Jatin Narwal, the said person came with an escort

party. Mr. A.D.N. Rao also asked as to why the said person was allowed inside

when the order of this Hon'ble court only permitted 6 named lawyers .and 5

joutnalists to be present. According to OCP, the said person had come from

gate ·No. 5. Mr. Rava1 asked the DCP as to how had he come with an escort

party and who authorized the escort.. Then the DCP said that it is not an

escort party to which Mr. Sibal confronted him that a moment ago he as said

that the said person came with an escort party. Dr. Dhawan asked him as to

wl)ether the name of the said person was on his list. Mr. Dave then asked the

DCP as to now have you arrested him or you have allowed him to run away. I

Mr. Dave asked as to how he was allowed to escape to which the DCP replied

that they do not know. According to DCP they knew of the Supreme Court

order and that is why they made the arrangement but the escort party was

from another district. According to the DCP Mr. Narwal, he was not there

inside ( this statement later on gets contradicted by the Registrar General who

in the presence of DCP had later stated that he was very much in the court

room).

According to DCP there were officers from the South District that

constituted the escort party. According to the DCP, the moment he got to know

that there are two persons sitting inside the court, he ran to arrest them. Mr.

pave repeatedly kept asking him that how could have they allowed anybody

else to enter the court room. The committee members were wondering as to

how they could enter and if they entered how could they leave, without they

I

being arrested despite security arrangements.

Mr. Sibal asked the person to be called whose duty it was. The SHO of

the area was requested to come forward. Mr. Sushi! Kumar ( who had no

nameplate on his uniform), came forward and identified himself as SHO Tilak ,

Marg Police Station. Mr Dave asked as to whether he was aware of the

Supreme Court's order, to which he replied in the affirmative. Mr. Sibal asked

as to how then the said person was allowed to enter the court room. The

Sarojini Nagar Police Station SHO was also present there. Nobody could repJy

as to how 2 men entered into the court room despite the order of the Supreme 6 S?;

,urt which permitted only the named persons therein to enter. Mr. Dhawan,

and Mr. Sibal repeatedly asked all the police personnel as to how the person

whose name was not on the list as per the Supreme Court order could enter

the Court room.

The police official Mr. Vii·ender Jain who had himself stated to have

accompanied the accused was asked as to how persons other than those

named in the order of the Supreme Court were permitted to enter. According to

8hri Virender Jain, the said person when asked, replied that he was the lawyer

of the accused. He was specifically asked as to whether the accused was

beaten/ assaulted by the said person who had managed to eriter the Court

room to which Mr. Virender Jain replied that he does not know whether the

said person was inside the Court Room. It was surprising though he was in

the Court room with the accused and yet he could not ascertain whether the

accused was in fact beaten up or not. Mr Sibal then asked the police personnel

to call the officer who permitted the said persons to enter the Court room. Mr.

Dhawan asked to call all those officers who were present at the time when the

beating took place. According to Committee members unanimously, the

responsibility had to be fastened on all the police personnel who were present

there and were aware of the direction of this Hon'ble Court despite this

unauthorizedly two persons were knowingly permitted to enter and let assault

take place in the Court Room and outside in the Court premises.

Mr. Sibal repeatedly kept asking as to who are the officers? Mr. Dave

asked as to whether the assault had taken place in the room that they were

standing, to which the DCP responded that "It did not take place", meaning in

the Court room where we are standing. According to the DCP the assault took

place somewhere on the way. Mr. Himanshu, faculty member requested the

Committee members to ascertain the same from the Registrar General of the

High Court of Delhi. The Committee members asked the faculty member to

confirm whether the assault did in fact take place in the Court Room, which

..;vas replied to by the Faculty member that the assault took place inside the

Court Room.

The Committee' Members recorded the entire statement of Kanhaiya

Kumar, accused, who came inside the other Court room where the Committee

members were present. Amongst other things in the longish statement of

Kanhaiya Kumar, what is remarkable is that he stated that he had repeatedly

brought to the attention of the personnel that the person who had assaulted

him at an earlier occasiol1., was inside the Court Room, despite which no action

.1

as to how 2 men entered into the court room despite the order of the Supreme 6 S?;

,urt which permitted only the named persons therein to enter. Mr. Dhawan,

and Mr. Sibal repeatedly asked all the police personnel as to how the person

whose name was not on the list as per the Supreme Court order could enter

the Court room.

The police official Mr. Vii·ender Jain who had himself stated to have

accompanied the accused was asked as to how persons other than those

named in the order of the Supreme Court were permitted to enter. According to

8hri Virender Jain, the said person when asked, replied that he was the lawyer

of the accused. He was specifically asked as to whether the accused was

beaten/ assaulted by the said person who had managed to eriter the Court

room to which Mr. Virender Jain replied that he does not know whether the

said person was inside the Court Room. It was surprising though he was in

the Court room with the accused and yet he could not ascertain whether the

accused was in fact beaten up or not. Mr Sibal then asked the police personnel

to call the officer who permitted the said persons to enter the Court room. Mr.

Dhawan asked to call all those officers who were present at the time when the

beating took place. According to Committee members unanimously, the

responsibility had to be fastened on all the police personnel who were present

there and were aware of the direction of this Hon'ble Court despite this

unauthorizedly two persons were knowingly permitted to enter and let assault

take place in the Court Room and outside in the Court premises.

Mr. Sibal repeatedly kept asking as to who are the officers? Mr. Dave

asked as to whether the assault had taken place in the room that they were

standing, to which the DCP responded that "It did not take place", meaning in

the Court room where we are standing. According to the DCP the assault took

place somewhere on the way. Mr. Himanshu, faculty member requested the

Committee members to ascertain the same from the Registrar General of the

High Court of Delhi. The Committee members asked the faculty member to

confirm whether the assault did in fact take place in the Court Room, which

..;vas replied to by the Faculty member that the assault took place inside the

Court Room.

The Committee' Members recorded the entire statement of Kanhaiya

Kumar, accused, who came inside the other Court room where the Committee

members were present. Amongst other things in the longish statement of

Kanhaiya Kumar, what is remarkable is that he stated that he had repeatedly

brought to the attention of the personnel that the person who had assaulted

him at an earlier occasiol1., was inside the Court Room, despite which no action

.1

was taken either by the Police or the Registrar General. According to him he

had also brought the facts to the notice of the Ld. Magistrate as regards the

assault. Kanhaiya Kumar looked intimidated, terrified, injured and could not

even stand up from ti-is chair. He narrated the entire incident in the following

words, which can be briefly stated as under:

. iiThat the police brought me to the Court and I did not know the gate number

from where we entered." First he was attacked as soon as he entered inside the

premises of the Patiala House Court, in which process. even media persons

were injured. Thereafter there was a mob, which was in dress of Advocates,

and which attacked him. Mr. Siba~ asked him as to when was he attacked to

which he responded saying while entering inside the Court. According to him

the mob was prepared to attack him. Out of these persons in the mob; some

persons v.:e~e calling other persons to join them in the assault by distinctively

shouting iiHehas come" "He has come". He was then assaulted and dealt with

by fist and kick blows in stomach arid other parts of his body. When Mr. Sibal

and Mr. Dave asked him as to who were the Policemen with whom he was

accompanied and whether he could identify the assaulter? He replied that even

the policemen were being assaulted and he could not identify the assailants as

he was being beaten.

The DCP tried to intervene while Mr. Dave and Mr. Sibal asked him as to what

was the police doing and how did they not resort to Lathicharge and other

police measures to stop the assault? According to the police, some personl also

inDicted blade injury on a policeman. Even according to the accused, Kanhaiya

Kumar, the police who had escorted the said accused were also assaulted. Mr.

Sibal asked as to whether there were other policemen at the place where he

was beaten? To which he responded in the affirmative. According to the

accused, there was a Mob. He was asked as to whether there were policemen

nearby and what they were doing? Kanhaiya Kumar replied that there were

policemen but he could not see as to what they were doing as he had fallen to

the ground on account of th~ repeated fists/kick blows to his body. Mr. Sibal

asked the DCP as to whether he was listening to these statements? DCP had

no reply.

Mr. Sibal asked the DCP to give the names of all those police personnel who

were present there. According to the accused they have come right inside from

the Entrance gate, and out of them one person from the mob managed to get

inside the Court room" who then came and sat behind the accused. According

to the accused he immediately informed the faculty member, Mr. Himanshu

that the person sitting behind was the person who had assaulted him earlier,

and he had identified him. The. police then asked the said person as to what

was he doing? To which' the said person'replied to the police in uniform as to

was taken either by the Police or the Registrar General. According to him he

had also brought the facts to the notice of the Ld. Magistrate as regards the

assault. Kanhaiya Kumar looked intimidated, terrified, injured and could not

even stand up from ti-is chair. He narrated the entire incident in the following

words, which can be briefly stated as under:

. iiThat the police brought me to the Court and I did not know the gate number

from where we entered." First he was attacked as soon as he entered inside the

premises of the Patiala House Court, in which process. even media persons

were injured. Thereafter there was a mob, which was in dress of Advocates,

and which attacked him. Mr. Siba~ asked him as to when was he attacked to

which he responded saying while entering inside the Court. According to him

the mob was prepared to attack him. Out of these persons in the mob; some

persons v.:e~e calling other persons to join them in the assault by distinctively

shouting iiHehas come" "He has come". He was then assaulted and dealt with

by fist and kick blows in stomach arid other parts of his body. When Mr. Sibal

and Mr. Dave asked him as to who were the Policemen with whom he was

accompanied and whether he could identify the assaulter? He replied that even

the policemen were being assaulted and he could not identify the assailants as

he was being beaten.

The DCP tried to intervene while Mr. Dave and Mr. Sibal asked him as to what

was the police doing and how did they not resort to Lathicharge and other

police measures to stop the assault? According to the police, some personl also

inDicted blade injury on a policeman. Even according to the accused, Kanhaiya

Kumar, the police who had escorted the said accused were also assaulted. Mr.

Sibal asked as to whether there were other policemen at the place where he

was beaten? To which he responded in the affirmative. According to the

accused, there was a Mob. He was asked as to whether there were policemen

nearby and what they were doing? Kanhaiya Kumar replied that there were

policemen but he could not see as to what they were doing as he had fallen to

the ground on account of th~ repeated fists/kick blows to his body. Mr. Sibal

asked the DCP as to whether he was listening to these statements? DCP had

no reply.

Mr. Sibal asked the DCP to give the names of all those police personnel who

were present there. According to the accused they have come right inside from

the Entrance gate, and out of them one person from the mob managed to get

inside the Court room" who then came and sat behind the accused. According

to the accused he immediately informed the faculty member, Mr. Himanshu

that the person sitting behind was the person who had assaulted him earlier,

and he had identified him. The. police then asked the said person as to what

was he doing? To which' the said person'replied to the police in uniform as to

who are they, and asked them to show their ID Cards. According to the 1u ~cused, there were Supreme Court officers present there, which Mr. Dhay,ran

clarified to be the officers of the Delhi High Court. According to the accused,

the said persons left after attacking him in front of the police and the Police did

nothing.

According to the accused, this person could have been arrested there and then.

The accused further said that he told everyone (the police and the Officials of

the High Court) that this person has assaulted him. Mr. Sibal and Committee

members askedas to whether he could identify the Police personnel who were

present there vvith him to which he replied in the affirmative. According to him

/his lawyer Ms. Grover also asked the police officer about his name and his

name plate, to which the police in uniform without the nameplate replied that

during pushing the name plate must have fallen down. The accused told the

. said police officer that he is complaining and that he has identified that person

to be one of them who had assaulted him while he was brought to the Court.

He was, the first person near the gate and the first one who attacked him and

therefore the' accused had seen him and could identify him. According to the

accused he was dealt with fists and kick blows, amidst constant sloganning

and hurling of abuses at him. Mr. Sibal asked as to whether the Police was a

mute spectator? According to the accused, the assailants were highly politically

motivated persons. The accused stated that he was brought inside the Court

room.

The lawyer, Ms. Grover came inside and met him, and he was thereafter given a

glass of water. Ms. Grover then asked the police officers as to why he had lost

his slippers and why were his clothes torn, and how could he be attacked in

the presence of the police? Kanhaiya kumar stated that he also explained these

facts before the ld. Magistrate. The accused stated that he informed the Hon'ble

Judge that when he vvas first produced before him on the earlier day, nothing

had happened. According to him, he had narrated the entire incident despite

him having no lawyer. He further stated that he was a student of Jawaharlal

Nehru University, and a citizen of this Country and was currently pursuing his

PHD. Mr. Sibal asked as to whether the Hon'ble Judge did anything? According

to the accused, the Hon'ble Judge said that he would look into it. The lawyers

demanded for his medical examination. According to the ld. Judge, if the

accused was taken out of the Court, there was a strong likelihood of another

attack on the accused. Therefore he :vas given primary treatment in the Court

dispensary there. He requested the Hon'ble Judge to make a note that he was

under threat, fear and intimidation. According to the Ld. Lawyer, the Hon'ble

Judge was little reluctant to take all these facts on record and therefore the

accused was penning down these facts in his own handwriting to be made part

of the record. The Hon'ble Judge said that let the accused make a statement

;.-

who are they, and asked them to show their ID Cards. According to the 1u ~cused, there were Supreme Court officers present there, which Mr. Dhay,ran

clarified to be the officers of the Delhi High Court. According to the accused,

the said persons left after attacking him in front of the police and the Police did

nothing.

According to the accused, this person could have been arrested there and then.

The accused further said that he told everyone (the police and the Officials of

the High Court) that this person has assaulted him. Mr. Sibal and Committee

members askedas to whether he could identify the Police personnel who were

present there vvith him to which he replied in the affirmative. According to him

/his lawyer Ms. Grover also asked the police officer about his name and his

name plate, to which the police in uniform without the nameplate replied that

during pushing the name plate must have fallen down. The accused told the

. said police officer that he is complaining and that he has identified that person

to be one of them who had assaulted him while he was brought to the Court.

He was, the first person near the gate and the first one who attacked him and

therefore the' accused had seen him and could identify him. According to the

accused he was dealt with fists and kick blows, amidst constant sloganning

and hurling of abuses at him. Mr. Sibal asked as to whether the Police was a

mute spectator? According to the accused, the assailants were highly politically

motivated persons. The accused stated that he was brought inside the Court

room.

The lawyer, Ms. Grover came inside and met him, and he was thereafter given a

glass of water. Ms. Grover then asked the police officers as to why he had lost

his slippers and why were his clothes torn, and how could he be attacked in

the presence of the police? Kanhaiya kumar stated that he also explained these

facts before the ld. Magistrate. The accused stated that he informed the Hon'ble

Judge that when he vvas first produced before him on the earlier day, nothing

had happened. According to him, he had narrated the entire incident despite

him having no lawyer. He further stated that he was a student of Jawaharlal

Nehru University, and a citizen of this Country and was currently pursuing his

PHD. Mr. Sibal asked as to whether the Hon'ble Judge did anything? According

to the accused, the Hon'ble Judge said that he would look into it. The lawyers

demanded for his medical examination. According to the ld. Judge, if the

accused was taken out of the Court, there was a strong likelihood of another

attack on the accused. Therefore he :vas given primary treatment in the Court

dispensary there. He requested the Hon'ble Judge to make a note that he was

under threat, fear and intimidation. According to the Ld. Lawyer, the Hon'ble

Judge was little reluctant to take all these facts on record and therefore the

accused was penning down these facts in his own handwriting to be made part

of the record. The Hon'ble Judge said that let the accused make a statement

;.-

WhICh would then come on rceora. Mr. unawan speCllleallY aSKea as to 1-') whether thereafter he was attacked in the Court Room? To which the accused

replied, not in the Court, in which the Committee members had come, but in

the other Court room.

According to the accused, the person who was inside had already planned to do

something to him. According to the accused there was a life threatening attack

made on him. According to Mr. Sibal, the consequence of the events would

show that there was neither any arrangement on the gate, nor inside the Court

Room. According to Ms. Grover the incident took place after 2:30 P.M. Mr. Dave

asked as to whether the Supreme Court order was communicated, and the

order was in the affirmative, stating that the copies of the order were given.

According to Ms. Grover if they were frisked, how was it, that other man was

allO\yed to enter inside the Court Room. The Committee members unanimously

felt that this was a serious matter and if the Delhi Police knew about the

Supreme Court's order, how could this have ever happened?

Ms. Grover asked Mr. Himanshu, faculty member, to narrate the events as he

was present there. According to Ms'. Grover, she made repeated requests to the

Police to provide the security, which the police did not provide. According to

her, she repeatedly expressed her apprehension. Although the Police Officers

kept sayin.'g' "yes" "yes", but they did not take any steps. According to her the

security arrangements and bandobast which was recorded in the video had

come in only now inside the Court room, when the people appointed by the

Supreme Court to witness the event had come and find out the facts were sent.

Ms. Grover showed the far end of the hallway from where he was brought, and

said that there was no arrangement when the accused was brought in, despite

her repeated requests. He was brought in the hallway, and they were sitting

inside the Court room where the accused was produced. The Registrar General

was sitting inside the Court Room. (In the background, the slogans shouting . I

even against Mr. Sibal, a member of the Committee are distinctly heard in the

video recording. It may be' mentioned that there was continuous slogan

shouting which escalated the surcharging of atmosphere. There was a clear

attempt to create an atmosphere of fear and intimidation, which was witnessed

by the Members of the Fact finding Committee.

The Ld. Registrar General refused to acknowledge that the Accused was hit in

his presence, and that according to him he had not seen it. Though the

Registrar General had acknowledged the fact that this person who was not one

of the persons permitted by the Hon'ble Supreme Court was very much present

inside the Court Room. Mr. Himanshu, Faculty member, then narrated that the

entire incident took place in the presence of the Registrar General. According to

the Registrar General he had not seen that the accused was being hit by that

person but according to him he did in fa.ct inquire from the SHO as to who he

WhICh would then come on rceora. Mr. unawan speCllleallY aSKea as to 1-') whether thereafter he was attacked in the Court Room? To which the accused

replied, not in the Court, in which the Committee members had come, but in

the other Court room.

According to the accused, the person who was inside had already planned to do

something to him. According to the accused there was a life threatening attack

made on him. According to Mr. Sibal, the consequence of the events would

show that there was neither any arrangement on the gate, nor inside the Court

Room. According to Ms. Grover the incident took place after 2:30 P.M. Mr. Dave

asked as to whether the Supreme Court order was communicated, and the

order was in the affirmative, stating that the copies of the order were given.

According to Ms. Grover if they were frisked, how was it, that other man was

allO\yed to enter inside the Court Room. The Committee members unanimously

felt that this was a serious matter and if the Delhi Police knew about the

Supreme Court's order, how could this have ever happened?

Ms. Grover asked Mr. Himanshu, faculty member, to narrate the events as he

was present there. According to Ms'. Grover, she made repeated requests to the

Police to provide the security, which the police did not provide. According to

her, she repeatedly expressed her apprehension. Although the Police Officers

kept sayin.'g' "yes" "yes", but they did not take any steps. According to her the

security arrangements and bandobast which was recorded in the video had

come in only now inside the Court room, when the people appointed by the

Supreme Court to witness the event had come and find out the facts were sent.

Ms. Grover showed the far end of the hallway from where he was brought, and

said that there was no arrangement when the accused was brought in, despite

her repeated requests. He was brought in the hallway, and they were sitting

inside the Court room where the accused was produced. The Registrar General

was sitting inside the Court Room. (In the background, the slogans shouting . I

even against Mr. Sibal, a member of the Committee are distinctly heard in the

video recording. It may be' mentioned that there was continuous slogan

shouting which escalated the surcharging of atmosphere. There was a clear

attempt to create an atmosphere of fear and intimidation, which was witnessed

by the Members of the Fact finding Committee.

The Ld. Registrar General refused to acknowledge that the Accused was hit in

his presence, and that according to him he had not seen it. Though the

Registrar General had acknowledged the fact that this person who was not one

of the persons permitted by the Hon'ble Supreme Court was very much present

inside the Court Room. Mr. Himanshu, Faculty member, then narrated that the

entire incident took place in the presence of the Registrar General. According to

the Registrar General he had not seen that the accused was being hit by that

person but according to him he did in fa.ct inquire from the SHO as to who he

.. . . 1~ was and that he should be removed and arrested. Mr. Dave asked hIm as to

vhether the Registrar General was aware of the Supreme Court order and as to

how a person not named therein may be allowed to enter inside the Court

Room. The ld. Registrar General replied that he was aware of the order of this

Hon'ble Court and according to him, he had already given directions to the

Police. Furthermore he had directed the DCP and a copy of the Order of the

. Supreme Court was also given to him.

The ld. Registrar General was asked, as to how such person could come inside

the Court Room, to which he answered that it was only the police personnel

who could reply. Mr. A.D.N. Rao asked the Registrar General that if the Hon'ble

Supreme Court had named only six lawyers and five journalists who' were

permitted to go inside the-Court room; then how could any other person enter?

Mr. Raval asked a very simple question to the Registrar General that if the

Supreme Court order was known to him and if a person who was not looking

like a lawyer, was present inside the Court room, did the Registrar General

~~ inquireql. about his presenc~? To which the Registrar General replied that

realizing that this person was not in the list, he should be arrested. Mr. Kapil

Sibal asked the Registrar General as to how he was permitted to go, to which

the Registrar General replied that there were 12 to 13 policemen. Mr. Sibal

asked as to why did he not get him arrested, to which the ld. Registrar General

said that he did in fact asked that this man should be arrested. Mr. Sibal I

asked to whom did the Registrar General asked for arresting the man, to which

it was replied that "to policemen". On repeated inquiry as to which policeman

was asked to make the arrest, the Registrar General responded by saying, to

each and everyone.of the police personnel who were present there. (If this were

believed to be true, there was a complete failure of discharge of duties of one

and all, more particularly the police personnel, especially in light of the Orders

rendered by the Hon'ble Supreme Court in the forenoon). Mr. Sibal asked the

Id. Registrar General to identify one or two of the twelve or thirteen police

personnel to whom he asked regarding making of the arrest? According to the

Registrar General, the said request was made to the DCP. He said that the

DCP, Mr. Jatin Narwal was also there. It was then that the DCr Mr. Narwal,

was asked by Mr. Siba1 as to why he did not arrest that man, despite the

Registrar General asking him to do so? The DCP flatly refused that he was not

asked by the Registrar General to make the arrest, to which the Registrar

General reiterated saying that he did ask the· DCP to make the arrest.

According to Ld. Registrar General there were 10 - 12 other personnel in

addition to the DCP who were all told to arrest the man. Mr. Sibal asked DCP

to give the names of all the police personnel with their designations. According

to DCP, on being questioned as to who were those 12 to 13 police persons, he

replied that those were the 0fficers fr~rr: the South Delhi District team.

.. . . 1~ was and that he should be removed and arrested. Mr. Dave asked hIm as to

vhether the Registrar General was aware of the Supreme Court order and as to

how a person not named therein may be allowed to enter inside the Court

Room. The ld. Registrar General replied that he was aware of the order of this

Hon'ble Court and according to him, he had already given directions to the

Police. Furthermore he had directed the DCP and a copy of the Order of the

. Supreme Court was also given to him.

The ld. Registrar General was asked, as to how such person could come inside

the Court Room, to which he answered that it was only the police personnel

who could reply. Mr. A.D.N. Rao asked the Registrar General that if the Hon'ble

Supreme Court had named only six lawyers and five journalists who' were

permitted to go inside the-Court room; then how could any other person enter?

Mr. Raval asked a very simple question to the Registrar General that if the

Supreme Court order was known to him and if a person who was not looking

like a lawyer, was present inside the Court room, did the Registrar General

~~ inquireql. about his presenc~? To which the Registrar General replied that

realizing that this person was not in the list, he should be arrested. Mr. Kapil

Sibal asked the Registrar General as to how he was permitted to go, to which

the Registrar General replied that there were 12 to 13 policemen. Mr. Sibal

asked as to why did he not get him arrested, to which the ld. Registrar General

said that he did in fact asked that this man should be arrested. Mr. Sibal I

asked to whom did the Registrar General asked for arresting the man, to which

it was replied that "to policemen". On repeated inquiry as to which policeman

was asked to make the arrest, the Registrar General responded by saying, to

each and everyone.of the police personnel who were present there. (If this were

believed to be true, there was a complete failure of discharge of duties of one

and all, more particularly the police personnel, especially in light of the Orders

rendered by the Hon'ble Supreme Court in the forenoon). Mr. Sibal asked the

Id. Registrar General to identify one or two of the twelve or thirteen police

personnel to whom he asked regarding making of the arrest? According to the

Registrar General, the said request was made to the DCP. He said that the

DCP, Mr. Jatin Narwal was also there. It was then that the DCr Mr. Narwal,

was asked by Mr. Siba1 as to why he did not arrest that man, despite the

Registrar General asking him to do so? The DCP flatly refused that he was not

asked by the Registrar General to make the arrest, to which the Registrar

General reiterated saying that he did ask the· DCP to make the arrest.

According to Ld. Registrar General there were 10 - 12 other personnel in

addition to the DCP who were all told to arrest the man. Mr. Sibal asked DCP

to give the names of all the police personnel with their designations. According

to DCP, on being questioned as to who were those 12 to 13 police persons, he

replied that those were the 0fficers fr~rr: the South Delhi District team.

A "f] .

3 9 speCl IC questlOn was asked to DCP by Mr. Raval that when the ld. Registral

General asked the DCP to arrest that man, why and how did he not arrest him?

According to the DCP when h~ got to know, he ran but Mr. Raval interrupted

him that according to the Registrar General, the DCP was inside the Court

I~oom. The Ld. Registrar General reiterated that the DCP was inside the Court

room along with his 10 - 12 other policeman. According to the DCP there was a

time gap and the moment he got to know of the incident, he ran and chased

them. Mr. Raval told the Committee members that we proceed on the basis of

the version given to us by the Ld. Registrar General, which was unanimously

agreed to by the Committee.

The officer who was from the South District team was the additional DCP and

was. asked to give the name of the policemen deployed inside the Court Room.

He than said that he will take the names and inform us. He was Mr. Sanjay

Bhatia. The DCP said that the moment he came to know, he chased that man.

It is a fact and rather unbelievaqle, that the said man was not arrested despite

the DCP chasing that man in presence of so many police personnel. Mr. Bhatia

said his team was not there and he could not be inside the court room.

According to Mr. Bhatia" it was the escort party (this appears to be a clear

attempt to pass on the burden to one -another) .

According to the Registrar General, there were two people inside the court'

room, which was confirmed by the other officers of the Hon'ble High Court.

According to Ld. Registrar General, there were two men but he had seen only

one. According to faculty member Mr. Himanshu, one was in grey suit and one

was in black spit. At that moment Mr. Harin Raval stops the recording and

sends it to a junior through whatsapp message 'since there was an

apprehension that as by then everybody would come to know that there is a

recording of events happening, there might be an attempt to even take the

phone or cause any damage to it. The phone was given to Mr. A.D.N. Rao so

that if the word spread that the recording was done by Mr. Raval at least the

phone which contained recording could safely reach this Hon'bie Court for true

and accurate reporting of the event which were captured on video.

Mr. Dave before leaving instructed the DCP that the safety of the accuse4, the

media persons and the counsels of the accused had to be personally ensured

by the DCP in terms' of the Orders passed by this Hon'ble Court. This was

recorded on an another mobile phone of Mr. Raval since the earlier I-Phone was

already handed over to Mr. Rao who had started to 'leave with the others.

That after gathering all the facts from inside the two court rooms, the

members of the Committee left to come to the Hon'ble Supreme Court. The

. IA/ atmosphere outside was surcharged and intimidating, Abuses were also

~ shouted and hurled on M'e, Sibal and all other committee members, There was

,I

A "f] .

3 9 speCl IC questlOn was asked to DCP by Mr. Raval that when the ld. Registral

General asked the DCP to arrest that man, why and how did he not arrest him?

According to the DCP when h~ got to know, he ran but Mr. Raval interrupted

him that according to the Registrar General, the DCP was inside the Court

I~oom. The Ld. Registrar General reiterated that the DCP was inside the Court

room along with his 10 - 12 other policeman. According to the DCP there was a

time gap and the moment he got to know of the incident, he ran and chased

them. Mr. Raval told the Committee members that we proceed on the basis of

the version given to us by the Ld. Registrar General, which was unanimously

agreed to by the Committee.

The officer who was from the South District team was the additional DCP and

was. asked to give the name of the policemen deployed inside the Court Room.

He than said that he will take the names and inform us. He was Mr. Sanjay

Bhatia. The DCP said that the moment he came to know, he chased that man.

It is a fact and rather unbelievaqle, that the said man was not arrested despite

the DCP chasing that man in presence of so many police personnel. Mr. Bhatia

said his team was not there and he could not be inside the court room.

According to Mr. Bhatia" it was the escort party (this appears to be a clear

attempt to pass on the burden to one -another) .

According to the Registrar General, there were two people inside the court'

room, which was confirmed by the other officers of the Hon'ble High Court.

According to Ld. Registrar General, there were two men but he had seen only

one. According to faculty member Mr. Himanshu, one was in grey suit and one

was in black spit. At that moment Mr. Harin Raval stops the recording and

sends it to a junior through whatsapp message 'since there was an

apprehension that as by then everybody would come to know that there is a

recording of events happening, there might be an attempt to even take the

phone or cause any damage to it. The phone was given to Mr. A.D.N. Rao so

that if the word spread that the recording was done by Mr. Raval at least the

phone which contained recording could safely reach this Hon'bie Court for true

and accurate reporting of the event which were captured on video.

Mr. Dave before leaving instructed the DCP that the safety of the accuse4, the

media persons and the counsels of the accused had to be personally ensured

by the DCP in terms' of the Orders passed by this Hon'ble Court. This was

recorded on an another mobile phone of Mr. Raval since the earlier I-Phone was

already handed over to Mr. Rao who had started to 'leave with the others.

That after gathering all the facts from inside the two court rooms, the

members of the Committee left to come to the Hon'ble Supreme Court. The

. IA/ atmosphere outside was surcharged and intimidating, Abuses were also

~ shouted and hurled on M'e, Sibal and all other committee members, There was

,I

an'lf "igation to intimidate the committee members and create an atmosphere

of fear and ter~o~. The upbeat mood of the crowd in lawyers dress who

continuously were shouting slogans and abuses to present a terrorizing

atmosphere was clearly visible The police team which had accompanied the

Committee members from the Hon'ble Supreme Court realized the gravity of

the situation and encircled the committee members by forming a Security ring

of the officers as the committee members started walking from the cQurt room

towards the gate to go the Supreme Court in the police vehicles. The said ring

of police officers! cordon was broken on more than 3 occasions by the lawyers

who were present in the Court Compound despite the presence of other Delhi

Police personnel. There was continuous slogan raising, shouting, hurling of

abuses through out. After coming out of the Court building within the I

premises of the Patiala House court, sandstones were thrown on the members

of the committee. Even a shvriece of a broken flower pot was also thrown. A

half filled plastic water bottl~t were also thrown. The intimidating shouting and

chanting of slogans continued. That but for the security ring provided by the

officers of the Supreme Court Security police, it would not have been possible

for the committee members to come out unscathed. It was only on account of

the security cover provided by DCP Mr. Bhardwaj of the Supreme Court and

his personnel accompanying the members that the committee members could

be safely evacuated from Court premises. Though, there was large number of

police personnel deployed, they could not contain the other lawyers present in

large number to intimidate one and all.

All Committee members felt that the atmosphere, to say the least not

being at a~l congenial, was surcharging, threatening and frightening and the

Police had completely failed in its duty to contain the atmosphere and the

crowd.

After reaching this Court, Mr. Dhawan briefly narrated the entire

incident. Mr. Raval apprised this Hon'ble Court that a video recording of the

entire fact finding inquiry on his personal cell phone was made. It was also

apprised to this Hon'ble Court that for the purpose of having the video saved,

even in case of loss of phone or on account of any other damage, he had sent

the video clips to his colleague from Patiala House Court room itself so that the

video clip could be preserved even if the phone was forcibly taken over or

damaged, or the video was otherwise contaminated or tampered with, It may

be mentioned that it was on account of surcharged atmosphere and the

intimidating situation that these precautions were deemed appropriate to be

taken. The colleagues of Mr. Raval have been requested not to part with this

recording with anyone. A couple of requests were received from the Press to Mr.

Raval inquiring whether it will be possible to share the video clips. The request

.1

an'lf "igation to intimidate the committee members and create an atmosphere

of fear and ter~o~. The upbeat mood of the crowd in lawyers dress who

continuously were shouting slogans and abuses to present a terrorizing

atmosphere was clearly visible The police team which had accompanied the

Committee members from the Hon'ble Supreme Court realized the gravity of

the situation and encircled the committee members by forming a Security ring

of the officers as the committee members started walking from the cQurt room

towards the gate to go the Supreme Court in the police vehicles. The said ring

of police officers! cordon was broken on more than 3 occasions by the lawyers

who were present in the Court Compound despite the presence of other Delhi

Police personnel. There was continuous slogan raising, shouting, hurling of

abuses through out. After coming out of the Court building within the I

premises of the Patiala House court, sandstones were thrown on the members

of the committee. Even a shvriece of a broken flower pot was also thrown. A

half filled plastic water bottl~t were also thrown. The intimidating shouting and

chanting of slogans continued. That but for the security ring provided by the

officers of the Supreme Court Security police, it would not have been possible

for the committee members to come out unscathed. It was only on account of

the security cover provided by DCP Mr. Bhardwaj of the Supreme Court and

his personnel accompanying the members that the committee members could

be safely evacuated from Court premises. Though, there was large number of

police personnel deployed, they could not contain the other lawyers present in

large number to intimidate one and all.

All Committee members felt that the atmosphere, to say the least not

being at a~l congenial, was surcharging, threatening and frightening and the

Police had completely failed in its duty to contain the atmosphere and the

crowd.

After reaching this Court, Mr. Dhawan briefly narrated the entire

incident. Mr. Raval apprised this Hon'ble Court that a video recording of the

entire fact finding inquiry on his personal cell phone was made. It was also

apprised to this Hon'ble Court that for the purpose of having the video saved,

even in case of loss of phone or on account of any other damage, he had sent

the video clips to his colleague from Patiala House Court room itself so that the

video clip could be preserved even if the phone was forcibly taken over or

damaged, or the video was otherwise contaminated or tampered with, It may

be mentioned that it was on account of surcharged atmosphere and the

intimidating situation that these precautions were deemed appropriate to be

taken. The colleagues of Mr. Raval have been requested not to part with this

recording with anyone. A couple of requests were received from the Press to Mr.

Raval inquiring whether it will be possible to share the video clips. The request

.1

were denied. The video clips have recorded in the phone and were transferred

on the office computer by Mr. Raval in his office where from they were

transferred to a newly purchased pen drive of scan disc make. The said video

recordings have been transferred into 2 .sepatatepen-drives each containing ,

the same recording and are being presented in two separate sealed covers.

The transcript of recording has also been made under personal

supervision of colleague of Mr, Raval. The said trqnscripts are also produced

for perusal of this Hon'bleCourt in a separate sealed cover. Utmost attempt

has been made to see that transcripts depict the video recordings as truthfully

and ·possible.

The Committee is beholden to the directions of this Hon'ble Court for the

purpose of providing security through the DCP attached to Supreme Court

Security without whose assistance and help it would never have been possible

to reach the premises, much less complete the fact finding inquiry directed by

this Hon'ble Court nor would it have been possible to come out unscathed in

view of this highly surcharged and intimidating atmosphere created at the

PaHala House Court.

L..vv' Shri Kapil Sibal (Sr. Advocate) Shri (Dr.) Raj/v Dha'fan (SL Advocate)

~5 (R:(J-! hSl b Shri Ajit Kumar Sinha ( r. Advocate) Shri Dushyant Dave (Sr. Advocate)

~~:::.:~ e),l)N-Shri Harin P.' Shri A.D.N. Rao (Advocate)

.1 I

were denied. The video clips have recorded in the phone and were transferred

on the office computer by Mr. Raval in his office where from they were

transferred to a newly purchased pen drive of scan disc make. The said video

recordings have been transferred into 2 .sepatatepen-drives each containing ,

the same recording and are being presented in two separate sealed covers.

The transcript of recording has also been made under personal

supervision of colleague of Mr, Raval. The said trqnscripts are also produced

for perusal of this Hon'bleCourt in a separate sealed cover. Utmost attempt

has been made to see that transcripts depict the video recordings as truthfully

and ·possible.

The Committee is beholden to the directions of this Hon'ble Court for the

purpose of providing security through the DCP attached to Supreme Court

Security without whose assistance and help it would never have been possible

to reach the premises, much less complete the fact finding inquiry directed by

this Hon'ble Court nor would it have been possible to come out unscathed in

view of this highly surcharged and intimidating atmosphere created at the

PaHala House Court.

L..vv' Shri Kapil Sibal (Sr. Advocate) Shri (Dr.) Raj/v Dha'fan (SL Advocate)

~5 (R:(J-! hSl b Shri Ajit Kumar Sinha ( r. Advocate) Shri Dushyant Dave (Sr. Advocate)

~~:::.:~ e),l)N-Shri Harin P.' Shri A.D.N. Rao (Advocate)

.1 I

Ms.

Grover:

TRANSCRIPT OF THE VIDEO RECORDING

Vrinda When we came here, the Registrar General

was here, the DCP is here, Mr. Jatin Narwal,

various other senior police officers are here.

We were asked to show Court the Supreme

Court Order. We showed that. The names of

those lawyers, in fact Mr.· Bumkin's two

JunlOrs, were actually on record 111 the

Vakalatnarria. They said they will not be

permitted. Only the lawyers whose names

are there. We said Yes'. Only those people

would appear. When we were entering, there

was lot of sloganeering. I told you that they

were too very anxious and there was fear in

us. I repeatedly told the police and I told the

Registrar General in as In8ny words "Please

ensure the safety. There is a hostile

atlnosphere in the Patiala House premises

and safety is paramount and we have to be

escorted till our vehicles." This sloganeering

has continued. Thereafter, went to the

terrace here from where this court is directly

visible and the sloganeering happened here. I

again brought it to the attention of the

Registrar General and the DCP "Please

remove these scoundrels. This is an

intimidating environment.,r Thereafter, when

he was produced, he was immediately taken

there. Our phones were also taken from us

which is unprecedented. And, thus, phones

were put away. We were told to wait here.

We are waiting here. Our I-Cards were

Ms.

Grover:

TRANSCRIPT OF THE VIDEO RECORDING

Vrinda When we came here, the Registrar General

was here, the DCP is here, Mr. Jatin Narwal,

various other senior police officers are here.

We were asked to show Court the Supreme

Court Order. We showed that. The names of

those lawyers, in fact Mr.· Bumkin's two

JunlOrs, were actually on record 111 the

Vakalatnarria. They said they will not be

permitted. Only the lawyers whose names

are there. We said Yes'. Only those people

would appear. When we were entering, there

was lot of sloganeering. I told you that they

were too very anxious and there was fear in

us. I repeatedly told the police and I told the

Registrar General in as In8ny words "Please

ensure the safety. There is a hostile

atlnosphere in the Patiala House premises

and safety is paramount and we have to be

escorted till our vehicles." This sloganeering

has continued. Thereafter, went to the

terrace here from where this court is directly

visible and the sloganeering happened here. I

again brought it to the attention of the

Registrar General and the DCP "Please

remove these scoundrels. This is an

intimidating environment.,r Thereafter, when

he was produced, he was immediately taken

there. Our phones were also taken from us

which is unprecedented. And, thus, phones

were put away. We were told to wait here.

We are waiting here. Our I-Cards were

?)1-checked. We complied with every

requirement by the. Registrar General. The

Faculty Member Mr. Himanshu

(Slight interruption. Ms. Vrinda Grover says

he has gone to the rescue ......... )

(In terruption)

Ms. Vrinda Kanhaiya aap please yahan aOJo. Edhar

Grover: baitho aap. (Kanhaiya please come here, you'

please sit here) He has been assaulted while

being brought to the court.

Mr. Kapil Sibal: He was assaulted?

Ms. Vrinda Yes.

Grover: (Interruption)

Just now in this court room.

Mr. Kapil Sibal: Just now?

. Ms. Vrinda That is what I am saylng. No lawyer was

Grover: allowed to come in.

(Everyone walks towards Kanhaiya Kumar)

Uski chappal uttar gayi hai. (his sandals got

removed)

Unidentified voice: Peini zara lao (get some water) and get a soft

drink (for Kanhaiya Kumar)

Ms.

Grover:

Vrinda He can1e in dark glasses - suited booted

man. If I can just finish what I am saying.

Thereafter, I suddenly. sensed that there is

something happening there because I can

see something. One man comes out and the

DCP, who is the senior-most officer here.

.1

?)1-checked. We complied with every

requirement by the. Registrar General. The

Faculty Member Mr. Himanshu

(Slight interruption. Ms. Vrinda Grover says

he has gone to the rescue ......... )

(In terruption)

Ms. Vrinda Kanhaiya aap please yahan aOJo. Edhar

Grover: baitho aap. (Kanhaiya please come here, you'

please sit here) He has been assaulted while

being brought to the court.

Mr. Kapil Sibal: He was assaulted?

Ms. Vrinda Yes.

Grover: (Interruption)

Just now in this court room.

Mr. Kapil Sibal: Just now?

. Ms. Vrinda That is what I am saylng. No lawyer was

Grover: allowed to come in.

(Everyone walks towards Kanhaiya Kumar)

Uski chappal uttar gayi hai. (his sandals got

removed)

Unidentified voice: Peini zara lao (get some water) and get a soft

drink (for Kanhaiya Kumar)

Ms.

Grover:

Vrinda He can1e in dark glasses - suited booted

man. If I can just finish what I am saying.

Thereafter, I suddenly. sensed that there is

something happening there because I can

see something. One man comes out and the

DCP, who is the senior-most officer here.

.1

1-1) This man is weaIlng dark glasses. I-Ie is

wearing a coat. It is not a lfiwyer's coat. It is

just a black coat. He asks him court mein

"aapka I!-aarn kya hat (what is your name).

This man takes off his dark glasses and says

"rnein apna naarn kyun bataon?" (why should

I disclose my name) And he huffs him away . ' "

and he walks pass. Nobody stops him.

How did that man· came in through the

security and how did he exit?

[Thereafter, .......... Ms. Vrinda Grover points to a person ........

and says this is Mr. Himanshu, a JNU Faculty Member.]

Mr. Himanshu, I raised objection. The court Registrar Faculty Member: . .

General was standIng next to me. I told hIm

Ms.

Grover:

Kanhaiya was pointing out that this guy has

beaten me along with 25 other people, arrest

him. I was shouting and all three officials

allowed him to go. I was shouting, I was

telling the police officers that this guy is the

one who has beaten the Kanhaiya is saying.

Please stop him. Please arrest him. And

they allowed him to go. . All of them allowed

him to go.

Vrinda But Kanhaiya pehley (first) got beaten up

ou ts'ide. He lost his chappal. The police I

officer accompanying has no nameplate

because he was pulled. Thereafter, two man

were allowed to come in. They beat him in

their presence and' I am absolutely

scandalized, Sir.

(Interruption)

30 of them.

.;1

1-1) This man is weaIlng dark glasses. I-Ie is

wearing a coat. It is not a lfiwyer's coat. It is

just a black coat. He asks him court mein

"aapka I!-aarn kya hat (what is your name).

This man takes off his dark glasses and says

"rnein apna naarn kyun bataon?" (why should

I disclose my name) And he huffs him away . ' "

and he walks pass. Nobody stops him.

How did that man· came in through the

security and how did he exit?

[Thereafter, .......... Ms. Vrinda Grover points to a person ........

and says this is Mr. Himanshu, a JNU Faculty Member.]

Mr. Himanshu, I raised objection. The court Registrar Faculty Member: . .

General was standIng next to me. I told hIm

Ms.

Grover:

Kanhaiya was pointing out that this guy has

beaten me along with 25 other people, arrest

him. I was shouting and all three officials

allowed him to go. I was shouting, I was

telling the police officers that this guy is the

one who has beaten the Kanhaiya is saying.

Please stop him. Please arrest him. And

they allowed him to go. . All of them allowed

him to go.

Vrinda But Kanhaiya pehley (first) got beaten up

ou ts'ide. He lost his chappal. The police I

officer accompanying has no nameplate

because he was pulled. Thereafter, two man

were allowed to come in. They beat him in

their presence and' I am absolutely

scandalized, Sir.

(Interruption)

30 of them.

.;1

Ms.

Grover:

Vrinda And those two people come in, assaulted

him. The senior most officer allows them to :");

go and then they come and tell us "we do not

know who they are." It has happened in

front of our eyes and I had told them this is

going to happen.

Mr. Himanshu, And the police had 5-10 minutes. They Faculty Member

Mr. Harin Raval:

basically were.

Should we not ask the gentleman who is in

charge of the Security?

Ms.

Grover:

Vrinda DCP Jatin Narwal and the Registrar General

of the High Court. Please ask the Registrar

General, High Court.

Mr. Harin Raval: Who is the senior most officer In-charge,

Security, because he will have to report to

the Supreme Court.

Mr. Himanshu, The Court Registrar. He played a very very

Faculty Member: ...... I told him this guy has beaten, please

stop him.

[DCP, New Delhi, enters the

Security, Supreme Court.]

I •

scene accompanIed by DCP,

Mr. Kapil Sibal: Jab inhonay aapleo bataya lei woh banda

yahan aaya) maar rahe hain to aapne unko

arrest kyo nahi kiya? (when he told you that

that person had come here and was beating,

why didn't you arrest him?)

Mr. Jatin Narwal, (In a stammering voice) I immediately

DCP, New Delhi: rushed. I did not know by that time that

they were attackers.

Mr. Dushyant How did you allow the attack?·

.1

Ms.

Grover:

Vrinda And those two people come in, assaulted

him. The senior most officer allows them to :");

go and then they come and tell us "we do not

know who they are." It has happened in

front of our eyes and I had told them this is

going to happen.

Mr. Himanshu, And the police had 5-10 minutes. They Faculty Member

Mr. Harin Raval:

basically were.

Should we not ask the gentleman who is in

charge of the Security?

Ms.

Grover:

Vrinda DCP Jatin Narwal and the Registrar General

of the High Court. Please ask the Registrar

General, High Court.

Mr. Harin Raval: Who is the senior most officer In-charge,

Security, because he will have to report to

the Supreme Court.

Mr. Himanshu, The Court Registrar. He played a very very

Faculty Member: ...... I told him this guy has beaten, please

stop him.

[DCP, New Delhi, enters the

Security, Supreme Court.]

I •

scene accompanIed by DCP,

Mr. Kapil Sibal: Jab inhonay aapleo bataya lei woh banda

yahan aaya) maar rahe hain to aapne unko

arrest kyo nahi kiya? (when he told you that

that person had come here and was beating,

why didn't you arrest him?)

Mr. Jatin Narwal, (In a stammering voice) I immediately

DCP, New Delhi: rushed. I did not know by that time that

they were attackers.

Mr. Dushyant How did you allow the attack?·

.1

.LIaVC,

(Interruptions) ,

Mr. Dushyant How did you allow the attack?

Dave:

Mr. Dushyant (Asking everyone to be quite) Ek minute!

Dave:

Mr. Dushyant How do you allow the attack to take place in

Dave: court premises?

M.r. Jatin Narwal, The attack has not taken place. What

DCP, New Delhi: happened sounds ......... ..

Mr. Dushyant Your men are posted everywhere?

Dave:

Mr. Jatin Narwal, Our men are posted.

DCP, New Delhi:

Mr. Dushyant So what were they doing, sleeping?

Dave:

Mr. Jatin Narwai, Hamara arrangement tha aur in fact isko

DCP, New Delhi: bahut zayada ....... : ...... .. (we had

arrangement and in fact a lot more ... )

Mr. Dushyant A1Tangement kya tha. Ke marne dein? (what '

Dave: kind of arrangement. That let him be beaten)

What is your arrangement, Sir?

Mr. Kapil Sibal: Band nahi thai coat nahi thaI (there was no

band, no coat)

Mr. Himanshu, Striped dress not black!

Faculty Member:

Mr. Kapil Sibal: Is!co ane !cyan diya? (why did you let him

enter?)

Mr. Jatin N81'wal, \Vith escort party he came.

,/

.LIaVC,

(Interruptions) ,

Mr. Dushyant How did you allow the attack?

Dave:

Mr. Dushyant (Asking everyone to be quite) Ek minute!

Dave:

Mr. Dushyant How do you allow the attack to take place in

Dave: court premises?

M.r. Jatin Narwal, The attack has not taken place. What

DCP, New Delhi: happened sounds ......... ..

Mr. Dushyant Your men are posted everywhere?

Dave:

Mr. Jatin Narwal, Our men are posted.

DCP, New Delhi:

Mr. Dushyant So what were they doing, sleeping?

Dave:

Mr. Jatin Narwai, Hamara arrangement tha aur in fact isko

DCP, New Delhi: bahut zayada ....... : ...... .. (we had

arrangement and in fact a lot more ... )

Mr. Dushyant A1Tangement kya tha. Ke marne dein? (what '

Dave: kind of arrangement. That let him be beaten)

What is your arrangement, Sir?

Mr. Kapil Sibal: Band nahi thai coat nahi thaI (there was no

band, no coat)

Mr. Himanshu, Striped dress not black!

Faculty Member:

Mr. Kapil Sibal: Is!co ane !cyan diya? (why did you let him

enter?)

Mr. Jatin N81'wal, \Vith escort party he came.

,/

DCP, NewDelhi:

h ... (. Kapil Sibal: Which escort party? How do you allow I

someone to come?

Unidentified Voice: Order only says 5 of the lawyers and 6 of

those people ..

Mr. Kapil Siba1: How did they come?

Mr. Jatin Narwal, They entered that room. (Pointing outside the

DCP, New Delhi door)

Unidentified Voice: How could he come, how did he enter?

Mr. Jatip Narwal, He was coming from the Gate No.5.

DCP, New Delhi:

Mr. Kapil Sibal:

Mr. Hill"in Raval:

How did you know that he was coming from

Gate No.5?

How did you that he was coming with an

escort party and who authorised that escort?

Mr. Jatin Narwal, Which escort? Nabi, Sir. ..... ~ .....

DCP, New Delhi:

Mr. Harin Raval: You yourself said . that he came with an

escort.

Mr. Jatin Narwal, Sir.

DCP, New Delhi:

Mr. Dushyant Was he on your list?

Dave:

Mr. Jatin Narwal) No. No, Sir.

DCP, New Delhi:

Mr. Kapil Sibal: How did he come then?

~I DCP, NewDelhi:

h ... (. Kapil Sibal: Which escort party? How do you allow I

someone to come?

Unidentified Voice: Order only says 5 of the lawyers and 6 of

those people ..

Mr. Kapil Siba1: How did they come?

Mr. Jatin Narwal, They entered that room. (Pointing outside the

DCP, New Delhi door)

Unidentified Voice: How could he come, how did he enter?

Mr. Jatip Narwal, He was coming from the Gate No.5.

DCP, New Delhi:

Mr. Kapil Sibal:

Mr. Hill"in Raval:

How did you know that he was coming from

Gate No.5?

How did you that he was coming with an

escort party and who authorised that escort?

Mr. Jatin Narwal, Which escort? Nabi, Sir. ..... ~ .....

DCP, New Delhi:

Mr. Harin Raval: You yourself said . that he came with an

escort.

Mr. Jatin Narwal, Sir.

DCP, New Delhi:

Mr. Dushyant Was he on your list?

Dave:

Mr. Jatin Narwal) No. No, Sir.

DCP, New Delhi:

Mr. Kapil Sibal: How did he come then?

~I

Dushyant How did he get in?

Dave:

Mr. Jatin Narwal, There were different officers from ............. ..

DCP, New Delhi:

Mr. Dushyant What is his name? Have you now arrested

Dave: him or did you allow him to run away?

Mr. Jatin Narwal, No, no, we will identify and then arrest him,

DCP, New Delhi: Sir.

IVlr. Dushyant What do you mean "Identify"? How can he

Dave: go away from court premises?

Mr. Jatin Narv.ral, Nahi, Sir, nahi, sir. We did not know that he

DCP, New Delhi: IS .......

Mr. Dushyant What do you mean, you don't know? What

Dave:

Mr. Kapil Sibal:

are your men doing? Your men have

instructions not to intervene?

When he pointed out, why did you not arrest

him?

Mr. Dushyant It is a shame. Did you not know of Supreme

Dave: Court order? Just a minute. Did you not

know of Supreme Court order?

Ml;. Himanshu, He had a copy of the order.

Faculty Member:

Mr. Jatin Narwal, That is why we had made the arrangements.

DCP, New Delhi:

Mr. Dushyant No, Sir, you are deliberately doing it. We will

I

Dave: ask for suspension of all these officers.

Mr. Jatin Narwal, No, Sir, nothing deliberately. We had made

DCP, New Delhi: our arrangements but since the escort party

Dushyant How did he get in?

Dave:

Mr. Jatin Narwal, There were different officers from ............. ..

DCP, New Delhi:

Mr. Dushyant What is his name? Have you now arrested

Dave: him or did you allow him to run away?

Mr. Jatin Narwal, No, no, we will identify and then arrest him,

DCP, New Delhi: Sir.

IVlr. Dushyant What do you mean "Identify"? How can he

Dave: go away from court premises?

Mr. Jatin Narv.ral, Nahi, Sir, nahi, sir. We did not know that he

DCP, New Delhi: IS .......

Mr. Dushyant What do you mean, you don't know? What

Dave:

Mr. Kapil Sibal:

are your men doing? Your men have

instructions not to intervene?

When he pointed out, why did you not arrest

him?

Mr. Dushyant It is a shame. Did you not know of Supreme

Dave: Court order? Just a minute. Did you not

know of Supreme Court order?

Ml;. Himanshu, He had a copy of the order.

Faculty Member:

Mr. Jatin Narwal, That is why we had made the arrangements.

DCP, New Delhi:

Mr. Dushyant No, Sir, you are deliberately doing it. We will

I

Dave: ask for suspension of all these officers.

Mr. Jatin Narwal, No, Sir, nothing deliberately. We had made

DCP, New Delhi: our arrangements but since the escort party

was from other District ..... .

Mr. Dushyant Who is the No.2? Who are the officers?

Dave: Give us he names. Give the narnes of all the

officers.

Mr. Kapil Sibal: When he told you.

Mr. Jatin Narwal, I was not there.

DCP, New Delhi

Mr. Kapil Sibal: Then who was there?

Mr. Dushyant Mr. Meena was here or not? Tell me.

Dave

Mr. Jatin Narwal, The officers from South District.

DCP, New Delhi :

Mr. Dushyant They are all not in ....

Dave:

Mr. Kapil Sibal : Bulao unko, sab ko bulao. (call them, call

everyone)

Mr. Jatin Narwal, Sir, please meri baat suniyeh (listen to me).

DCP, New Delhi: The mOll1ent I got to know that these two

persons ....... The two persons were sitting

inside were the attackers, I ran to arrest

them.

Mr. Jatin Narwal, Sir please meri baat suniye (listen to me).

DCP, New Delhi:

Mr. Kapil Sabil: Bulao unko. Jo yahan jisJd yahan duty thi

unlw yahan bulao. (call them. Whosoever

was on duty here call them)

Mr. Dushyant How did you allow them to go out. Aap

Dave: bahar kaise jane diy~ is assault ke baad,

Ander ana to samajh sakte hai bahar kaise

was from other District ..... .

Mr. Dushyant Who is the No.2? Who are the officers?

Dave: Give us he names. Give the narnes of all the

officers.

Mr. Kapil Sibal: When he told you.

Mr. Jatin Narwal, I was not there.

DCP, New Delhi

Mr. Kapil Sibal: Then who was there?

Mr. Dushyant Mr. Meena was here or not? Tell me.

Dave

Mr. Jatin Narwal, The officers from South District.

DCP, New Delhi :

Mr. Dushyant They are all not in ....

Dave:

Mr. Kapil Sibal : Bulao unko, sab ko bulao. (call them, call

everyone)

Mr. Jatin Narwal, Sir, please meri baat suniyeh (listen to me).

DCP, New Delhi: The mOll1ent I got to know that these two

persons ....... The two persons were sitting

inside were the attackers, I ran to arrest

them.

Mr. Jatin Narwal, Sir please meri baat suniye (listen to me).

DCP, New Delhi:

Mr. Kapil Sabil: Bulao unko. Jo yahan jisJd yahan duty thi

unlw yahan bulao. (call them. Whosoever

was on duty here call them)

Mr. Dushyant How did you allow them to go out. Aap

Dave: bahar kaise jane diy~ is assault ke baad,

Ander ana to samajh sakte hai bahar kaise

Mr. Kapil Sibal:

gaye. (how could you let him go out after the

assault. We can understand him getting in, 'l.,;

but how did he manage to go out)

Jiski duty thi uslw bulao. (whosoever was on

duty, call them)

Mr, Dushyant Sabke naam dijiyeh (give every bodies name).

Dave: Who is the SHO here? SHO kaun hai is area

ka?

[SH.O steps in.]

Mr. Dushyant Kya naam hai aap ka? (what is your name?)

Dave:

SHO: Sushil Kumar.

Mr. Kapil Sibal : Aap yahan the? (were you here?)

~ Mr. Dushyant Aaplco Supreme Court ka order pata tha?

Dave: (were you aware of the supreme court order?)

SHO : Haan Ji. (yes sir)

Mr. Kapil Sibal :

SHO

Aapne uss' aadmi ko aane kaise diya andar?

(how did you allow that man to enter?)

Nahi mujhe nahi pata kis aadmi ke baare

main baat kar rahe h.ain. (I don't know which

person is being spoken about)

Mr. Rajiv Dhawan Aap kabse hain yahan par? (since when were

you here?)

SHO Dus baje se. (since 10:00 am)

Mr. Rajiv Dhawan Dus baje se andar hain idhar? (you were

inside since 10: 00 mTI ?)

Mr. Kapil Sibal:

gaye. (how could you let him go out after the

assault. We can understand him getting in, 'l.,;

but how did he manage to go out)

Jiski duty thi uslw bulao. (whosoever was on

duty, call them)

Mr, Dushyant Sabke naam dijiyeh (give every bodies name).

Dave: Who is the SHO here? SHO kaun hai is area

ka?

[SH.O steps in.]

Mr. Dushyant Kya naam hai aap ka? (what is your name?)

Dave:

SHO: Sushil Kumar.

Mr. Kapil Sibal : Aap yahan the? (were you here?)

~ Mr. Dushyant Aaplco Supreme Court ka order pata tha?

Dave: (were you aware of the supreme court order?)

SHO : Haan Ji. (yes sir)

Mr. Kapil Sibal :

SHO

Aapne uss' aadmi ko aane kaise diya andar?

(how did you allow that man to enter?)

Nahi mujhe nahi pata kis aadmi ke baare

main baat kar rahe h.ain. (I don't know which

person is being spoken about)

Mr. Rajiv Dhawan Aap kabse hain yahan par? (since when were

you here?)

SHO Dus baje se. (since 10:00 am)

Mr. Rajiv Dhawan Dus baje se andar hain idhar? (you were

inside since 10: 00 mTI ?)

Mr. Dushyant \i\Tho was the Additional C,,?mmissioner who

Dave: was present here?

Mr. Rajiv Dhawan Andar the. He was present here from 10 0'

clock. Andar the aap idhar present the koi

andar gaya wo aap ld list mein nahi tha. (you

were present inside and still someone whose

name was not in the list could enter?)

Mr.

Daye:

Dushyant \i\T as Mr.' Meena in the court premises?

[Another police officer steps in]

Mr. Kapil Sibal :

Police Officer:

Mr. Kapil Sibal :

Police Officer :

Aap the yahan. (were you here?)

Haan ji. (yes sir)

Phir woh andar kaise aaya? (how could he

come in then?)

H amein nahi pata sir hum to accused ke

saath the;' Woh bol rahe hain hum lawyer

hain inke saath. (I don't know sir, I was with

the accused. He was telling that he is a

lawyer with them)

Mr. Rajiv Dhawal1 Aap accused ke saath the? Uski pitai kaise

hui agar aap accused ke saath the? (you

were with the accused? How could he get

beaten up if you were with him?)

Police Officer : Woh bole mein lawyer hoon inka. (he said

that he is his lawyer)

Mr. Dushyant Nahi) toh pitai kar sakta hai. (no, but then he I

Dave: can beat up)

.1

Mr. Dushyant \i\Tho was the Additional C,,?mmissioner who

Dave: was present here?

Mr. Rajiv Dhawan Andar the. He was present here from 10 0'

clock. Andar the aap idhar present the koi

andar gaya wo aap ld list mein nahi tha. (you

were present inside and still someone whose

name was not in the list could enter?)

Mr.

Daye:

Dushyant \i\T as Mr.' Meena in the court premises?

[Another police officer steps in]

Mr. Kapil Sibal :

Police Officer:

Mr. Kapil Sibal :

Police Officer :

Aap the yahan. (were you here?)

Haan ji. (yes sir)

Phir woh andar kaise aaya? (how could he

come in then?)

H amein nahi pata sir hum to accused ke

saath the;' Woh bol rahe hain hum lawyer

hain inke saath. (I don't know sir, I was with

the accused. He was telling that he is a

lawyer with them)

Mr. Rajiv Dhawal1 Aap accused ke saath the? Uski pitai kaise

hui agar aap accused ke saath the? (you

were with the accused? How could he get

beaten up if you were with him?)

Police Officer : Woh bole mein lawyer hoon inka. (he said

that he is his lawyer)

Mr. Dushyant Nahi) toh pitai kar sakta hai. (no, but then he I

Dave: can beat up)

.1

[)

Mr. Kapil Sibal :

Police Officer:

Mr. Kapil Sibal :

Police officer :

Mr. Kapil Sibal :

Phir usne lTwara. (then he beat him)

Nahi nahi kisi ne nahi ma~ra. (no no, no one

ass~ulted)

Usne maara inlco ld nahi? (did he beat him or

not?)

Yeh mujhe nahi pata. (this, I don't know)

Aachha aapko pata na,hi, (oh! So you don't

know)

Unidentified voice: Toh aap kahan the? (so where were you?)

Police Officer: Mein andar he tha. Andar Sir, (I was inside,

inside sir)

Mr. Rajiv Dhawan Aapne dekha nahi? (you didn't see?)

Mr. Harin Rawal: Accused ke saath kaun tha? (who was with

the accused?)

Mr. Dushyant Aapka kya naam hai? (what is your name?)

Dave:

Police Officer: Virender Jain

Mr. Dushyant Aapki position kya hai? (what IS your

Dave: position/ designation?)

Police Officer :

Mr. Kapil Sibal :

Mein SHO hoon) Sir) Vasant Kunj) South. (I

am SHO sir, Vasant Kunj, South)

Jislco (Jinlw) an dar aane diya who kaUri'

officers hain. Unko bulao na. Jisne andar

aane diya who kaun officers hain unko

aandar bulao. Unka naam bataeyeh (who are

,I

[)

Mr. Kapil Sibal :

Police Officer:

Mr. Kapil Sibal :

Police officer :

Mr. Kapil Sibal :

Phir usne lTwara. (then he beat him)

Nahi nahi kisi ne nahi ma~ra. (no no, no one

ass~ulted)

Usne maara inlco ld nahi? (did he beat him or

not?)

Yeh mujhe nahi pata. (this, I don't know)

Aachha aapko pata na,hi, (oh! So you don't

know)

Unidentified voice: Toh aap kahan the? (so where were you?)

Police Officer: Mein andar he tha. Andar Sir, (I was inside,

inside sir)

Mr. Rajiv Dhawan Aapne dekha nahi? (you didn't see?)

Mr. Harin Rawal: Accused ke saath kaun tha? (who was with

the accused?)

Mr. Dushyant Aapka kya naam hai? (what is your name?)

Dave:

Police Officer: Virender Jain

Mr. Dushyant Aapki position kya hai? (what IS your

Dave: position/ designation?)

Police Officer :

Mr. Kapil Sibal :

Mein SHO hoon) Sir) Vasant Kunj) South. (I

am SHO sir, Vasant Kunj, South)

Jislco (Jinlw) an dar aane diya who kaUri'

officers hain. Unko bulao na. Jisne andar

aane diya who kaun officers hain unko

aandar bulao. Unka naam bataeyeh (who are

,I

the officers who let him inside. Call them.

who are the officers who let him inside. Call

them. Please give us their names)

Mr. Rajiv Dhawan Sablca naam bataeyeh. (disclose every ones

name)

Mr. Kapil Sibal : Aur accused ko kaun leh ke aaya? (and who

brought the acc1;lsed?)

Mr. Rajiv Dhawan Dekhiye humko Supreme Court leo r.eport

karna hai toh aap bulaeyeh please. (see we

have to report it to the Supreme Court so

please call them) .'

Mr. Dushyant We are fastening responsibility on all police

Dave: officers who were here.

Mr. Kapil Sibal :

Mr. Kapil Sibal :

We must get the names of thosedellows.

Kaun the woh officer jo yahan the? (who were

the officers who were here?)

Mr. Dushyant Where did the assault take place?

Dave:

Mr. Rajiv Dhawan Inside!

Mr. Jatin Narwal, Assault didn't take place here, SIr. Inside

DCP, New Delhi: nahi hua, Sir.

Mr. Kapil Sibal : Kahan hua phir? (where did it happen then?)

i1 Mr. Jatin Narwal, Raaste mein kahin hua hai! Sir. (it happened

DCP, New Delhi: somewhere on the road, sir)

Mr. Kapil Sibal : Arey raaste mein nahi hua yaar. (it didn't

happen on the road)

the officers who let him inside. Call them.

who are the officers who let him inside. Call

them. Please give us their names)

Mr. Rajiv Dhawan Sablca naam bataeyeh. (disclose every ones

name)

Mr. Kapil Sibal : Aur accused ko kaun leh ke aaya? (and who

brought the acc1;lsed?)

Mr. Rajiv Dhawan Dekhiye humko Supreme Court leo r.eport

karna hai toh aap bulaeyeh please. (see we

have to report it to the Supreme Court so

please call them) .'

Mr. Dushyant We are fastening responsibility on all police

Dave: officers who were here.

Mr. Kapil Sibal :

Mr. Kapil Sibal :

We must get the names of thosedellows.

Kaun the woh officer jo yahan the? (who were

the officers who were here?)

Mr. Dushyant Where did the assault take place?

Dave:

Mr. Rajiv Dhawan Inside!

Mr. Jatin Narwal, Assault didn't take place here, SIr. Inside

DCP, New Delhi: nahi hua, Sir.

Mr. Kapil Sibal : Kahan hua phir? (where did it happen then?)

i1 Mr. Jatin Narwal, Raaste mein kahin hua hai! Sir. (it happened

DCP, New Delhi: somewhere on the road, sir)

Mr. Kapil Sibal : Arey raaste mein nahi hua yaar. (it didn't

happen on the road)

I~

Mr. Rajiv Dhawan Raaste peh bhi hua. (it also happened on the

road)

Mr. Himanshu, You call the three people, the Registrar

Faculty Member General and others and I Was pointing to

them, Kanhaiya was pointing out to that guy

that guy sitting in the corner. ......

Unidentified voice: Kahan pe hua? (where did it happen?)

Mr. Himanshu, Yahan pe. Aandar mein. (here, inside)

Faculty Member

Mr. Harin Raval : Aaplce hisab se andar hua assault? (as per

you. the assault happened inside?)

Mr. Himanshu, Uss !camre mein. (in that room)

Faculty Member:

Mr. Rajiv DhawaD Lets call Kanhaiya.

I

Unidentified voice: Kanhaiya aapna statement dijiyeh.

(Kanhaiya give your statement)

[Since Kanhaiya was hurt he was not able to stand up and speak.

Therefore, he was asked to be seated on the chair and give his

statement.]

Mr. Kapil Sibal & Aap chinta mat !caro 5ab kuch batao. (don't

Mr. Dushyant wony, narrate everything)

Dave to Kanhaiya

Kumar :

Kanhaiya Kumar: Sir Police mujhe ley karke aaee. Toh sabse

pehle gate peh idhar 5e aa rahi thi. I donJt

I~

Mr. Rajiv Dhawan Raaste peh bhi hua. (it also happened on the

road)

Mr. Himanshu, You call the three people, the Registrar

Faculty Member General and others and I Was pointing to

them, Kanhaiya was pointing out to that guy

that guy sitting in the corner. ......

Unidentified voice: Kahan pe hua? (where did it happen?)

Mr. Himanshu, Yahan pe. Aandar mein. (here, inside)

Faculty Member

Mr. Harin Raval : Aaplce hisab se andar hua assault? (as per

you. the assault happened inside?)

Mr. Himanshu, Uss !camre mein. (in that room)

Faculty Member:

Mr. Rajiv DhawaD Lets call Kanhaiya.

I

Unidentified voice: Kanhaiya aapna statement dijiyeh.

(Kanhaiya give your statement)

[Since Kanhaiya was hurt he was not able to stand up and speak.

Therefore, he was asked to be seated on the chair and give his

statement.]

Mr. Kapil Sibal & Aap chinta mat !caro 5ab kuch batao. (don't

Mr. Dushyant wony, narrate everything)

Dave to Kanhaiya

Kumar :

Kanhaiya Kumar: Sir Police mujhe ley karke aaee. Toh sabse

pehle gate peh idhar 5e aa rahi thi. I donJt

,.

Mr. Kapil Sibal :

know the gate. number. Gate ke paas media

walon ne gher liya. Police .ne unse mujhe

bachateh huye jiyun hi gate ke andar leh

karke aaee. Uske baad ek mob ne vakil ke

kapde pehan rakhey the. Unho ne mere par

attack ldya. Is doran gira diya.

(sir the police got me here. First of all I was

brought from the gate this way. I don't know

the gate number. The media people

surrounded me near the gate. No sooner did

the police escort me out of the media, and

inside the gate, a mob, dressed in advocates

attire attacked me. As a result I fell down)

Gate se ldtne andar the? (how far inside the

gate were you?)

Kanhaiya Kumar: Bus ghuse hi the. Aise lag raha tha ki jaise

woh is taiyaari mein baithe the attack karne

ki kyonki jo log peet rahe the na unmein se

kuch log aur logon 1m bula rahe the. ((aagaya

aagaya)) is tarikey se. Aur pure raste mein

kabhi gadian gir gayee kabhi mein gaddi par

gir gaya. Jahanse hum jab court entry karte

hai woh machine hota hai uske doran jab

mujhe dhakka deh kar andar kiya jar aha tha

mera pant khul gaya. Uske baad meri T-sf1irt)

chapel khul gaye. Mere paer mein injury hUl)

mere paet mein laatse ghuse se. Ek aadmi se

choot raha than doosra aadmi peet raha hai.

(Had just entered. It seemed as if they were

waiting with full preparation to attack since

from amongst the people who were beating

me, some were calling out others by shouting

((he has come" ((he has come)). On' the way

.1

,.

Mr. Kapil Sibal :

know the gate. number. Gate ke paas media

walon ne gher liya. Police .ne unse mujhe

bachateh huye jiyun hi gate ke andar leh

karke aaee. Uske baad ek mob ne vakil ke

kapde pehan rakhey the. Unho ne mere par

attack ldya. Is doran gira diya.

(sir the police got me here. First of all I was

brought from the gate this way. I don't know

the gate number. The media people

surrounded me near the gate. No sooner did

the police escort me out of the media, and

inside the gate, a mob, dressed in advocates

attire attacked me. As a result I fell down)

Gate se ldtne andar the? (how far inside the

gate were you?)

Kanhaiya Kumar: Bus ghuse hi the. Aise lag raha tha ki jaise

woh is taiyaari mein baithe the attack karne

ki kyonki jo log peet rahe the na unmein se

kuch log aur logon 1m bula rahe the. ((aagaya

aagaya)) is tarikey se. Aur pure raste mein

kabhi gadian gir gayee kabhi mein gaddi par

gir gaya. Jahanse hum jab court entry karte

hai woh machine hota hai uske doran jab

mujhe dhakka deh kar andar kiya jar aha tha

mera pant khul gaya. Uske baad meri T-sf1irt)

chapel khul gaye. Mere paer mein injury hUl)

mere paet mein laatse ghuse se. Ek aadmi se

choot raha than doosra aadmi peet raha hai.

(Had just entered. It seemed as if they were

waiting with full preparation to attack since

from amongst the people who were beating

me, some were calling out others by shouting

((he has come" ((he has come)). On' the way

.1

Il

sometimes motor bikes were falling,

sometimes I was falling on it. While entering

the court premises near the X-ray machine, I

was pushed inside it in such a l118l1ner that,

my pants came down. Thereafter, my t-shirt

and sandals also came out. My leg was

injured and I was kicked and punched in my

abdomen. As ·soon as I managed to rescue

myself from the clutches of one person,

another person would start beating me up.)

Mr. Dushyant Kitni Police aapke saath the us waqt? (how

Dave: many police were with you at that time?)

Mr. Kapil Sibal - Kaun policewala tha aapke saath? Aap

pehchante ho? (who were the police officers

with you? Can you recognise them?)

Kanhaiya Kumar - Mere saath)o policewale the unki bhi peetai

ld. (the policemen with me also got beaten

:QQ)

Mr. Kapil Sibal- Unld bhi peetai hui? (they were also beaten?)

Kanhaiya Kumar - Haan (yes) sir.

Mr. Kapil Sibal- Phir bachaya kisne? (who saved you then?)

Mr. Jatin Narwal, Sir blade mara hai policewala ko. Piche mein

DCP, New Delhi )0 hai South District 'se)o hai escort kar raha

tha ............. (a policeman has been attacked

with a blade. The one in the rear, from South

District who was escorting ... )

Mr. Kapil Sibal- Toh phir wahan police kya kar rahi thi agar

police wala bhi maar kha raha that oh. (Then

what were the police doing, if policemen were

being beaten up?)

.1

Il

sometimes motor bikes were falling,

sometimes I was falling on it. While entering

the court premises near the X-ray machine, I

was pushed inside it in such a l118l1ner that,

my pants came down. Thereafter, my t-shirt

and sandals also came out. My leg was

injured and I was kicked and punched in my

abdomen. As ·soon as I managed to rescue

myself from the clutches of one person,

another person would start beating me up.)

Mr. Dushyant Kitni Police aapke saath the us waqt? (how

Dave: many police were with you at that time?)

Mr. Kapil Sibal - Kaun policewala tha aapke saath? Aap

pehchante ho? (who were the police officers

with you? Can you recognise them?)

Kanhaiya Kumar - Mere saath)o policewale the unki bhi peetai

ld. (the policemen with me also got beaten

:QQ)

Mr. Kapil Sibal- Unld bhi peetai hui? (they were also beaten?)

Kanhaiya Kumar - Haan (yes) sir.

Mr. Kapil Sibal- Phir bachaya kisne? (who saved you then?)

Mr. Jatin Narwal, Sir blade mara hai policewala ko. Piche mein

DCP, New Delhi )0 hai South District 'se)o hai escort kar raha

tha ............. (a policeman has been attacked

with a blade. The one in the rear, from South

District who was escorting ... )

Mr. Kapil Sibal- Toh phir wahan police kya kar rahi thi agar

police wala bhi maar kha raha that oh. (Then

what were the police doing, if policemen were

being beaten up?)

.1

~ Mr.

.' .,tve-

Dushyant Lathi charge kyon nahi kiya. Aapki zimedari

nahi hai protect karna. (why didn't you resort

to lathicharge? vyasn't it your duty to

J2Iotect?)

Mr. Harin Raval - Police ko bhi blade lagaya aise aap bole. (you

Mr. said that the police was also attacked by

blade)

Kanhaiya Kumar - Wohjo police hai na jo mujhe escort kar rahey

the unlei bhi peetai hui. (the police who was

escorting me got beaten up)

Rajiv Dhawan - Aur joh record kar rahe the? Koi record lear

raJw. tha yeh? (what about the ones

recording? Was there anyone recording this?)

Kanhaiya Kumar - Nahi (No) sir.

Mr. Kapil Sibal - toh baki wahan aur policewale bhi the wahan .

us samay? (were there other policemen also

present at that time?)

Kanhaiya Kumar - Policemen the. Sir ele mob tha (there was a

mob sir)

Tv{Jr. Kapil Sibal- Mob tha saath mein policemen bhi· toh the?

(there was a mob, but there were policemen

also?)

Mr. Harin Raval - Aas paas policemen toh the woh kya kar rahe

the? (there were policemen around, what

were they doing?)

Kanhaiya Kumar - Wah toh me in kuchh nahi dekh paa raha tha

sir. Mujhe toh gira diya tha. (he gestures that

he had fallen face-down). Mujhe peet rahe

the laatse ghusay se. Pait mein, chest mein. (I

couldn't see anything sir. I was flying' in the

./ ~ Mr.

.' .,tve-

Dushyant Lathi charge kyon nahi kiya. Aapki zimedari

nahi hai protect karna. (why didn't you resort

to lathicharge? vyasn't it your duty to

J2Iotect?)

Mr. Harin Raval - Police ko bhi blade lagaya aise aap bole. (you

Mr. said that the police was also attacked by

blade)

Kanhaiya Kumar - Wohjo police hai na jo mujhe escort kar rahey

the unlei bhi peetai hui. (the police who was

escorting me got beaten up)

Rajiv Dhawan - Aur joh record kar rahe the? Koi record lear

raJw. tha yeh? (what about the ones

recording? Was there anyone recording this?)

Kanhaiya Kumar - Nahi (No) sir.

Mr. Kapil Sibal - toh baki wahan aur policewale bhi the wahan .

us samay? (were there other policemen also

present at that time?)

Kanhaiya Kumar - Policemen the. Sir ele mob tha (there was a

mob sir)

Tv{Jr. Kapil Sibal- Mob tha saath mein policemen bhi· toh the?

(there was a mob, but there were policemen

also?)

Mr. Harin Raval - Aas paas policemen toh the woh kya kar rahe

the? (there were policemen around, what

were they doing?)

Kanhaiya Kumar - Wah toh me in kuchh nahi dekh paa raha tha

sir. Mujhe toh gira diya tha. (he gestures that

he had fallen face-down). Mujhe peet rahe

the laatse ghusay se. Pait mein, chest mein. (I

couldn't see anything sir. I was flying' in the

./

'~~ ground. I was being beaten up with kicks and punches on Iny stomach and chest)

Mr. Kapil Sibal - That means that the police was around there and they did nothing.

Mr. Kapil Sibal to Now I want you to find Qut who those officers are who were posted there and give us the Mr. Jatin Narwal, names. DCP, New Delhi

Mr.,Dushyant And, first and foremost. Dave - I

Mr. Rajiv Dhawan Aandar kya huya uske baad? (what happened inside after that?)

Kanhaiya Kumar - Uslce baad jo haina gate tak ghus gaye hai. Uske baad usmein se ek aadmi jo hai woh chase lcarte hue yeh saamne wale kamr?y mein ghus jata hai. (Kanhaiya pointed to a morn outside) aur pichhe jaa karlce baith jata hai. lvlain jo hai k.ehta hoon) jo hamare teacher hain) sir) yeh aadmi mujhe peet raha tha. Phir jo hai police jo hai us aadmi leo poochti lI.ai ((aop kaun hail). 1'oh reply mein woh kehta hail ((tum kaun ho apna I-card dilehcw)). Is tanke se poochta hai) phir) kuch thee) mujhe baad mein pata chala Supreme Court ke officers the)

(aSter that managed to get inside the gate. Thereafter one of them chased me and managed to get inside the adjoining room and went and sat behind. I told my teacher that this man was beating me. Thereafter,

'~~ ground. I was being beaten up with kicks and punches on Iny stomach and chest)

Mr. Kapil Sibal - That means that the police was around there and they did nothing.

Mr. Kapil Sibal to Now I want you to find Qut who those officers are who were posted there and give us the Mr. Jatin Narwal, names. DCP, New Delhi

Mr.,Dushyant And, first and foremost. Dave - I

Mr. Rajiv Dhawan Aandar kya huya uske baad? (what happened inside after that?)

Kanhaiya Kumar - Uslce baad jo haina gate tak ghus gaye hai. Uske baad usmein se ek aadmi jo hai woh chase lcarte hue yeh saamne wale kamr?y mein ghus jata hai. (Kanhaiya pointed to a morn outside) aur pichhe jaa karlce baith jata hai. lvlain jo hai k.ehta hoon) jo hamare teacher hain) sir) yeh aadmi mujhe peet raha tha. Phir jo hai police jo hai us aadmi leo poochti lI.ai ((aop kaun hail). 1'oh reply mein woh kehta hail ((tum kaun ho apna I-card dilehcw)). Is tanke se poochta hai) phir) kuch thee) mujhe baad mein pata chala Supreme Court ke officers the)

(aSter that managed to get inside the gate. Thereafter one of them chased me and managed to get inside the adjoining room and went and sat behind. I told my teacher that this man was beating me. Thereafter,

the police inquires about the identity of that

person. However, he replies questioning the

police officers as to who they are and asks

for their i-cards. This is how he asks, then

there were some whom I got to know later

were Supreme Court Officers ... J

Mr. Rajiv Dhawan High Court ke officer!

Kanhaiya Kumar unko kehne ke baad woh jata hat. Police ko

(nods.

agreemen t) -

Mr. Kapil Sibal -

111 to woh kuch nahi manta aur police ke saamne

se woh aadmi nikal gaya. (after apprising

them, he leaves. He didn't give a damn about

the police and walked out right in front of

them)

Police ne kuchh nahi kiya? (police didn't do

811y thing?)

Kanhaiya Kumar - Kuchh bhi nahi. Saamne se nikal gaya bilkul.

Usko wahein pe pakda jaa sakta tha. Meiney

kaha ki siryeh aadmi mujhe peet raha haL

Is aadmi lee upar mujhe complaint karna haL

(absolutely nothing. He managed his exit

right in front of them. He could. have been

nabbed right there. I told them that sir this

man was beating me. I want to file a

complaint against him)

Mr. Kapil Sibal - Aapko maloom hai ke Ids policeman ne aapko

kaha tha. (can you recollect which police

officer you told it to?)

Mr. Harin l\.aval - Aap pehchan salde ho? (can you recognIse

him?)

Kanhaiya Kumar - Haan pehchan' sakte hain. (yes SIr, I can

the police inquires about the identity of that

person. However, he replies questioning the

police officers as to who they are and asks

for their i-cards. This is how he asks, then

there were some whom I got to know later

were Supreme Court Officers ... J

Mr. Rajiv Dhawan High Court ke officer!

Kanhaiya Kumar unko kehne ke baad woh jata hat. Police ko

(nods.

agreemen t) -

Mr. Kapil Sibal -

111 to woh kuch nahi manta aur police ke saamne

se woh aadmi nikal gaya. (after apprising

them, he leaves. He didn't give a damn about

the police and walked out right in front of

them)

Police ne kuchh nahi kiya? (police didn't do

811y thing?)

Kanhaiya Kumar - Kuchh bhi nahi. Saamne se nikal gaya bilkul.

Usko wahein pe pakda jaa sakta tha. Meiney

kaha ki siryeh aadmi mujhe peet raha haL

Is aadmi lee upar mujhe complaint karna haL

(absolutely nothing. He managed his exit

right in front of them. He could. have been

nabbed right there. I told them that sir this

man was beating me. I want to file a

complaint against him)

Mr. Kapil Sibal - Aapko maloom hai ke Ids policeman ne aapko

kaha tha. (can you recollect which police

officer you told it to?)

Mr. Harin l\.aval - Aap pehchan salde ho? (can you recognIse

him?)

Kanhaiya Kumar - Haan pehchan' sakte hain. (yes SIr, I can

recognise)

Mr. Kapil Sibal - Kaun hai woh? (who was it?)

Kanhaiya Kumar - J-Iamare )oh vakil aayi hai na Vrinda unho

nay poocha hai lei aaplea nameplate kahan

hai aap isleo escort kar rahe hain. Mera

haath woh pakde huae the. Woh bole ki

dhakkamukki ke dauran mera nameplate gir

gaya. UnkO bhi mein ne kaha hai is aadmi leo

pakdein.

(my advocate Vrinda asked him where his

name plate was since he was accompanying

me. He was holding my hand. He said that

his nameplate must have fallen off in the

scuffle. I had also told him to arrest this

man.)

Mr. Harin Rawal - That SHO did not have a nameplate.

Someone says - No he is the other guy.

Kanhaiya Kumar - meine unleo kaha ki IS aadrni key khilaf

complaint karna hai mujhe. Yeh mu)he peet

raha tha. J can identify) kyon/d) woh pehla

aadmi thaa naa)o gate ke paas mU)he attack

kiya tha. Meinay usko dekha thQ" (I told him

that I want to file a complaint against this

guy. He was beating me up. I can identify as

he was the first person to beat me up near

the gate. I have seen him.)

Mr. Dushyant See his safety is your responsibility. If a

Dave - single hand is now on him we will move for

your suspension straight away. Lets be very

deal' Mr. Do not give excuses. This is

unbelievable! . Right in the heart of Delhi!

recognise)

Mr. Kapil Sibal - Kaun hai woh? (who was it?)

Kanhaiya Kumar - J-Iamare )oh vakil aayi hai na Vrinda unho

nay poocha hai lei aaplea nameplate kahan

hai aap isleo escort kar rahe hain. Mera

haath woh pakde huae the. Woh bole ki

dhakkamukki ke dauran mera nameplate gir

gaya. UnkO bhi mein ne kaha hai is aadmi leo

pakdein.

(my advocate Vrinda asked him where his

name plate was since he was accompanying

me. He was holding my hand. He said that

his nameplate must have fallen off in the

scuffle. I had also told him to arrest this

man.)

Mr. Harin Rawal - That SHO did not have a nameplate.

Someone says - No he is the other guy.

Kanhaiya Kumar - meine unleo kaha ki IS aadrni key khilaf

complaint karna hai mujhe. Yeh mu)he peet

raha tha. J can identify) kyon/d) woh pehla

aadmi thaa naa)o gate ke paas mU)he attack

kiya tha. Meinay usko dekha thQ" (I told him

that I want to file a complaint against this

guy. He was beating me up. I can identify as

he was the first person to beat me up near

the gate. I have seen him.)

Mr. Dushyant See his safety is your responsibility. If a

Dave - single hand is now on him we will move for

your suspension straight away. Lets be very

deal' Mr. Do not give excuses. This is

unbelievable! . Right in the heart of Delhi!

You are now under Supreme' Court's orders.

Not Commissioner Bassi's orders. Lets be

very clear about it.

[While Mr. D<:tve was speaking as aforementioned, Mr. Kanhaiya

Kumar was simultaneously stating as follows: 1

Mr: Kanhaiya Bald joh log they woh is tarikay sepeet rahe

Kumar the na jaise ek aadmi se choot raha hai na

toh samney se aakar koi laat mar raha haL

Wohh joh baar wale, samaney se, pait mein.

Iske saath saath woh bol rahe hain, galiyan

de rahe hain theek hai.

Mr. Kapil Sibal-

(the manner in which these people were

beating me up was such that no sooner did

one guy leave me, that another guy would

come from the front and kick me. Alongwith

the beating, they were hurling abuses at me.)

Toh yeh bus khade huay hein apna? (so they

were just standing by themselves?)

Kanhaiya Kumar - Meine detail mein saaf saaf mention kar diya

hai (I have mentioned everything in detail). I

don't know they are lawyer or not but what

they are saying, I think they are highly

politically motivated persons.

Mr. Rajiv Dhawan uske baad kya hua? (what happened after

that?)

Kanhaiya Kumar - uske baad idhar aagaye. Phir jo hai mujhe

bithaya gaya, meri lawyer aayee) mere saatfi'

mere professor saab the. Us key_ baad

You are now under Supreme' Court's orders.

Not Commissioner Bassi's orders. Lets be

very clear about it.

[While Mr. D<:tve was speaking as aforementioned, Mr. Kanhaiya

Kumar was simultaneously stating as follows: 1

Mr: Kanhaiya Bald joh log they woh is tarikay sepeet rahe

Kumar the na jaise ek aadmi se choot raha hai na

toh samney se aakar koi laat mar raha haL

Wohh joh baar wale, samaney se, pait mein.

Iske saath saath woh bol rahe hain, galiyan

de rahe hain theek hai.

Mr. Kapil Sibal-

(the manner in which these people were

beating me up was such that no sooner did

one guy leave me, that another guy would

come from the front and kick me. Alongwith

the beating, they were hurling abuses at me.)

Toh yeh bus khade huay hein apna? (so they

were just standing by themselves?)

Kanhaiya Kumar - Meine detail mein saaf saaf mention kar diya

hai (I have mentioned everything in detail). I

don't know they are lawyer or not but what

they are saying, I think they are highly

politically motivated persons.

Mr. Rajiv Dhawan uske baad kya hua? (what happened after

that?)

Kanhaiya Kumar - uske baad idhar aagaye. Phir jo hai mujhe

bithaya gaya, meri lawyer aayee) mere saatfi'

mere professor saab the. Us key_ baad

unhonay thoda pani pilaya us key baad hum

baith key thoda shaant huae. Phir meri

lawyer ne poocha ((iski chappal kal1an hai?

Iske kapdey kaise phatay?!!

(we came here after that. Then I was made to

sit. My lawyer came. My professor was there

with me. Thev gave me water to drink.

Thereafter I sat and pacified myself. Then my

lawyer asked, "where are his sandals? How

did his clothes tear?")

Mr. Kapil Sibal - It is shocking.

Kanhaiya Kumar '- Phir police se jawab manga gaya ki kaise

court premises mein' aapke rehte huae yeh

pitt raha hai? Uske baad mein aaya hoon)

me me Judge saab ko kaha hai. (then the

police was asked as to how despite their

presence in the court premises, I was beated.

Thereafter, I came. I told the judge)

Mr. Kapil Sibal - Toh Judge sahib ne kuchh nahi kiya? (did the

judge do anything thereafter?)

Kanhaiya Kumar - Judge sahib ko meine yahi kaha ki sir mein

jab pehli baar aapki court mein aaya thai

mere saath chaar log the. Koi attack nahi

hua tha. Normally me in produce hua tha.

Aur poora narrate ldya tha incident. Meine

kaha tha Judge sahib lw ki sir mere paas us

din lwi lawyer nahi thai aap yaad kijiye woh

din meine us din bhi kaha thai ki mein is

desh ka nau-jawan hoon. (at this point

Kanhaiya breaks down and starts crying).

Mein JNU mein padhai karta hoo71.

(this is what I told the judge, that sir when I

.il

unhonay thoda pani pilaya us key baad hum

baith key thoda shaant huae. Phir meri

lawyer ne poocha ((iski chappal kal1an hai?

Iske kapdey kaise phatay?!!

(we came here after that. Then I was made to

sit. My lawyer came. My professor was there

with me. Thev gave me water to drink.

Thereafter I sat and pacified myself. Then my

lawyer asked, "where are his sandals? How

did his clothes tear?")

Mr. Kapil Sibal - It is shocking.

Kanhaiya Kumar '- Phir police se jawab manga gaya ki kaise

court premises mein' aapke rehte huae yeh

pitt raha hai? Uske baad mein aaya hoon)

me me Judge saab ko kaha hai. (then the

police was asked as to how despite their

presence in the court premises, I was beated.

Thereafter, I came. I told the judge)

Mr. Kapil Sibal - Toh Judge sahib ne kuchh nahi kiya? (did the

judge do anything thereafter?)

Kanhaiya Kumar - Judge sahib ko meine yahi kaha ki sir mein

jab pehli baar aapki court mein aaya thai

mere saath chaar log the. Koi attack nahi

hua tha. Normally me in produce hua tha.

Aur poora narrate ldya tha incident. Meine

kaha tha Judge sahib lw ki sir mere paas us

din lwi lawyer nahi thai aap yaad kijiye woh

din meine us din bhi kaha thai ki mein is

desh ka nau-jawan hoon. (at this point

Kanhaiya breaks down and starts crying).

Mein JNU mein padhai karta hoo71.

(this is what I told the judge, that sir when I

.il

first came to your court, there were only 4

persons. Nobody had attacked. I was

12IQduced normally. I narrated the entire

incident. I told the judge that day that I had

no lawyer, please recollect. That day I had

also told the judge that I am a yound citizen

of this country (at this point kanhaiya breaks

down and starts crying). I study in JNU)

D [Mr. Kapil Sibal and others try pacifying him.]

Kanhaiya Kumar - Mujhe yeh bol karke ki yeh deshdrohi hai

rnedia mera trial kar rahi hai) aur poori media

nahi kar rahi hai. (by portraying me as a

traitor, media is conducting my trial, not the

entire media though)

Mr. Dushyant Beta don)t worry about that uss 1m chhodiye

Dave and others - aaj ke baray mein bataeyeh Judge Sahib ne

kya ldya. (son, don't worry about that. Leave

that. Tell us about today. What did the judge

do?)

, Kanhaiya Kumar - Usske baad aaj meine kaha Judge sahib se ki

sir dekhiyeh yeh itna highlight ho chuka hai

ki aaj mein aapko pehle din kaha tha ki I

have full faith in my Indian Constitution.

(after that I told the judge that see sir this"

issue has been highlighted so much and that

I had told you on the first day that I have full

faith in the constitution)

Mr. Kapil Sibal Wohh theek hai yeh batao ki Judge Sahib ne

and others- . kya kaha. (that is alright. Please tell us what

first came to your court, there were only 4

persons. Nobody had attacked. I was

12IQduced normally. I narrated the entire

incident. I told the judge that day that I had

no lawyer, please recollect. That day I had

also told the judge that I am a yound citizen

of this country (at this point kanhaiya breaks

down and starts crying). I study in JNU)

D [Mr. Kapil Sibal and others try pacifying him.]

Kanhaiya Kumar - Mujhe yeh bol karke ki yeh deshdrohi hai

rnedia mera trial kar rahi hai) aur poori media

nahi kar rahi hai. (by portraying me as a

traitor, media is conducting my trial, not the

entire media though)

Mr. Dushyant Beta don)t worry about that uss 1m chhodiye

Dave and others - aaj ke baray mein bataeyeh Judge Sahib ne

kya ldya. (son, don't worry about that. Leave

that. Tell us about today. What did the judge

do?)

, Kanhaiya Kumar - Usske baad aaj meine kaha Judge sahib se ki

sir dekhiyeh yeh itna highlight ho chuka hai

ki aaj mein aapko pehle din kaha tha ki I

have full faith in my Indian Constitution.

(after that I told the judge that see sir this"

issue has been highlighted so much and that

I had told you on the first day that I have full

faith in the constitution)

Mr. Kapil Sibal Wohh theek hai yeh batao ki Judge Sahib ne

and others- . kya kaha. (that is alright. Please tell us what

the judge said?)

Kanhaiya KU111ar - Judge Sahib, ne kaha ki theel<:: hai· hum

dekhtey hain. Men Lawyer ne kaha ld iska

medical examination hoga. Judge Sahib ne

yeh kaha ki aap bahar ley jayeingay to phir

attack ho sakta hai. Unhonay yeh reply kiya.

Toh me in yahin se jo hai dispensary se iska

ilaaj karatah hoon. Humney kaha lei} Sir) aap

note kijiyeh ki mein dehshat mein hoon} mein

dan-ah hua hoon ..

(the judge said that he will see. My lawyer

thereafter said that I need a medical

eXffinination. The judge said that if you talze

him outside, there is. a possibility that he

may be attacked once again. This was his

reply. I will get him treated here from the

dispensary only. ,I told the· judge that sir

please note that I 8lTI terrorised! scandalised

and I 8lTI in a state of fear.)

[One Advocate said we requested the court to take all these facts

on record. He was little reluctant, so we said he (Kffi1haiya

KUinar) will mal{e a statement, which what he was writing just

now and that will come on record.]

Mr. Rajiv Dhawffi1 Aacha uske baad court me in attack hua? (was

there an attack in the court thereafter?)

Kffi1haiya KumaT - Is room mein nahi (not in this room)

(indicating that there was no attack in the

room he was sitting at presently). Uss room

(other room) (pointing to the room outside).

Mr. Rajiv Dhawan Uss room ka batao (tell us about the other

room)

,I

the judge said?)

Kanhaiya KU111ar - Judge Sahib, ne kaha ki theel<:: hai· hum

dekhtey hain. Men Lawyer ne kaha ld iska

medical examination hoga. Judge Sahib ne

yeh kaha ki aap bahar ley jayeingay to phir

attack ho sakta hai. Unhonay yeh reply kiya.

Toh me in yahin se jo hai dispensary se iska

ilaaj karatah hoon. Humney kaha lei} Sir) aap

note kijiyeh ki mein dehshat mein hoon} mein

dan-ah hua hoon ..

(the judge said that he will see. My lawyer

thereafter said that I need a medical

eXffinination. The judge said that if you talze

him outside, there is. a possibility that he

may be attacked once again. This was his

reply. I will get him treated here from the

dispensary only. ,I told the· judge that sir

please note that I 8lTI terrorised! scandalised

and I 8lTI in a state of fear.)

[One Advocate said we requested the court to take all these facts

on record. He was little reluctant, so we said he (Kffi1haiya

KUinar) will mal{e a statement, which what he was writing just

now and that will come on record.]

Mr. Rajiv Dhawffi1 Aacha uske baad court me in attack hua? (was

there an attack in the court thereafter?)

Kffi1haiya KumaT - Is room mein nahi (not in this room)

(indicating that there was no attack in the

room he was sitting at presently). Uss room

(other room) (pointing to the room outside).

Mr. Rajiv Dhawan Uss room ka batao (tell us about the other

room)

,I

Kanhaiya Kumar - They tried. Wohh aadmi ne kiya koshish.

fillere saath mere Sir the. (that man attempted

to. My sir was with me.)

Mr. Rajiv Dhawan Aur jo chashmey wale the? (what about th~

one with the glasses?)

Kanhaiya Kumar - lVahi aadmi l1SS room mein ghusa hai. Aur

woh aadmi bait karkey plan mein tha ki mere

saath kllCh zaroor karta kyonki jis tarah se

jaan leva hamla hua hai aur woh mere saath

jis tarah se ghusa hai ...... {he is the same

man who entered the room. He was sitting

and planning to definitely do something to

me jUdging by the manner in which I was

attacked and the manner in which he

entered with me ... )

Mr. Kapil Sabil -I

Iss ka matlab bahar lwi arrangement nahi

thai gate par lwi arrangement nahi tho.)

aandar lwi arrangement nahi tha. Yahi iss se

sabit hota hai. (this means there was no

arrangement either· outside, near the gate

nor inside. This is what gets proved by it)

Ms. Vrinda Grover He was allowed to come in.

Mr. Dushyant What time was that?

Dave-

Ms. Vrinda Grover This has happened between 2.30 and ...

Mr. Dushyal1t So after Supreme Court's order. Was it

Dave - communicated to police?

Ms. Vrinda Grover Yes, Sir, it was. I have myself given copies of

.J

Kanhaiya Kumar - They tried. Wohh aadmi ne kiya koshish.

fillere saath mere Sir the. (that man attempted

to. My sir was with me.)

Mr. Rajiv Dhawan Aur jo chashmey wale the? (what about th~

one with the glasses?)

Kanhaiya Kumar - lVahi aadmi l1SS room mein ghusa hai. Aur

woh aadmi bait karkey plan mein tha ki mere

saath kllCh zaroor karta kyonki jis tarah se

jaan leva hamla hua hai aur woh mere saath

jis tarah se ghusa hai ...... {he is the same

man who entered the room. He was sitting

and planning to definitely do something to

me jUdging by the manner in which I was

attacked and the manner in which he

entered with me ... )

Mr. Kapil Sabil -I

Iss ka matlab bahar lwi arrangement nahi

thai gate par lwi arrangement nahi tho.)

aandar lwi arrangement nahi tha. Yahi iss se

sabit hota hai. (this means there was no

arrangement either· outside, near the gate

nor inside. This is what gets proved by it)

Ms. Vrinda Grover He was allowed to come in.

Mr. Dushyant What time was that?

Dave-

Ms. Vrinda Grover This has happened between 2.30 and ...

Mr. Dushyal1t So after Supreme Court's order. Was it

Dave - communicated to police?

Ms. Vrinda Grover Yes, Sir, it was. I have myself given copies of

.J

V

the order.

Mr. Dushy811t That's important.

Dave -

Ms. Vrinda Grover We were frisked. How did that man come in?

Mr. Dushyant That's very senous. They knew about the

Dave -

Mi. Kapil Sibal -

Supreme Court order.

Lets go out. Show us the place the fellow

came in from.

Ms. Vrinda Grover Aap bata dein because you were present.

to Mr. Him811shu

Faculty Member: (Everyone moved out of the room they were

in and walked out and stood in the corridor)

Ms. Vrinda Grover I made repeated appeals for security. They

did not put security here. I repeatedly

expressed apprehensions and they kept

saying "haan, haan) haa,:-" and not listening

to me. This kind of security has come in

now, when you people have arrived. (pointing

to the large number of policemen standing I

there).

Mr. Kapil Sibal- Please tell us where was he? Aap bataeyeh

na (you tell us please)

Ms. Vrinda Grover (pointing towards a door) he was brought in

from here, sir. This was not the bandobast.

I requested for bandobast, they would not

listen. He was brought in from here, we were

sitting in that room (pointing to the room

from where she had just come out) and the

Registrar General and the Judge in':charge

V

the order.

Mr. Dushy811t That's important.

Dave -

Ms. Vrinda Grover We were frisked. How did that man come in?

Mr. Dushyant That's very senous. They knew about the

Dave -

Mi. Kapil Sibal -

Supreme Court order.

Lets go out. Show us the place the fellow

came in from.

Ms. Vrinda Grover Aap bata dein because you were present.

to Mr. Him811shu

Faculty Member: (Everyone moved out of the room they were

in and walked out and stood in the corridor)

Ms. Vrinda Grover I made repeated appeals for security. They

did not put security here. I repeatedly

expressed apprehensions and they kept

saying "haan, haan) haa,:-" and not listening

to me. This kind of security has come in

now, when you people have arrived. (pointing

to the large number of policemen standing I

there).

Mr. Kapil Sibal- Please tell us where was he? Aap bataeyeh

na (you tell us please)

Ms. Vrinda Grover (pointing towards a door) he was brought in

from here, sir. This was not the bandobast.

I requested for bandobast, they would not

listen. He was brought in from here, we were

sitting in that room (pointing to the room

from where she had just come out) and the

Registrar General and the Judge in':charge

-\ were present (voice inaudible as Ms. Vrinda

and others walk into the court roora)

D Ms. Vrinda Grover That man has hit him here. These people

(i

know him (pointing towards some advocates

and court staffj.

[Persons indicated, including the Registrar General of the Hon 'ble

Higb Court of Delhi, say that yahan par hit nahi ldya. 12-13 log

the policewale. Yahan par kuch nahi hua hamare samane. Ek

aadmi daadi thi uski yahan pe aake ... (no hitting took place here.

12 - 13 policemen were here. Nothing happened before us. One

bearded man came here and .... )

I

Unidentified voice Kaun tha wah? (who was it?)

Registrar General We do not know.

Mr. Dushyant Nobody checked?

Dave-

Mr. Himanshu - I was standing next to you. All of you three

were here. That guy came from here

(pointing to the door). Kanhaiya was

brought to sit here· (pointing to the chair).

That guy who hit him was sitting there.

Registrar General We have not seen hitting him. Lekin hum

ney yeh kaha yeh kaun ha~ bhagao ~se

yahan se (but we did question who he was

and asked him to be sent away)

Mr. Himanshu - Wohh chair tak pahooncha kaise? (How did

he reach near the chair?) I said that arrest

him.

Mr. Dushyant Aap ko Supreme Court ka order pata hai? (are

-\ were present (voice inaudible as Ms. Vrinda

and others walk into the court roora)

D Ms. Vrinda Grover That man has hit him here. These people

(i

know him (pointing towards some advocates

and court staffj.

[Persons indicated, including the Registrar General of the Hon 'ble

Higb Court of Delhi, say that yahan par hit nahi ldya. 12-13 log

the policewale. Yahan par kuch nahi hua hamare samane. Ek

aadmi daadi thi uski yahan pe aake ... (no hitting took place here.

12 - 13 policemen were here. Nothing happened before us. One

bearded man came here and .... )

I

Unidentified voice Kaun tha wah? (who was it?)

Registrar General We do not know.

Mr. Dushyant Nobody checked?

Dave-

Mr. Himanshu - I was standing next to you. All of you three

were here. That guy came from here

(pointing to the door). Kanhaiya was

brought to sit here· (pointing to the chair).

That guy who hit him was sitting there.

Registrar General We have not seen hitting him. Lekin hum

ney yeh kaha yeh kaun ha~ bhagao ~se

yahan se (but we did question who he was

and asked him to be sent away)

Mr. Himanshu - Wohh chair tak pahooncha kaise? (How did

he reach near the chair?) I said that arrest

him.

Mr. Dushyant Aap ko Supreme Court ka order pata hai? (are

Dave to the you aware of the Supreme Court's Order)

.L,egistrar General How did you allow him to come m?

Mr. Himanshu - Maine aap!co bola arrest !carne (I told you to

arrest)

Registrar General Hurrme toh already directions de diye (we had

already given directions) DCP was here.

Mr. DushyaJ1t Wohh a71dar kaise aaya (how could he get

Daye - inside?)

EegistraJ" General Sir) ab yeh toh policewalon ka .......... Woh

toh upar terrace pe bhi chaley gaye the. (sir,

this is policemen's ... they had infact climbed

up on the terrace as well)

(indistinct voice as too maJ1Y people speaking

at the same time)

Someone asks the Ek baat batao jab Supreme Court ne clear kar

Registrar General di lei 6 vakil aayenge) 5 wohh aayenge toh

woh aadmi andar kaise aaya. {tell us one '

thing, if the Supreme Court had claJ"ified that

6 advocates will come, 5 of theirs (meaning

journalists) would come, then how did a

commoner get inside)

Registrar General- Hurnne sabko direction de di thi) DCP lco hum

sab ne (we had given directions to everyone,

to the DCP)

Mr. Harin Rawal - Sir, I have a very simple question if you were

aware of the Supreme Court order, and you

found someone who was not looking like an

advocate did you try and enquire who he is.

Eegistrar General Sir hurn71e poocha kaun hail isse pakdo (sir

we asked who he was, to catch him)

\orw 'I

Dave to the you aware of the Supreme Court's Order)

.L,egistrar General How did you allow him to come m?

Mr. Himanshu - Maine aap!co bola arrest !carne (I told you to

arrest)

Registrar General Hurrme toh already directions de diye (we had

already given directions) DCP was here.

Mr. DushyaJ1t Wohh a71dar kaise aaya (how could he get

Daye - inside?)

EegistraJ" General Sir) ab yeh toh policewalon ka .......... Woh

toh upar terrace pe bhi chaley gaye the. (sir,

this is policemen's ... they had infact climbed

up on the terrace as well)

(indistinct voice as too maJ1Y people speaking

at the same time)

Someone asks the Ek baat batao jab Supreme Court ne clear kar

Registrar General di lei 6 vakil aayenge) 5 wohh aayenge toh

woh aadmi andar kaise aaya. {tell us one '

thing, if the Supreme Court had claJ"ified that

6 advocates will come, 5 of theirs (meaning

journalists) would come, then how did a

commoner get inside)

Registrar General- Hurnne sabko direction de di thi) DCP lco hum

sab ne (we had given directions to everyone,

to the DCP)

Mr. Harin Rawal - Sir, I have a very simple question if you were

aware of the Supreme Court order, and you

found someone who was not looking like an

advocate did you try and enquire who he is.

Eegistrar General Sir hurn71e poocha kaun hail isse pakdo (sir

we asked who he was, to catch him)

\orw 'I

Mr. Kapil Sibal - That's not the point. How did you let him

go? How did you let him in a,nd how did you

let him out?

Registrar General Sir~ humne kaha isse action lo} isske) kaun hai yeh aadmi. (sir we told to take action

. against him)

Mr. Kapil Sibal - What do you mean by that? When a person

is not entitled to be here he should not be

allowed go.

I Mr. Kapil Sibal-. Aapne arrest kyon nahi karaya unlw? (why

didn't you get him arrested?)

Registrar General Sir) meine kaha DCP ko (Sir, I told that DCP)

Mr. Kapil Sibal - Kisko kaha batao. You have said ki kisiko

!who. ab batao kis leo kaha. (tell us who you

told it to. You have said ki you have told

someone, now tell us who you told it to)

Registrar General Sir 12-13 officers they mainey sabhiko bola. (sir 12-13 officers' were there, I told

everyone.)

Mr. Kapil Sibal - Kaun 12-13) unmein se ek-do ko pehchaniye Mr. aap. (which 12-13, please identify one or

two)

Registrar General Yes

Mr. Kapil Sibal Bataeyeh kaun hai (tell us who it is)

Registrar General DCP was there.

Mr. Kapil Sibal - \tVhich DCP?

Registrar General Mr. Jatin Narwal. .

Mr. Kapil Sibal - That's not the point. How did you let him

go? How did you let him in a,nd how did you

let him out?

Registrar General Sir~ humne kaha isse action lo} isske) kaun hai yeh aadmi. (sir we told to take action

. against him)

Mr. Kapil Sibal - What do you mean by that? When a person

is not entitled to be here he should not be

allowed go.

I Mr. Kapil Sibal-. Aapne arrest kyon nahi karaya unlw? (why

didn't you get him arrested?)

Registrar General Sir) meine kaha DCP ko (Sir, I told that DCP)

Mr. Kapil Sibal - Kisko kaha batao. You have said ki kisiko

!who. ab batao kis leo kaha. (tell us who you

told it to. You have said ki you have told

someone, now tell us who you told it to)

Registrar General Sir 12-13 officers they mainey sabhiko bola. (sir 12-13 officers' were there, I told

everyone.)

Mr. Kapil Sibal - Kaun 12-13) unmein se ek-do ko pehchaniye Mr. aap. (which 12-13, please identify one or

two)

Registrar General Yes

Mr. Kapil Sibal Bataeyeh kaun hai (tell us who it is)

Registrar General DCP was there.

Mr. Kapil Sibal - \tVhich DCP?

Registrar General Mr. Jatin Narwal. .

.(Ill l1\1r. Jatin Narwal enters the room and comes in)

o

Mr'. Kapil Sibal Wohh kehte hain ki unhonay bola tha ki yeh

asks the DCP - "caise andar aaya isse arrest learo. (he is

saving that he asked you how that man

came in and also asked you to arrest him)

Mr. Jatin Narwal, Sir arrest ki lwi baat hi nahi ki thi. (sir there

DCP was no talk of arrest)

Registrar General Meine kaha nahi iss aadmi leo paledo. (didn't I

ask you to catch this guy)

Mr. Jatin Nan;val, Sir unlco )0 hai enquire kar rahe the. (sir, we

DCP were inquiring him)

Mr. Dushyant Toh aap andar aaye the kamre mein? (so

Dave to the Mr. were you inside the room?)

Jatin Narwal' DCP

Registrar General He was there.

Mr. Kapil Sibal- Haan, Haan, Haan he was there. He told

him ke isko pakdo. He did not do it.

Registrar General Sir inlce saath 10-12 aur bhi police officer the

yahan par. (sir there were 1 0-12 other police

officers here along with him)

Mr. Kapil Sibal- You and)oh bhi 10-12 officers the yahanpar

unlce naam chahiye hamein. Unlce naam

chahiye aur unlce designation chahiye (we

need your name and the names of the other

10-12 officers who were present along with

their designation). Because we have to go

back to the Supreme Court and report it.

Mr. J atin N arwal, I asked them how did you come here?

DCP

.(Ill l1\1r. Jatin Narwal enters the room and comes in)

o

Mr'. Kapil Sibal Wohh kehte hain ki unhonay bola tha ki yeh

asks the DCP - "caise andar aaya isse arrest learo. (he is

saving that he asked you how that man

came in and also asked you to arrest him)

Mr. Jatin Narwal, Sir arrest ki lwi baat hi nahi ki thi. (sir there

DCP was no talk of arrest)

Registrar General Meine kaha nahi iss aadmi leo paledo. (didn't I

ask you to catch this guy)

Mr. Jatin Nan;val, Sir unlco )0 hai enquire kar rahe the. (sir, we

DCP were inquiring him)

Mr. Dushyant Toh aap andar aaye the kamre mein? (so

Dave to the Mr. were you inside the room?)

Jatin Narwal' DCP

Registrar General He was there.

Mr. Kapil Sibal- Haan, Haan, Haan he was there. He told

him ke isko pakdo. He did not do it.

Registrar General Sir inlce saath 10-12 aur bhi police officer the

yahan par. (sir there were 1 0-12 other police

officers here along with him)

Mr. Kapil Sibal- You and)oh bhi 10-12 officers the yahanpar

unlce naam chahiye hamein. Unlce naam

chahiye aur unlce designation chahiye (we

need your name and the names of the other

10-12 officers who were present along with

their designation). Because we have to go

back to the Supreme Court and report it.

Mr. J atin N arwal, I asked them how did you come here?

DCP

r .. Mr. Kapil Sibal- No ask! How did he get in. And when they

told you ki isko pakdo how did he get out?

Registrar General Sir, we have also given him (DCP) a copy of

the order.

(voice unclear)

Mr. Jatin Narwal, That was the escort party. Sir mein jaise hi

DCP unse rwam poocha woh kehte hein Jei haan

bata rahe hain (sir the moment I asked him

his name he told me that he will tell me)

Mr. Dushyant AapJee saath 12-13 kaun they woh bataeyeh.

Dave -Naam bataeyeh. (who were the 12-13 others

with you. Tell their names)

Mr. Jatin Narwal, Sir) South District ki team thi (sir, it was the

DCP - south district team).'

Mr. Kapil Sibal - Get us the names of the South District

Team.

Mr. Harin Rawal - And please just one question when the

Registrar General says that he asked you to

arrest that man, did you or why did you not

arrest him.

DCP- The moment I got to know I ran.

Mr. Harin Rawal- But he said you were inside the room.

DCP- Sir mein inside nahi tha mein udhar gaya

tha (sir I was not inside, I had gone out)

(pointing outside the door).

Registrar General Nasir he was inside the room alongwith 10-

of High Court - 12 other police officers.

Mr. Kapil Sibal - Then?

\\)~

r .. Mr. Kapil Sibal- No ask! How did he get in. And when they

told you ki isko pakdo how did he get out?

Registrar General Sir, we have also given him (DCP) a copy of

the order.

(voice unclear)

Mr. Jatin Narwal, That was the escort party. Sir mein jaise hi

DCP unse rwam poocha woh kehte hein Jei haan

bata rahe hain (sir the moment I asked him

his name he told me that he will tell me)

Mr. Dushyant AapJee saath 12-13 kaun they woh bataeyeh.

Dave -Naam bataeyeh. (who were the 12-13 others

with you. Tell their names)

Mr. Jatin Narwal, Sir) South District ki team thi (sir, it was the

DCP - south district team).'

Mr. Kapil Sibal - Get us the names of the South District

Team.

Mr. Harin Rawal - And please just one question when the

Registrar General says that he asked you to

arrest that man, did you or why did you not

arrest him.

DCP- The moment I got to know I ran.

Mr. Harin Rawal- But he said you were inside the room.

DCP- Sir mein inside nahi tha mein udhar gaya

tha (sir I was not inside, I had gone out)

(pointing outside the door).

Registrar General Nasir he was inside the room alongwith 10-

of High Court - 12 other police officers.

Mr. Kapil Sibal - Then?

\\)~

--,CP Nahi, sir, there was a time gap. The moment

I got to know that they were there I ran and

chased them.

(Mr. Sanjay Bhatia, Additional DCP, from the South District

Team enters the room)

Mr. Dushyant Aap South District Team se hain. Aaplca aur

Dave - sabka naam dejiyeh (you are from south

district team. Please give all your names)

Additional DCP - Sir mein le loonh sab ka naam jaakar? (sir, I

~ Mr. can I go and get everyone's name)

Mr. Kapil Sibal - Haan, Haan, Please.

Mr. Jatin, DCP - Sir the moment I got to know that they are

the attackers I chased them.

Mr. Kapil Sibal- No question of chasing them. How can you

say that I was chasing them.

Registrar General Sir ek aadmi ne uss ko pakad bhi rakha tha

of High Court - accused ko taaki woh bhaag na jayeh

(someone had held the accused to prevent

him from running) Ek aadmi wahan jaa ke

baith gaya (one man went and sat there)

(pointing to a chair in the corner of the

room).

Mr. Dushyant Yeh (Addl. DCP) keh rahe hain ki andar in ki

Dave - team nahi thi (this AddL DCP is saying that

his tearn did not come inside.)

Addl. DCP- Andar toh hum ho hi -nahi saktey! Sir. Wohh

to jo escort party thi woh thi andar. (we cant

be inside sir. The escort party was inside)

--,CP Nahi, sir, there was a time gap. The moment

I got to know that they were there I ran and

chased them.

(Mr. Sanjay Bhatia, Additional DCP, from the South District

Team enters the room)

Mr. Dushyant Aap South District Team se hain. Aaplca aur

Dave - sabka naam dejiyeh (you are from south

district team. Please give all your names)

Additional DCP - Sir mein le loonh sab ka naam jaakar? (sir, I

~ Mr. can I go and get everyone's name)

Mr. Kapil Sibal - Haan, Haan, Please.

Mr. Jatin, DCP - Sir the moment I got to know that they are

the attackers I chased them.

Mr. Kapil Sibal- No question of chasing them. How can you

say that I was chasing them.

Registrar General Sir ek aadmi ne uss ko pakad bhi rakha tha

of High Court - accused ko taaki woh bhaag na jayeh

(someone had held the accused to prevent

him from running) Ek aadmi wahan jaa ke

baith gaya (one man went and sat there)

(pointing to a chair in the corner of the

room).

Mr. Dushyant Yeh (Addl. DCP) keh rahe hain ki andar in ki

Dave - team nahi thi (this AddL DCP is saying that

his tearn did not come inside.)

Addl. DCP- Andar toh hum ho hi -nahi saktey! Sir. Wohh

to jo escort party thi woh thi andar. (we cant

be inside sir. The escort party was inside)

,iA

r. Dushyant Kiski thi escort party? Kiski hai escort part?

Dave - (whose escort party was it?)

DCP- Sir, South District ki.

Mr. Rajiv Dhawan Aapne jaate nahi dekha na? (you didn't' see

to Registrar him going out?)

General-

Registrar General Meine wahan baithe huay dekha usko (I saw

him sitting there)

(Again indistinct voices) ,

Registrar General He says they were two but I saw one.

Mr. Himanshu - One in grey suit, one in white suit.

Mr. Kapil Sibal - Kisine record nahi kiya? (no one recorded?)

Registrar General Mobile sabki rakh di andar (every ones

mobile was kept inside) as per court order.

Mr.' Harin Rawal Sir I am stopping the recording now and at

to the Registrar this moment....... (first video ends second

General video starts and the conversation in between

is lost).

I apprehend that this phone may not be

working so I am sending it right now in

presence of all of you.

RegistraT General Theek hai sir.

,iA

r. Dushyant Kiski thi escort party? Kiski hai escort part?

Dave - (whose escort party was it?)

DCP- Sir, South District ki.

Mr. Rajiv Dhawan Aapne jaate nahi dekha na? (you didn't' see

to Registrar him going out?)

General-

Registrar General Meine wahan baithe huay dekha usko (I saw

him sitting there)

(Again indistinct voices) ,

Registrar General He says they were two but I saw one.

Mr. Himanshu - One in grey suit, one in white suit.

Mr. Kapil Sibal - Kisine record nahi kiya? (no one recorded?)

Registrar General Mobile sabki rakh di andar (every ones

mobile was kept inside) as per court order.

Mr.' Harin Rawal Sir I am stopping the recording now and at

to the Registrar this moment....... (first video ends second

General video starts and the conversation in between

is lost).

I apprehend that this phone may not be

working so I am sending it right now in

presence of all of you.

RegistraT General Theek hai sir.

~~ ~.~I"""~", .... ,.~y~:~.,<"., .,,,,,,,,,,,,..-- ." ...

~ "'Y··· ... ~

o •

l!Page

r . \b'~ .

.. .-"'-

......... ANNEX Uf(~;: P:::r I

Account of Happenings on 17.2.2016 as witnessed by Lawyers

representing Kanhaiya Kumar at PaHala House Courts

The Hon'ble Supreme Court passed a detailed order dt. 17.2.2016

(forenoon) giving extensive directions to ensure and enable free and fair

remand proceedings in the Patiala House Court in the said matter at 2:00 PM.

At around 1:45 PM the undersigned lawyers along with Prof.

Himanshu, ** were escorted into the Patiala House Court complex by the

police. As we were entering the court premises we witnessed a huge crowd of

lawyers and non-lawyers already present inside the court. They were

shouting slogans and were clearly unruly and out of control. An aggressive

crowd had also already assembled outside the court and was indulging in

slogan shouting. We also noted sh'ong police contingent manning the gates of

the court complex as also entry to the court building.

We met with the Registrar General, Delhi HighCourt inside the court

building as we proceeded towards Court 3! the' designated court of Sh.

Loveleen Kr. We were taken to Court 4 where the police officials and the

Co un Officials verified our identity and got out mobile phones surrendered.

After due verification of our identities! we were led to Court Hall No.3 which

is right opposite Court Hall no. 4. Prof Himanshu was asked to stay back with

the 3 Court officials.

With the passage of time! from court Hall 4 we could hear the slogans

getting louder. We also heard l()ud commotion! right at the entry to the court I

building located merely 20 feet away from the said court hall on multiple

~ occasions and the doors were as ifbeing banged.

At this point, one of us brought it to the attention to the Registrar that

while there is a large police contingent outs,ide the court complex and the

court building, the security inside the court building was highly inadequate.

The commotion at the entry of court building indicated a strong possibility of

the crowd breaking the cordon and entering th'e building itself which would

have put the lives of all present inside the court to grave danger. It was also

pointed out by us that there is no armed police personnel at the door of the

Court room no. 4 or Court room no. 3.

A little later! we notice from the window of the court hall that a huge

crowd had' gathered on the tetrace of the adjoining building having a direct

view to the seating area inside the court hall. They were shouting'slogans and

waving flags. This was also brought to the attention of the R.e . /.. General

a:pd the DCP present there as there was a clear and lurki9 . / . ything

.;~" Page 1 of 4 \. 'V

'V

• . \., ~ -«S)\} './

~ ~()~ "J' .""l r

.. ~~~~/.:: 0~'0

'-. S~~~~

~~ ~.~I"""~", .... ,.~y~:~.,<"., .,,,,,,,,,,,,..-- ." ...

~ "'Y··· ... ~

o •

l!Page

r . \b'~ .

.. .-"'-

......... ANNEX Uf(~;: P:::r I

Account of Happenings on 17.2.2016 as witnessed by Lawyers

representing Kanhaiya Kumar at PaHala House Courts

The Hon'ble Supreme Court passed a detailed order dt. 17.2.2016

(forenoon) giving extensive directions to ensure and enable free and fair

remand proceedings in the Patiala House Court in the said matter at 2:00 PM.

At around 1:45 PM the undersigned lawyers along with Prof.

Himanshu, ** were escorted into the Patiala House Court complex by the

police. As we were entering the court premises we witnessed a huge crowd of

lawyers and non-lawyers already present inside the court. They were

shouting slogans and were clearly unruly and out of control. An aggressive

crowd had also already assembled outside the court and was indulging in

slogan shouting. We also noted sh'ong police contingent manning the gates of

the court complex as also entry to the court building.

We met with the Registrar General, Delhi HighCourt inside the court

building as we proceeded towards Court 3! the' designated court of Sh.

Loveleen Kr. We were taken to Court 4 where the police officials and the

Co un Officials verified our identity and got out mobile phones surrendered.

After due verification of our identities! we were led to Court Hall No.3 which

is right opposite Court Hall no. 4. Prof Himanshu was asked to stay back with

the 3 Court officials.

With the passage of time! from court Hall 4 we could hear the slogans

getting louder. We also heard l()ud commotion! right at the entry to the court I

building located merely 20 feet away from the said court hall on multiple

~ occasions and the doors were as ifbeing banged.

At this point, one of us brought it to the attention to the Registrar that

while there is a large police contingent outs,ide the court complex and the

court building, the security inside the court building was highly inadequate.

The commotion at the entry of court building indicated a strong possibility of

the crowd breaking the cordon and entering th'e building itself which would

have put the lives of all present inside the court to grave danger. It was also

pointed out by us that there is no armed police personnel at the door of the

Court room no. 4 or Court room no. 3.

A little later! we notice from the window of the court hall that a huge

crowd had' gathered on the tetrace of the adjoining building having a direct

view to the seating area inside the court hall. They were shouting'slogans and

waving flags. This was also brought to the attention of the R.e . /.. General

a:pd the DCP present there as there was a clear and lurki9 . / . ything

.;~" Page 1 of 4 \. 'V

'V

• . \., ~ -«S)\} './

~ ~()~ "J' .""l r

.. ~~~~/.:: 0~'0

'-. S~~~~

21Page

that may be thrown through the window despite the iron grills, given the sheer number of people present all around and shouting loudly.

Thereafter,we saw Kanhaiya being brought to CourtRoom 4 with lot of policemen being present outside the court hall. Soon thereafter we notice an average built man wearing dark glasses exiting Court Room No.4 where DCP asks him to disclose his identity to which he we hear him saying, "you will ask 1'ne my identity? Why should I tell you who I am" (tUtn lnujhsemerallaampoochogey,inailcyubatautumhemailcaunhu), after which he is allowed to leave the hallway. We could also hear loud noise coming from the Court Room 3 at which point, one of us leave court hall room no. 4 anclgo to Court room no. 3.

We were most surprised at the very fact that when we as lawyers in our robes, were identified so strictly as per orders of this Court, how could a stranger be permitted to enter the court hall, mu~h less, leave the court hall after thrashing the accused in front of 3 court officials present there as well as senior police personnel.

,

Kanhaiya was sitting shouting that he was badly beaten as he was brought to the court and inside the court hall no. 3 as well. Kanhaiya was absolutely shocked and visibly shaken after what had happened to him. He . said that he was thoroughly roughed up on way to the Court, and was beaten repeatedly and even inside the Court hall no. 3 the said unidentified man had beaten him up in presence of all those who were present in Court room 1~0. 3. He also told us that such was the intensity of the attack that the cluster of Police personnel accompanying him from Vasant Kunj PS had also received injuries in trying to protect Kanhaiya from the mob.

At this juncture, all of the remaining lawyers went from Court room no. 4 to Court room no. 3. It is notable that an authority as high as the Registrar General of Delhi High Court along with high ranking police officials were present in Court room no. 3 when this incident happened. Prof. Himanshu, who witnessed this happening in Court room no. 3, also informed that the un\.dentified person was not arrested despite him asking everyone including

the"Registrar General there to arrest him.

. When we saw Kanhiaya, he was not able to talk properly and we asked .. the police officials surrounding him to' allow some fresh air to come. He was panting. He had some injury on his head, and foot, and he told us that~e was punched in the chest and stomach and his hair were pulled. He was WIthout

his foot wear.

Page 2 of 4

,.1

21Page

that may be thrown through the window despite the iron grills, given the sheer number of people present all around and shouting loudly.

Thereafter,we saw Kanhaiya being brought to CourtRoom 4 with lot of policemen being present outside the court hall. Soon thereafter we notice an average built man wearing dark glasses exiting Court Room No.4 where DCP asks him to disclose his identity to which he we hear him saying, "you will ask 1'ne my identity? Why should I tell you who I am" (tUtn lnujhsemerallaampoochogey,inailcyubatautumhemailcaunhu), after which he is allowed to leave the hallway. We could also hear loud noise coming from the Court Room 3 at which point, one of us leave court hall room no. 4 anclgo to Court room no. 3.

We were most surprised at the very fact that when we as lawyers in our robes, were identified so strictly as per orders of this Court, how could a stranger be permitted to enter the court hall, mu~h less, leave the court hall after thrashing the accused in front of 3 court officials present there as well as senior police personnel.

,

Kanhaiya was sitting shouting that he was badly beaten as he was brought to the court and inside the court hall no. 3 as well. Kanhaiya was absolutely shocked and visibly shaken after what had happened to him. He . said that he was thoroughly roughed up on way to the Court, and was beaten repeatedly and even inside the Court hall no. 3 the said unidentified man had beaten him up in presence of all those who were present in Court room 1~0. 3. He also told us that such was the intensity of the attack that the cluster of Police personnel accompanying him from Vasant Kunj PS had also received injuries in trying to protect Kanhaiya from the mob.

At this juncture, all of the remaining lawyers went from Court room no. 4 to Court room no. 3. It is notable that an authority as high as the Registrar General of Delhi High Court along with high ranking police officials were present in Court room no. 3 when this incident happened. Prof. Himanshu, who witnessed this happening in Court room no. 3, also informed that the un\.dentified person was not arrested despite him asking everyone including

the"Registrar General there to arrest him.

. When we saw Kanhiaya, he was not able to talk properly and we asked .. the police officials surrounding him to' allow some fresh air to come. He was panting. He had some injury on his head, and foot, and he told us that~e was punched in the chest and stomach and his hair were pulled. He was WIthout

his foot wear.

Page 2 of 4

,.1

3 I P age \ \0 Realising that the violence inside and outside the Court room has happened despite the categorical orders of this Hon'ble Court, and that the volume and excitement of the mob outside seemed to be on an increasing tempo, and at which point we thought it is necessary to bring all this to the kind attention of the Bench hearing the matter and requested for our cell phones to be given back and made frantic calls to senior members of the bar. Thereafter, the proceedings commenced and Kanhaiya prayed to make his statement regarding the violence that has happened and the injuries received on his person, on which the ld. Magistrate asked· him to give it in writing. A copy of the said order is annexed herewith. \

In the meanwhile, a team of senior lawyers appointed by the Supreme Court arrived at the Court room no. 4. They recorded statements on a mobile phone and while they were present, the sloganeering was unabated and one could hear nasty things being shouted.

It is also notable that there was a dramatic change in the approach of the 3 CQurt officials as well as Police Officials after the visit of the Court Commissioners. The security was beefed up in the hall way in which court no 3 and 4 are situated only after the Court Commissioners arrived. Till before the Court Commissioners arrived, the senior most police official was 'cine Mr. JatinNarwat DCP overseeing the entire arrangements of security. It was only after the Court Commissioners visited that one Mr. Meena, ACP came and inquired about things and our well being.

We also demanded a medical examination of Kanhaiya, on which a doctor was called inside the Court room. Meanwhile, the environment of fear and hostility continued outside fueled .by tumultuous crowds shouting slogans and creating turmoil.

The Court proceedings were over by about 4 pm. When asked for our safe exit, the concerned Police officials said that they are waiting for /I enough force". We were made to wait for about 3 hours in the Court room no. 3. When it grew dark, and there was still sloganeering happelling outside, we realized that the situation may once again go out of controt and at which point we made calls to some of the Court Commissioners and requested them to see what can be done for our safe exit and reported the reply of Delhi Police regarding not having II enough force" to allow our safe exit. Thereafter, in a matter of 15 minutes the Police suddenly sprung into action and finally around 6:50-7 pm we were dropped at Delhi High Court by Delhi Police. '

Page30f4

3 I P age \ \0 Realising that the violence inside and outside the Court room has happened despite the categorical orders of this Hon'ble Court, and that the volume and excitement of the mob outside seemed to be on an increasing tempo, and at which point we thought it is necessary to bring all this to the kind attention of the Bench hearing the matter and requested for our cell phones to be given back and made frantic calls to senior members of the bar. Thereafter, the proceedings commenced and Kanhaiya prayed to make his statement regarding the violence that has happened and the injuries received on his person, on which the ld. Magistrate asked· him to give it in writing. A copy of the said order is annexed herewith. \

In the meanwhile, a team of senior lawyers appointed by the Supreme Court arrived at the Court room no. 4. They recorded statements on a mobile phone and while they were present, the sloganeering was unabated and one could hear nasty things being shouted.

It is also notable that there was a dramatic change in the approach of the 3 CQurt officials as well as Police Officials after the visit of the Court Commissioners. The security was beefed up in the hall way in which court no 3 and 4 are situated only after the Court Commissioners arrived. Till before the Court Commissioners arrived, the senior most police official was 'cine Mr. JatinNarwat DCP overseeing the entire arrangements of security. It was only after the Court Commissioners visited that one Mr. Meena, ACP came and inquired about things and our well being.

We also demanded a medical examination of Kanhaiya, on which a doctor was called inside the Court room. Meanwhile, the environment of fear and hostility continued outside fueled .by tumultuous crowds shouting slogans and creating turmoil.

The Court proceedings were over by about 4 pm. When asked for our safe exit, the concerned Police officials said that they are waiting for /I enough force". We were made to wait for about 3 hours in the Court room no. 3. When it grew dark, and there was still sloganeering happelling outside, we realized that the situation may once again go out of controt and at which point we made calls to some of the Court Commissioners and requested them to see what can be done for our safe exit and reported the reply of Delhi Police regarding not having II enough force" to allow our safe exit. Thereafter, in a matter of 15 minutes the Police suddenly sprung into action and finally around 6:50-7 pm we were dropped at Delhi High Court by Delhi Police. '

Page30f4

./

41Page \ \ ,

Thus, in all there was a great hostility and an environment of fear and aggression, and the situation there throughout remained very tense and not conducive for normal functioning of lawyers or courts, and against the notions of free and fair access to justice .

. ~~~~ ~tt~el.qV\~. Vrinda Grav Risltabh Sancheti ~

QrW~' Ba~kim K p~~ ... ~~

Siddharth Sharma

Page4 of 4

.1

./

41Page \ \ ,

Thus, in all there was a great hostility and an environment of fear and aggression, and the situation there throughout remained very tense and not conducive for normal functioning of lawyers or courts, and against the notions of free and fair access to justice .

. ~~~~ ~tt~el.qV\~. Vrinda Grav Risltabh Sancheti ~

QrW~' Ba~kim K p~~ ... ~~

Siddharth Sharma

Page4 of 4

.1

._-_.-._-_.- ...... _- ... _-. __ ..

.'

! ! !

In the Hon'ble Supreme Court ofIndia

In Re: Writ Petition(s) (Criminal) No(s). 2512016

N.D. Jayaprakash (Petitioner)

Versus

Union ofIndia and Anr. (Respondent)

Report of Registrar General, Hon'blc High Court of Delhi

, ,.

/

1. Pursuant to order dated 17.2.2016 (pre-lunch) of this Hon'ble Court in Writ

Petition(Crl.) No. 25/2016 and after informing the Hon'ble Chief Justice of High

Court of Delhi, I reached Patiala House Courts Complex, New Delhi at about 1: I a i PM. I visited the Chamber of Sh. Amar Nath, Ld. District & Sessions J~dge, Patiala 1

House Courts, New Delhi. .J

2. 1n the chamber of Sh. Amar Na:h~ Ld. District & Sessions Judge, Patiala' House ,II

Courts, New Delhi I met with Sh .. Jatin Narwal, DCP, New Delhi and Sh. Sanjay,i

Bhatia, Add!. DCP (South), who were present in the complex & called by Ld. District},

& S . rIg

eSSlons . ue ge.· *

3. I orally informed them about the instructions given by this Hon' ble Court as r had not!

received copy of the order of this Hon'ble Court by that time. Both police offIcials; J

were apprised of the directions of this Hon'ble COUli to the effect that a) only 06 J

named' Advocates shall be allowed inside the Court Room; b) and 05 named pre;s .~.

reporters shall be allowed inside the Court Room (subject to their identification being ,1

certified by the undersigned); c) four family members of the accused are only to be1

allowed inside the Court Room (subjeetta their identification by the accused) ur in J

the abs~nce of t:1e family ~n~mbe~s, o~efaculty member from JNU and one stu~lellt Ii',

from JNU, (subject to theIr IdentIficatIOn by the accused) are only to be permItted;

inside the Court Room.: · . . '. l

4. Meanwhile at about 1:40 PM, COPY'of the Order dated 17.02.2016 of this Hon'bl:,'

Court was handed over to me by co~t $t~ff A copy thereof was supplied by me to Sit!

Jatll1 Narwal, DCP, New ~elhl and Sh: SanJay Bhatla, Addl. DCP (South). ~

5. Keeping in view the prevailing laviundl)rder situation, it was decided that as accLlsedl

is to be produced before the Court of Ld. M~, B h. Lov 1 ceo, i ° Court Room No.4, so f

along with Sh. Amar Nath, Ld. D!stncr & SesslOns Judge, Patlaia House Court, Ne!

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In the Hon'ble Supreme Court ofIndia

In Re: Writ Petition(s) (Criminal) No(s). 2512016

N.D. Jayaprakash (Petitioner)

Versus

Union ofIndia and Anr. (Respondent)

Report of Registrar General, Hon'blc High Court of Delhi

, ,.

/

1. Pursuant to order dated 17.2.2016 (pre-lunch) of this Hon'ble Court in Writ

Petition(Crl.) No. 25/2016 and after informing the Hon'ble Chief Justice of High

Court of Delhi, I reached Patiala House Courts Complex, New Delhi at about 1: I a i PM. I visited the Chamber of Sh. Amar Nath, Ld. District & Sessions J~dge, Patiala 1

House Courts, New Delhi. .J

2. 1n the chamber of Sh. Amar Na:h~ Ld. District & Sessions Judge, Patiala' House ,II

Courts, New Delhi I met with Sh .. Jatin Narwal, DCP, New Delhi and Sh. Sanjay,i

Bhatia, Add!. DCP (South), who were present in the complex & called by Ld. District},

& S . rIg

eSSlons . ue ge.· *

3. I orally informed them about the instructions given by this Hon' ble Court as r had not!

received copy of the order of this Hon'ble Court by that time. Both police offIcials; J

were apprised of the directions of this Hon'ble COUli to the effect that a) only 06 J

named' Advocates shall be allowed inside the Court Room; b) and 05 named pre;s .~.

reporters shall be allowed inside the Court Room (subject to their identification being ,1

certified by the undersigned); c) four family members of the accused are only to be1

allowed inside the Court Room (subjeetta their identification by the accused) ur in J

the abs~nce of t:1e family ~n~mbe~s, o~efaculty member from JNU and one stu~lellt Ii',

from JNU, (subject to theIr IdentIficatIOn by the accused) are only to be permItted;

inside the Court Room.: · . . '. l

4. Meanwhile at about 1:40 PM, COPY'of the Order dated 17.02.2016 of this Hon'bl:,'

Court was handed over to me by co~t $t~ff A copy thereof was supplied by me to Sit!

Jatll1 Narwal, DCP, New ~elhl and Sh: SanJay Bhatla, Addl. DCP (South). ~

5. Keeping in view the prevailing laviundl)rder situation, it was decided that as accLlsedl

is to be produced before the Court of Ld. M~, B h. Lov 1 ceo, i ° Court Room No.4, so f

along with Sh. Amar Nath, Ld. D!stncr & SesslOns Judge, Patlaia House Court, Ne!

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Delhi and some other judicial officers namely Sh. Bharat Prashar, Ld. Special Judge,

CBI, Sh. Sumit Dass, Lel. CMM, Patialrr House COUlis and Sh.Amitabh Rawat, Ld.

ACJ, Patiala House Courts shall sit in Court Room No.3, i.e. in the court of Ld. ADJ,

Sh. S.S. Rathi just opposite to the Court of Sh. Lovleen, MM. The room of Ld. ADJ,

Sh. S.S. Rathi, (who had vacated the room) was made available by Ld. District &

Sessions Judge in order to ensure compliance of the orders of this Hon'ble Court.

Police officers were directed to bring all permitted persons before the undersigned in

the vacant court no.3 for their identity and also the accused.

'6: At about 2 PM, 06 lawyers namely Sh. Susheel Bajaj, Sh, Siddharth,Sharma, Sh.

Rishab Sancheti, Sh. Prabhu, Sh. Bankim KKulshrestha and Ms. Vrinda Grover came

inside vacant Court Room No.3 and after verifying their identity, I requested all of

them to leave their mobile phones in the said room only with the court staff before

entering Court Room No.4. There were two junior lawyers accompanying,them and

o upon being informed about the orders of this Hon'ble Court, they left the vacant Court

Room No.3.

7. One Sh. Himanshu, Associate Professor, JNU, who came with accused's lawyers, was

present in vacant Court Room No.3, whos(ddentity was checked by me. I further

informed him about the orders of this Hon'ble Caurt to the effect that if none of the

family members of accused Kanhaiya Kumar is available then only he will be

permitted to attend the proceedings. HI': told me that no family member of accused is

in Delhi. It was also enquired from h'iin as to whether any student from JNU, who

may intend to join the proceedings, was available or not, subject to identification by

accused. However, Sh. Himanshu stated that though a number of students are present

but none is able to enter inside.

8. put of the five journalists, who were to be permitted to be allowed inside the court,

only four namely Sh. Abhishek An:shu,PTI; Mr, Amiya Kumar Khushwaha, IANS;

Mr. Arvind Singh, ANI; Mr. SuchitraMohanty, Reuters arrived in vacant Court Room

No.1 All the four journalists present were allowed to go to Court Room No.4 alter

their identity was established.

9. At about 2:34 pm, I received a SMS 011 my mobile from mobile nO.9810019564 and

, ir'>~i;';,\H:-:i~'··~".1

/'. .

X' the seneler Introduced herself as Ms. Bhadra Sinha from HT informing that H?n'blc

Supreme Court has not restricted the entry to the court premises but Delhi Police is . ","'."

,",

restricting the journalists there. I immediately brought it to the notice of DCr Sh.

Narwal and provided him mobile number of the said reporter and after sometime he

Page 2 of 6

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Delhi and some other judicial officers namely Sh. Bharat Prashar, Ld. Special Judge,

CBI, Sh. Sumit Dass, Lel. CMM, Patialrr House COUlis and Sh.Amitabh Rawat, Ld.

ACJ, Patiala House Courts shall sit in Court Room No.3, i.e. in the court of Ld. ADJ,

Sh. S.S. Rathi just opposite to the Court of Sh. Lovleen, MM. The room of Ld. ADJ,

Sh. S.S. Rathi, (who had vacated the room) was made available by Ld. District &

Sessions Judge in order to ensure compliance of the orders of this Hon'ble Court.

Police officers were directed to bring all permitted persons before the undersigned in

the vacant court no.3 for their identity and also the accused.

'6: At about 2 PM, 06 lawyers namely Sh. Susheel Bajaj, Sh, Siddharth,Sharma, Sh.

Rishab Sancheti, Sh. Prabhu, Sh. Bankim KKulshrestha and Ms. Vrinda Grover came

inside vacant Court Room No.3 and after verifying their identity, I requested all of

them to leave their mobile phones in the said room only with the court staff before

entering Court Room No.4. There were two junior lawyers accompanying,them and

o upon being informed about the orders of this Hon'ble Court, they left the vacant Court

Room No.3.

7. One Sh. Himanshu, Associate Professor, JNU, who came with accused's lawyers, was

present in vacant Court Room No.3, whos(ddentity was checked by me. I further

informed him about the orders of this Hon'ble Caurt to the effect that if none of the

family members of accused Kanhaiya Kumar is available then only he will be

permitted to attend the proceedings. HI': told me that no family member of accused is

in Delhi. It was also enquired from h'iin as to whether any student from JNU, who

may intend to join the proceedings, was available or not, subject to identification by

accused. However, Sh. Himanshu stated that though a number of students are present

but none is able to enter inside.

8. put of the five journalists, who were to be permitted to be allowed inside the court,

only four namely Sh. Abhishek An:shu,PTI; Mr, Amiya Kumar Khushwaha, IANS;

Mr. Arvind Singh, ANI; Mr. SuchitraMohanty, Reuters arrived in vacant Court Room

No.1 All the four journalists present were allowed to go to Court Room No.4 alter

their identity was established.

9. At about 2:34 pm, I received a SMS 011 my mobile from mobile nO.9810019564 and

, ir'>~i;';,\H:-:i~'··~".1

/'. .

X' the seneler Introduced herself as Ms. Bhadra Sinha from HT informing that H?n'blc

Supreme Court has not restricted the entry to the court premises but Delhi Police is . ","'."

,",

restricting the journalists there. I immediately brought it to the notice of DCr Sh.

Narwal and provided him mobile number of the said reporter and after sometime he

Page 2 of 6

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intormed the undersigned thathe had taken the steps for their entry. I received another 1.:i

message from'Ms. Bhadra Sinha to the effect that Sh.Siddharth Luthra (Ld. Sr.' i

Advocate) informed her that all are allowed. I

10. The accused was produced at about 2:50 pm, by 10 to 12 police officers including Sh.1

Jatin Narwal DCP, New Delhiand was brought inside the vacant Court Room No.3, I·

where the undersigned was sitting along with Sh. Amar Nath, Ld. District & Sessions i

Judge, Patiala House Courts, New Delhi and some Judicial officers namely Sh. Bharat II(

Prashar, Ld. Special Judge, CBI, Sh. Sumit Dass, Ld. CMM, Patiala House Courts \

and Sh. Amitabh Rawat, Ld. ACJ, Patiala House Courts. 1 .{

11. I identified myselfto the accused and apprised him of the order of this .Hon'ble Court I ,

& began by enquiring from the accused as to his family members who may want to 1 I

attend the proceedings but he informed the undersigned that he had no family member ~

in Delhi. I arranged drinking water for the accused through staff of the judicial I officers present with me in Court Room No.3. I told the accused that as per order of j

the Han 'bIe Supreme Court one teacher· and one student could be allowed into Court:)

in the absence of family members and he also identified Sh. Himanshu to be his I'

teacher.

' : '/

~2;;JAt that time there was commotion and I noticed one person in plain clothes sitting in a 1

,:>" corner of Court Room NoJ near the window. I immediately asked the police officers .1

present as to who that said person is ~nd how he is present inside the Court Room. } 1

Since accused was dishevelled I asked him if he was assaulted & he said that he was l IJ

assaulted while he was being brought to the court. I told the police officers including ~ i

Sh . .Tatin Narwal, DCP, New Delhi present to apprehend and arrest the said person ill j l

1

plain clothes who was present in the room apprehending that he might be the person • \1

who had assaulted the accused. In the meanwhile, Ld. Counsels for the accused Ms, .. ,111

Vrincla Grover and Sh. Susheel Bajaj and other Advocates of the accused came inside ,] l

vacant Court Room No.3 from Court Room No.4. On being inquired by Ms. Vrinda ,j

Grover, the accused told her that he has been .assaulted and that there was threat to his j J

life.

1

13. Thereafter, Ms. Vrinda Grover, Advocate, enquired from Sh. Jatin Narwal, DCP, New :.11

Delhi as to who was present in Court Room No.3 in plain clothes and why he had not . I

been arrested. At that time, I also enquired from Sh. latin Narwal, DCP, New Delhi if;l I

the said person had been apprehended: However, the DCP informed me that he had j ,j

gone outside to look for the said person however, by (hen he seemed to have left. I ~._ ____ . Page30f6 'J,

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intormed the undersigned thathe had taken the steps for their entry. I received another 1.:i

message from'Ms. Bhadra Sinha to the effect that Sh.Siddharth Luthra (Ld. Sr.' i

Advocate) informed her that all are allowed. I

10. The accused was produced at about 2:50 pm, by 10 to 12 police officers including Sh.1

Jatin Narwal DCP, New Delhiand was brought inside the vacant Court Room No.3, I·

where the undersigned was sitting along with Sh. Amar Nath, Ld. District & Sessions i

Judge, Patiala House Courts, New Delhi and some Judicial officers namely Sh. Bharat II(

Prashar, Ld. Special Judge, CBI, Sh. Sumit Dass, Ld. CMM, Patiala House Courts \

and Sh. Amitabh Rawat, Ld. ACJ, Patiala House Courts. 1 .{

11. I identified myselfto the accused and apprised him of the order of this .Hon'ble Court I ,

& began by enquiring from the accused as to his family members who may want to 1 I

attend the proceedings but he informed the undersigned that he had no family member ~

in Delhi. I arranged drinking water for the accused through staff of the judicial I officers present with me in Court Room No.3. I told the accused that as per order of j

the Han 'bIe Supreme Court one teacher· and one student could be allowed into Court:)

in the absence of family members and he also identified Sh. Himanshu to be his I'

teacher.

' : '/

~2;;JAt that time there was commotion and I noticed one person in plain clothes sitting in a 1

,:>" corner of Court Room NoJ near the window. I immediately asked the police officers .1

present as to who that said person is ~nd how he is present inside the Court Room. } 1

Since accused was dishevelled I asked him if he was assaulted & he said that he was l IJ

assaulted while he was being brought to the court. I told the police officers including ~ i

Sh . .Tatin Narwal, DCP, New Delhi present to apprehend and arrest the said person ill j l

1

plain clothes who was present in the room apprehending that he might be the person • \1

who had assaulted the accused. In the meanwhile, Ld. Counsels for the accused Ms, .. ,111

Vrincla Grover and Sh. Susheel Bajaj and other Advocates of the accused came inside ,] l

vacant Court Room No.3 from Court Room No.4. On being inquired by Ms. Vrinda ,j

Grover, the accused told her that he has been .assaulted and that there was threat to his j J

life.

1

13. Thereafter, Ms. Vrinda Grover, Advocate, enquired from Sh. Jatin Narwal, DCP, New :.11

Delhi as to who was present in Court Room No.3 in plain clothes and why he had not . I

been arrested. At that time, I also enquired from Sh. latin Narwal, DCP, New Delhi if;l I

the said person had been apprehended: However, the DCP informed me that he had j ,j

gone outside to look for the said person however, by (hen he seemed to have left. I ~._ ____ . Page30f6 'J,

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I 14. At that time Ms. Vrinda Grover, Advocate requested that she be provided her mobile

phone as she intends to inform her colleagues in Hon'ble Supreme Court of India.

Accordingly, her mobile phone was made available to her and she made some calls

and again re-deposited her mobile instrument with the staff of the court. Ms. Vrinda

Grover thereaHer stated that statement of the accused be recorded and MLC be' got

prepared and he be also provided with a paper and pen to write the entire incident.

Accordingly, accused Kanhaiya Kumar was made available blank paper and pen so

that he may put in writing whatever he has to state. In the meantime, t~ey stated that

they will get entire incident recorded in judicial proceedings before Sh.: Lovleen, Ld.

MM. Thereafter, accused was taken to Court Room No.4 with all the Defence

Counsels and Associate Professor Sh. Himanshu &.judicial proceedings commenced

around 3 PM and continued for some time.

15. During that time I along with other Judicial Officers kept sitting in vacant Court

Room No.3 and for security reasons the door of the Court Room No.4 was kept I

closed. At that time, judicial officers informed the undersigned that there was one

more unidentified person present in vacant Court Room No.3 who had left.

16. At about 3:30 PM, after conclusion of the proceedipgs, I along with other officers

present was informed that the Court of Ld. MM has remanded the accused to judicial

custody till 02.03.2016 and at the request of accused and his counsels, the concerned

court had directed the medical examination of the accused to be conducted in the

I

court itself as owing to the large crowd, it was 110t feasible to take the accused outside

to the Patiala I-louse Court dispensary for medical examination. The police officers

present stated that they will arrange some doctor from RML hospital since the

dispensary in Patiala I-louse Courts was closed.

17. Subsequently, a team of senior advocates namely Sh. Kapil Sibal, Sh. Dushyant Dave,

Sh. Rajeev Dhawan, Sh. Ajit Sinha and Sh. Harin Rawal with Sh. A.D.N. Rao,

Advocate from Hon'ble Supreme Court of India came in a security cordon and went

straightaway to the court of Ld. MM Sh. Lovleen i.e. Court Room No.4.

18. Shortly before their arrival, I had received a call from mobile no. 97i 7394800 of the

I

Registrar Sh. Manish Aggarwal, Hon'ble High Court of Delhi on my mobile phone

that a Committee of senior Lawyers has ~e~n deputed by the Hon'ble Supreme Court

of India to visit, assess and report the ground situation.

19. After visiting the concerned Court Room of Sh. Lovleen, Ld. MM (Court Room

No.4), the team of Senior Advocates came to the vac.ant Court Rooni No.3 where the

Page 4.of 6

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I 14. At that time Ms. Vrinda Grover, Advocate requested that she be provided her mobile

phone as she intends to inform her colleagues in Hon'ble Supreme Court of India.

Accordingly, her mobile phone was made available to her and she made some calls

and again re-deposited her mobile instrument with the staff of the court. Ms. Vrinda

Grover thereaHer stated that statement of the accused be recorded and MLC be' got

prepared and he be also provided with a paper and pen to write the entire incident.

Accordingly, accused Kanhaiya Kumar was made available blank paper and pen so

that he may put in writing whatever he has to state. In the meantime, t~ey stated that

they will get entire incident recorded in judicial proceedings before Sh.: Lovleen, Ld.

MM. Thereafter, accused was taken to Court Room No.4 with all the Defence

Counsels and Associate Professor Sh. Himanshu &.judicial proceedings commenced

around 3 PM and continued for some time.

15. During that time I along with other Judicial Officers kept sitting in vacant Court

Room No.3 and for security reasons the door of the Court Room No.4 was kept I

closed. At that time, judicial officers informed the undersigned that there was one

more unidentified person present in vacant Court Room No.3 who had left.

16. At about 3:30 PM, after conclusion of the proceedipgs, I along with other officers

present was informed that the Court of Ld. MM has remanded the accused to judicial

custody till 02.03.2016 and at the request of accused and his counsels, the concerned

court had directed the medical examination of the accused to be conducted in the

I

court itself as owing to the large crowd, it was 110t feasible to take the accused outside

to the Patiala I-louse Court dispensary for medical examination. The police officers

present stated that they will arrange some doctor from RML hospital since the

dispensary in Patiala I-louse Courts was closed.

17. Subsequently, a team of senior advocates namely Sh. Kapil Sibal, Sh. Dushyant Dave,

Sh. Rajeev Dhawan, Sh. Ajit Sinha and Sh. Harin Rawal with Sh. A.D.N. Rao,

Advocate from Hon'ble Supreme Court of India came in a security cordon and went

straightaway to the court of Ld. MM Sh. Lovleen i.e. Court Room No.4.

18. Shortly before their arrival, I had received a call from mobile no. 97i 7394800 of the

I

Registrar Sh. Manish Aggarwal, Hon'ble High Court of Delhi on my mobile phone

that a Committee of senior Lawyers has ~e~n deputed by the Hon'ble Supreme Court

of India to visit, assess and report the ground situation.

19. After visiting the concerned Court Room of Sh. Lovleen, Ld. MM (Court Room

No.4), the team of Senior Advocates came to the vac.ant Court Rooni No.3 where the

Page 4.of 6

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undersigned along with Sh. Amar Nath, Ld. District & Sessions Judge & other

Judicial Officers were present and they enquired from us as to what had transpired

and the same \vas videographed by Sh Harin Raval, Sh. Advocate on his mobile

phone. On their query I told them that the accused had not been assaulted in our

presence.

20. After the said team of senior advocates left the complex, one doctor 6r."Sanjay from

RML Hospital was brought by the police officers for conducting medical examination

of accused Kanhaiya Kumar.

21. The medical examination of accused, as directed by Sh. Lovleen, Ld. MM, was

conducted in the Court Room No.4 as the Ld. MM had already retired to his chamber.

During the course of medical examination the Ld. Defence Counsels came back to

vacant Court Room No.3 and all the police officers were asked to remain outside the

Court Room. Sometime later, Ld. Defence Counsel Ms. Vrinda Grover and Sh.

Himanshu came to Court Room No.4. After conducting the proceedings the doctor

stated that as accused Kanhaiya Kumar is complaining of pain in chest and so X- ray

needs to be conducted which is possible only at the hospital.

22. It was at this stage, Lel. Defence Counsel Ms. Vrinda Grover came to Room No.3 and

informed me that the doctor is not recording the complete history of assault as is

being told by accused Kanhaiya Kumar.

23. The undersigned suggested Dr. Sal~ay to record whatever is being stated by accused

Kanhaiya Kumar but the doctor stated that as he has come to Patiala House Courts

Complex for carrying out medical examination and he had recorded necessary

information and if any further history of assault is to be recorded then accused should

be taken for medical examination at the hospital' where MLC will be prepared. At this,

Lel. Counsel Ms. Vrinda Grover stated that she will rather mention the said facts to the

concerned cOUli of Sh. Lovleen, Ld. MM. On hearing commotion, Ld. MM came in

the Dais and we left Court No.4 of the Ld. MM and came back to vacant Court Room

No.3.

24. The aforesaid proceedings were over by about 5:10PM, at which point Sh. Jatin

Narwai, DCP, New Delhi and other police officers present informed us that now they

will take accused to Tihar Jail and on the way they will get his X-ray conducted. At

that stage, Le!. Defence Counsels for accused Kanliaiya Kumar stated that they be also

provided necessary security along with Sh. Himanshu, Assistant Professor, JNU lest

they may be hanned. Accordingly, Sh. Jatin Narwal, DCP, New Delhi and Sh.

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undersigned along with Sh. Amar Nath, Ld. District & Sessions Judge & other

Judicial Officers were present and they enquired from us as to what had transpired

and the same \vas videographed by Sh Harin Raval, Sh. Advocate on his mobile

phone. On their query I told them that the accused had not been assaulted in our

presence.

20. After the said team of senior advocates left the complex, one doctor 6r."Sanjay from

RML Hospital was brought by the police officers for conducting medical examination

of accused Kanhaiya Kumar.

21. The medical examination of accused, as directed by Sh. Lovleen, Ld. MM, was

conducted in the Court Room No.4 as the Ld. MM had already retired to his chamber.

During the course of medical examination the Ld. Defence Counsels came back to

vacant Court Room No.3 and all the police officers were asked to remain outside the

Court Room. Sometime later, Ld. Defence Counsel Ms. Vrinda Grover and Sh.

Himanshu came to Court Room No.4. After conducting the proceedings the doctor

stated that as accused Kanhaiya Kumar is complaining of pain in chest and so X- ray

needs to be conducted which is possible only at the hospital.

22. It was at this stage, Lel. Defence Counsel Ms. Vrinda Grover came to Room No.3 and

informed me that the doctor is not recording the complete history of assault as is

being told by accused Kanhaiya Kumar.

23. The undersigned suggested Dr. Sal~ay to record whatever is being stated by accused

Kanhaiya Kumar but the doctor stated that as he has come to Patiala House Courts

Complex for carrying out medical examination and he had recorded necessary

information and if any further history of assault is to be recorded then accused should

be taken for medical examination at the hospital' where MLC will be prepared. At this,

Lel. Counsel Ms. Vrinda Grover stated that she will rather mention the said facts to the

concerned cOUli of Sh. Lovleen, Ld. MM. On hearing commotion, Ld. MM came in

the Dais and we left Court No.4 of the Ld. MM and came back to vacant Court Room

No.3.

24. The aforesaid proceedings were over by about 5:10PM, at which point Sh. Jatin

Narwai, DCP, New Delhi and other police officers present informed us that now they

will take accused to Tihar Jail and on the way they will get his X-ray conducted. At

that stage, Le!. Defence Counsels for accused Kanliaiya Kumar stated that they be also

provided necessary security along with Sh. Himanshu, Assistant Professor, JNU lest

they may be hanned. Accordingly, Sh. Jatin Narwal, DCP, New Delhi and Sh.

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Mukesh Kumar Meena, Joint Commissioner of Police were directed to make

necessary arrangements for their safe escort.

25. The accused Kanhaiya Kumar was taken outside the Comi Room in my presence and .

,

kept in the rear portion of the covered gallery inside the building at a distance of about

15' from the door. of the Court Room No. 4 and the police officers present there

informed me that they were determining how to ensure his safe escort from the Court

Complex. Thereafter, accused was taken out from the Patiala House Court Complex at

about 7 pm and then within about 10 minutes the Ld. Defence Counsels and Sh.

Himanshu were also escolied safely out of the court premises as informed by thel ,i

police officers. ~

26. The report submitted by Ld. MM to the Ld. District & Session Judge, Patiala House j

Courts, Nevi Delhi dated 17.02.2016 along with copy of order sheet dated 17.02.2016 r? '1 :~

are also enclosed for kind perusal of this Han 'ble Court.!

Subi11itt~d please,

Dated: 17.02.2016

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Vinod Goel ,i

Registrar General;1

High Court of Delhi J

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Mukesh Kumar Meena, Joint Commissioner of Police were directed to make

necessary arrangements for their safe escort.

25. The accused Kanhaiya Kumar was taken outside the Comi Room in my presence and .

,

kept in the rear portion of the covered gallery inside the building at a distance of about

15' from the door. of the Court Room No. 4 and the police officers present there

informed me that they were determining how to ensure his safe escort from the Court

Complex. Thereafter, accused was taken out from the Patiala House Court Complex at

about 7 pm and then within about 10 minutes the Ld. Defence Counsels and Sh.

Himanshu were also escolied safely out of the court premises as informed by thel ,i

police officers. ~

26. The report submitted by Ld. MM to the Ld. District & Session Judge, Patiala House j

Courts, Nevi Delhi dated 17.02.2016 along with copy of order sheet dated 17.02.2016 r? '1 :~

are also enclosed for kind perusal of this Han 'ble Court.!

Subi11itt~d please,

Dated: 17.02.2016

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Vinod Goel ,i

Registrar General;1

High Court of Delhi J

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F~ I ~ , //' Dated: 17-02-2016

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( The Learned District & Sessions Judge, r~ew Delhi District, Patiala House Courts, New Delhi.

Sub. Report regarding the proceedings dated 17-02-2016 in FIR No. Jl0116 PS Vasant Kunj North u/s 124A/120-B/34 IPC (JNU case).

Respected Sir,

It is humbly submitted that the above said matter was taken up at

amund 3.00 p.m., after having been produced the accused Kanhaiya Kumar in

the court of undersigned. The accused Kanhaiya Kumar was represented by all

six counsel whose names were mentioned in the order passed by Hon'ble

Supreme Court of India today itself. Authorized media persons were also

present there. The investigating agency sought judicial custody of the accused

I<anhaiya Kumar for 14 days, After hearing both toe sides,the accused . '"

Kanhaiya Kumar was remanded to judicial custody till 02-03-2016.

The accused Kanhaiya Kumar stated .in the court that he was assaulted

while being produced in the court of the undersigned, Accordingly, at his o'wn

I"equest, a hand statement of Kanhaiya Kumar was taken on record, A copy of

the same was supplied to the DCP, New Delhi District for information, Ld,

Counsel for the accused I"equested that the accused Kanhaiya Kumar be got

IT1edicaily examined. Prayer was allowed and necessary directions were given.

5illce thel"e were apprehensions about the safety of the accused Kanhaiya

Kumar, directions were made to DCP, New Delhi District to ensure that the v

accused be safely transferred to judlcial custody. Proceedings were concluded,

Report is submitted please. A copy of order. sheet dated 17-02-2016 is

also annexed herewith for your kind perusal.

Thanking you. i I .

Yqurs faJ,thfully,

rf..... /V~,~ I / "'--,/ v (LOVLEEN)

MM-02/PHC, NOD 17 -02-2016

, :J

F~ I ~ , //' Dated: 17-02-2016

/

( The Learned District & Sessions Judge, r~ew Delhi District, Patiala House Courts, New Delhi.

Sub. Report regarding the proceedings dated 17-02-2016 in FIR No. Jl0116 PS Vasant Kunj North u/s 124A/120-B/34 IPC (JNU case).

Respected Sir,

It is humbly submitted that the above said matter was taken up at

amund 3.00 p.m., after having been produced the accused Kanhaiya Kumar in

the court of undersigned. The accused Kanhaiya Kumar was represented by all

six counsel whose names were mentioned in the order passed by Hon'ble

Supreme Court of India today itself. Authorized media persons were also

present there. The investigating agency sought judicial custody of the accused

I<anhaiya Kumar for 14 days, After hearing both toe sides,the accused . '"

Kanhaiya Kumar was remanded to judicial custody till 02-03-2016.

The accused Kanhaiya Kumar stated .in the court that he was assaulted

while being produced in the court of the undersigned, Accordingly, at his o'wn

I"equest, a hand statement of Kanhaiya Kumar was taken on record, A copy of

the same was supplied to the DCP, New Delhi District for information, Ld,

Counsel for the accused I"equested that the accused Kanhaiya Kumar be got

IT1edicaily examined. Prayer was allowed and necessary directions were given.

5illce thel"e were apprehensions about the safety of the accused Kanhaiya

Kumar, directions were made to DCP, New Delhi District to ensure that the v

accused be safely transferred to judlcial custody. Proceedings were concluded,

Report is submitted please. A copy of order. sheet dated 17-02-2016 is

also annexed herewith for your kind perusal.

Thanking you. i I .

Yqurs faJ,thfully,

rf..... /V~,~ I / "'--,/ v (LOVLEEN)

MM-02/PHC, NOD 17 -02-2016

, :J

FIR No. 110/16 PS Vasant Kunj North u/s 124A/120-B/34 IPC 17-02-2016

This is an application moved by Inspector Prabh~ Dayal

seeking 14 days JC remand of the accused Kanhaiya Kumar.

Present: Sh. Vikas Goswami, Ld. Substitute APP for State. 10/ Inspector Prabhu Dayal in person. Accused Kanhaiya Kumar produced from police custody and represented by Mr. Sushll Baja], Adv., Mr. Siddharth Sharma, Adv., Mr. Rishabh Sancheti, Adv" Mr. Prabhu,. Adv., Mr. Bankim, Adv. 'and Ms. Vrinda Grover, Adv .. Sil. Jatin Narwal, DCP, New Delhi District is also present.

A reply has been filed by 10 to'the application moved. on

behalf of accused u/s 91 Cr.P.C; At request bf Ld. Counsel for

accused, the said application shall be taken up for disposal on the

next da~e of hearing.

In view of the averments made in the present

application, the accused Kanhalya Kumar is remanded to judicial

custody till 02-03-2016,

At this stage, an application has been moved by accused

Kanhaiya Kum'ar seeking protection of his li~e and limb.'

Keeping in view the hostile conditions prevalent outside

the court room (as is evident from the sloganeering available inside

the court room and as also submitted by Ld. Counsel Ms. Vrinda

Grover, Adv.) and the statement given in writing by the accused

today in the court (regarding an alleged assault committed against

him just before this hearing), it is directed that DCP concerned shall

personally ensure the safety of the accused' Kanhaiya Kumar till his

transportation to the jail premises. The Jail Superintendent

concerned shall also take necessary steps in order to prevent any

harm to the life or person of the accused Kanhaiya Kumar.

Compliance report be filed by DCP concerned as well as Jail

Superintendent concerned before this court on 18-02-2016. Since

contd ..... ".2.

\\~ FIR No. 110/16 PS Vasant Kunj North u/s 124A/120-B/34 IPC 17-02-2016

This is an application moved by Inspector Prabh~ Dayal

seeking 14 days JC remand of the accused Kanhaiya Kumar.

Present: Sh. Vikas Goswami, Ld. Substitute APP for State. 10/ Inspector Prabhu Dayal in person. Accused Kanhaiya Kumar produced from police custody and represented by Mr. Sushll Baja], Adv., Mr. Siddharth Sharma, Adv., Mr. Rishabh Sancheti, Adv" Mr. Prabhu,. Adv., Mr. Bankim, Adv. 'and Ms. Vrinda Grover, Adv .. Sil. Jatin Narwal, DCP, New Delhi District is also present.

A reply has been filed by 10 to'the application moved. on

behalf of accused u/s 91 Cr.P.C; At request bf Ld. Counsel for

accused, the said application shall be taken up for disposal on the

next da~e of hearing.

In view of the averments made in the present

application, the accused Kanhalya Kumar is remanded to judicial

custody till 02-03-2016,

At this stage, an application has been moved by accused

Kanhaiya Kum'ar seeking protection of his li~e and limb.'

Keeping in view the hostile conditions prevalent outside

the court room (as is evident from the sloganeering available inside

the court room and as also submitted by Ld. Counsel Ms. Vrinda

Grover, Adv.) and the statement given in writing by the accused

today in the court (regarding an alleged assault committed against

him just before this hearing), it is directed that DCP concerned shall

personally ensure the safety of the accused' Kanhaiya Kumar till his

transportation to the jail premises. The Jail Superintendent

concerned shall also take necessary steps in order to prevent any

harm to the life or person of the accused Kanhaiya Kumar.

Compliance report be filed by DCP concerned as well as Jail

Superintendent concerned before this court on 18-02-2016. Since

contd ..... ".2.

\\~

FIR No. 110/16 PS Vasant Kunj North u/s 124A/120-B/34 IPe 17 -02-2016

2

the accused Kanhaiya I(umar has alleged that he was assaulted

outside the court room, it is directed that accused Kanhaiya Kumar

be medically examined before being taken to Tihar Jail. In view of

the apprehension of the injury to the person of the accused

Kanhaiya Kumar, it is directed that accused be medically examined

in .the court room itself.

Application stands disposed of.

Ld, Counsel for accused Ms. Vrinda Grover now submits

that DCP Jatin Narwal may not be entrusted with the task of transfer

of accused to jail premises as he has failed to ensure the safety of

accused before being produced in this court despite the categorical

directions of the Hon'ble Apex Court. I have considered the said

submissions. No other Senior Police Official is available in the court

room right now. Accordingly, it is directed that OCP Jatin Narwal shall

take all appropriate steps in order to comply w'ith the above

directions IIlade by this COUI't.

Copy dasti to Ld. Counsel for accused as also OCP Jatin

Narwal, A copy of the statement made in writing by the accused

Kanhaiya Kumar today be also supplied to the OCP Jatin Narwal for

information,

Copy of this order be also annexed with' the· custody

warrants for compliance by Jail Superintendent 'concerned.

(LOVLEEN) MM-02/PHC, New Delhi

17-02-2016

FIR No. 110/16 PS Vasant Kunj North u/s 124A/120-B/34 IPe 17 -02-2016

2

the accused Kanhaiya I(umar has alleged that he was assaulted

outside the court room, it is directed that accused Kanhaiya Kumar

be medically examined before being taken to Tihar Jail. In view of

the apprehension of the injury to the person of the accused

Kanhaiya Kumar, it is directed that accused be medically examined

in .the court room itself.

Application stands disposed of.

Ld, Counsel for accused Ms. Vrinda Grover now submits

that DCP Jatin Narwal may not be entrusted with the task of transfer

of accused to jail premises as he has failed to ensure the safety of

accused before being produced in this court despite the categorical

directions of the Hon'ble Apex Court. I have considered the said

submissions. No other Senior Police Official is available in the court

room right now. Accordingly, it is directed that OCP Jatin Narwal shall

take all appropriate steps in order to comply w'ith the above

directions IIlade by this COUI't.

Copy dasti to Ld. Counsel for accused as also OCP Jatin

Narwal, A copy of the statement made in writing by the accused

Kanhaiya Kumar today be also supplied to the OCP Jatin Narwal for

information,

Copy of this order be also annexed with' the· custody

warrants for compliance by Jail Superintendent 'concerned.

(LOVLEEN) MM-02/PHC, New Delhi

17-02-2016

, ~\ AtNNEXURbr- Pc;

Incident Report dated 1,7.02.2016,

We reached Patiala House court around 3:10PM and entered Court no 4. We

wel"e informed that Kanhaiya Kumar was abused, heckled, manhandled while

he was brought to the Court by the Lawyers. In any case we also witnessed

slogan shouting and abusive languages being used about 10 meters away

I from the Court room,

Inside Court NO.4 the accused, their lawyers, some faculty members, Police

Personnel and Court staffs were' present. In Court NO.5 which is adjacent to

Court No.4, the Ld. Registrar General of the High Court and other members

from the Delhi High Court Registry were present.

I was also informed by the Ld. Registrar General that 1 or 2 persons also

entered unauthorisedly in Court NO.5 and upon being questioned they fled

away in the melee. However both the Ld. Registrar General and the Police

personnel denied that the two unauthorized person entered court noA and or

manhandled the accused.

The team of visiting lawyers who went on the directions of the Hon'ble

Supreme Court while returning also received verba! abuses and some Illud

and pieces of broken pot were also hurled from a distance.

The accused along with their lawyers and some faculty members were waiting

in Court noA for medical examination as the doctor was called. The visiting

team left around 4:00pm

Date,: 19.02.2016 New Delhi

"~/ (Ajit Ku~ Sinha) Sr. Advocate

, ~\ AtNNEXURbr- Pc;

Incident Report dated 1,7.02.2016,

We reached Patiala House court around 3:10PM and entered Court no 4. We

wel"e informed that Kanhaiya Kumar was abused, heckled, manhandled while

he was brought to the Court by the Lawyers. In any case we also witnessed

slogan shouting and abusive languages being used about 10 meters away

I from the Court room,

Inside Court NO.4 the accused, their lawyers, some faculty members, Police

Personnel and Court staffs were' present. In Court NO.5 which is adjacent to

Court No.4, the Ld. Registrar General of the High Court and other members

from the Delhi High Court Registry were present.

I was also informed by the Ld. Registrar General that 1 or 2 persons also

entered unauthorisedly in Court NO.5 and upon being questioned they fled

away in the melee. However both the Ld. Registrar General and the Police

personnel denied that the two unauthorized person entered court noA and or

manhandled the accused.

The team of visiting lawyers who went on the directions of the Hon'ble

Supreme Court while returning also received verba! abuses and some Illud

and pieces of broken pot were also hurled from a distance.

The accused along with their lawyers and some faculty members were waiting

in Court noA for medical examination as the doctor was called. The visiting

team left around 4:00pm

Date,: 19.02.2016 New Delhi

"~/ (Ajit Ku~ Sinha) Sr. Advocate

fA 1'1"-1 fJ<iUl<fr PI D INCIDENT REPORT DATED 17/02/016 \ ~ 4

Vide FIR No. 1l0/16, u/s 124A/120B/34 IPC, dated 11.02.2016, PS

Vasant Kunj North, South District, Delhi, the accused Kanhaiya Kumar,

President of JNU Student Union was to be produced' on 17.02.2016 at

Patiala House Court NO.4 of Sh. Loveleen Singh, Ld MM, Patiala House

Courts after 2 days of PC remand. In view of the incident that occurred on

15.02.2016 in Patiala House Courts complex wherein few groups of lawyers

had suddenly indulged in incidents of violence, elaborate police

arrangements were made in and around the Court complex. A total of 04

cays (275 approx. including male & female stafD of CRPF under 03 Assistant

Commandant and 03 Inspectors, 01 cays (70 approx. male stafD of ITBP

under 01 Assistant Commandant and 01 Inspector, 03 coys & 02PL (Total

265 approx.) of CP reserve, Delhi Police were deployed. In addition to this 15

Inspector and 06 ACsP and approximately 150 police personnel from New

Delhi District were deployed under the overall supervision of the DCP New

Delhi District. Besides, 02 ACsP, 04 Inspectors and approx. 90 ot,her police

personnel under the supervision of Add!. DCP South District were

prepositioned to augment the existing arrangements made by New Delhi

District at the Patiala House Court.

2. On 17.02.2016 in morning, it was planned to produce the accused

Kanhaiya at about 5:00 PM before the Ld, MM at PaHala House due to the

prevailing law and order situation at the Court premises as well as for the

personal safety of the accused. However, in the meantime, the order of

Hon'ble Supreme Court of India was conveyed through the Ld. District

Judge, Patiala House Court to produce Kanhaiya in the Court of Ld. MM at

2:00 PM. Immediately, a posse of police personnel comprising of 40 police

personnel including an ACP and 15 plain clothes policemen escorted him

from PS Vasant Kunj North to Patiala House Court in a carcade consisting of

six vehicles to ensure the safety and personal security of the accused not

only on the way to the Court but also while being produced in the Court.

The plain cloth deployment was done so that they could act and react non

suspectingly and effectively while merging with the general background of

~he crowd. Some of the components of police personnel accompanying the

1

(MuD~N~1gen8\ Joint Commissioner of Pol:

New Delhi Range, Deiili.

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fA 1'1"-1 fJ<iUl<fr PI D INCIDENT REPORT DATED 17/02/016 \ ~ 4

Vide FIR No. 1l0/16, u/s 124A/120B/34 IPC, dated 11.02.2016, PS

Vasant Kunj North, South District, Delhi, the accused Kanhaiya Kumar,

President of JNU Student Union was to be produced' on 17.02.2016 at

Patiala House Court NO.4 of Sh. Loveleen Singh, Ld MM, Patiala House

Courts after 2 days of PC remand. In view of the incident that occurred on

15.02.2016 in Patiala House Courts complex wherein few groups of lawyers

had suddenly indulged in incidents of violence, elaborate police

arrangements were made in and around the Court complex. A total of 04

cays (275 approx. including male & female stafD of CRPF under 03 Assistant

Commandant and 03 Inspectors, 01 cays (70 approx. male stafD of ITBP

under 01 Assistant Commandant and 01 Inspector, 03 coys & 02PL (Total

265 approx.) of CP reserve, Delhi Police were deployed. In addition to this 15

Inspector and 06 ACsP and approximately 150 police personnel from New

Delhi District were deployed under the overall supervision of the DCP New

Delhi District. Besides, 02 ACsP, 04 Inspectors and approx. 90 ot,her police

personnel under the supervision of Add!. DCP South District were

prepositioned to augment the existing arrangements made by New Delhi

District at the Patiala House Court.

2. On 17.02.2016 in morning, it was planned to produce the accused

Kanhaiya at about 5:00 PM before the Ld, MM at PaHala House due to the

prevailing law and order situation at the Court premises as well as for the

personal safety of the accused. However, in the meantime, the order of

Hon'ble Supreme Court of India was conveyed through the Ld. District

Judge, Patiala House Court to produce Kanhaiya in the Court of Ld. MM at

2:00 PM. Immediately, a posse of police personnel comprising of 40 police

personnel including an ACP and 15 plain clothes policemen escorted him

from PS Vasant Kunj North to Patiala House Court in a carcade consisting of

six vehicles to ensure the safety and personal security of the accused not

only on the way to the Court but also while being produced in the Court.

The plain cloth deployment was done so that they could act and react non

suspectingly and effectively while merging with the general background of

~he crowd. Some of the components of police personnel accompanying the

1

(MuD~N~1gen8\ Joint Commissioner of Pol:

New Delhi Range, Deiili.

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/ accused also carried body protectors and the shields todeal with any kind of

eventuality,

3, While the accused was being escorted, in'formation was received to

halt the carcade for a while as some arrangements in the Court were being

made by the Registrar General of Honble High Court of Delhi as per the

. directions of Hon 'ble Supreme Court of India. The can~ade halted at C~

Hexagon for few minutes. The escorting party alongwith the accused after a

while on getting a go ahead from the Court moved towards the Court and

sensing the law and order situation in and around the Court premises, the

·police personnel escorting him in plain clothes formed a close inner ring

which was further augmented by an outer ring consisting of uniformed

police personnel to ensure safety and security of the·accused.

4. The accused Kanhaiya Kumar was brought by a team of Police officers

from South District and with the assistance of New Delhi District police was

escorted inside the Court Complex through the shortest possible route, A

group of lawyers which had already assembled inside the CQurt complex in.:",.

various such groups emerged and tried to assault the accused from differ~nt

--~~--~--~~~--~~~~~

si~ The ring round team & the police men deployed on the route

surrounded him from all sides and gave body protection and thwarted

I repeated attempts to manhandle the accused. Lot of commotion followed but

he was escorted safely to the Court Room by the policemen despite some

hiccups. Later, the accused Kanhaiya Kumar alleged that he was attacked

by lawyers and a group of goons and bashed him up, tore his clothes and

--~---'.

~

abused him and damaged his slippers and jacket, and plucked his hair. This

happened in the presence of police. The policemen were also beaten up

during this period. The accused submitted a written application alleging as

abo;.After the Court proceedings, t~e accused was medically examined ~n

the Court Room itself by the doctor of RML Hospital and the MLC was

prepared in the court itself. The MLC reflects examination c/o chest pain

and cough indicating BP 110/70, pulse 92/minute, CNS-conscious oriented

sitting comfortably on chair, normal vasicular breath, P / A - soft non tender.

The local examination indicates tenderness at right toe, two abrasions at left

foot and one abrasion at nose which might have occurred while bringing him

and outside the court. The MLC clearly shows that he had minor abrasions

2

'.

'oil •• , .••

/ accused also carried body protectors and the shields todeal with any kind of

eventuality,

3, While the accused was being escorted, in'formation was received to

halt the carcade for a while as some arrangements in the Court were being

made by the Registrar General of Honble High Court of Delhi as per the

. directions of Hon 'ble Supreme Court of India. The can~ade halted at C~

Hexagon for few minutes. The escorting party alongwith the accused after a

while on getting a go ahead from the Court moved towards the Court and

sensing the law and order situation in and around the Court premises, the

·police personnel escorting him in plain clothes formed a close inner ring

which was further augmented by an outer ring consisting of uniformed

police personnel to ensure safety and security of the·accused.

4. The accused Kanhaiya Kumar was brought by a team of Police officers

from South District and with the assistance of New Delhi District police was

escorted inside the Court Complex through the shortest possible route, A

group of lawyers which had already assembled inside the CQurt complex in.:",.

various such groups emerged and tried to assault the accused from differ~nt

--~~--~--~~~--~~~~~

si~ The ring round team & the police men deployed on the route

surrounded him from all sides and gave body protection and thwarted

I repeated attempts to manhandle the accused. Lot of commotion followed but

he was escorted safely to the Court Room by the policemen despite some

hiccups. Later, the accused Kanhaiya Kumar alleged that he was attacked

by lawyers and a group of goons and bashed him up, tore his clothes and

--~---'.

~

abused him and damaged his slippers and jacket, and plucked his hair. This

happened in the presence of police. The policemen were also beaten up

during this period. The accused submitted a written application alleging as

abo;.After the Court proceedings, t~e accused was medically examined ~n

the Court Room itself by the doctor of RML Hospital and the MLC was

prepared in the court itself. The MLC reflects examination c/o chest pain

and cough indicating BP 110/70, pulse 92/minute, CNS-conscious oriented

sitting comfortably on chair, normal vasicular breath, P / A - soft non tender.

The local examination indicates tenderness at right toe, two abrasions at left

foot and one abrasion at nose which might have occurred while bringing him

and outside the court. The MLC clearly shows that he had minor abrasions

2

'.

/ / \~~J /' 'n foot and toe and on the nose. It was~so_ found that one of the lawyers of ~

t~ccused was trying to dictate and influence the doctor. ~

that policemen have thrown a protective ring, surrounding and escorting

him to the chamber of Ld MM. It is also a fact that in the commotion;' he

tripped and his slippers slipped out of his foot leading to his imbalance

which might have resulted in the abrasions on his foot. .

6. While Kanhaiya Kumar was being brought to the Court No.4 from the

alighting point escorted by the Police Team (both in plain-clothes and in

uniform), some .other people taking advantage of the prevailing confusion

and commotion merged with the escort party to court No.4. The DCP New

Delhi District prevented everybody from entering the court No. 4 and

directed that people entering the court no. 4 have to be identified as per the

Hon)ble Supreme Court order. Then Kanhaiya Kumar along with the escort

party entered Court No.5 for identification by Hon'ble Registrar General.

Immediately the lawyers of Kanhaiya Kumar ran from court No. 4 to Court

No.5 and the whole court room was full of people resulting in momentary

confusion. ~hy Registrar General, court officials and lawyers as well as

the faculty member of JNU were enquiring about the well being of Kanhaiya

Kumar. Meanwhile, all those unidentified people including police personnel

in plain clothes were directed to move out to de-congest and bring order in

the court room No. 5 so that w~ Registrar General could ensure

certification of the people who were permitted to enter the trial court room

No.4. The DCP New Delhi District personally stood at door of Court Room

No.4 to ensure that no uncertified person entered the trial court room. The

small gallery between court room No.4 and 5 was got de-congested so that

no uncertified person (may he be a journalist, lawyer, member of the public ,

or even a policeman) entered court No.4 and so that Ld. Court officials and

Kanhaiya Kumar can enter court No. 4 without any problem. In the

meantime, Kanhaiya Kumar tolq Hon'ble Registrar General that he had seen

some persons who had attacked him entering the same chamber where he

was present. Hon'ble Registrar General and the lawyers of Kanhaiya Kumar

alerted the police and the police officials present inside court No.5 and the

gallery immediately started searching for the two persons about whom the

3

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t~ccused was trying to dictate and influence the doctor. ~

that policemen have thrown a protective ring, surrounding and escorting

him to the chamber of Ld MM. It is also a fact that in the commotion;' he

tripped and his slippers slipped out of his foot leading to his imbalance

which might have resulted in the abrasions on his foot. .

6. While Kanhaiya Kumar was being brought to the Court No.4 from the

alighting point escorted by the Police Team (both in plain-clothes and in

uniform), some .other people taking advantage of the prevailing confusion

and commotion merged with the escort party to court No.4. The DCP New

Delhi District prevented everybody from entering the court No. 4 and

directed that people entering the court no. 4 have to be identified as per the

Hon)ble Supreme Court order. Then Kanhaiya Kumar along with the escort

party entered Court No.5 for identification by Hon'ble Registrar General.

Immediately the lawyers of Kanhaiya Kumar ran from court No. 4 to Court

No.5 and the whole court room was full of people resulting in momentary

confusion. ~hy Registrar General, court officials and lawyers as well as

the faculty member of JNU were enquiring about the well being of Kanhaiya

Kumar. Meanwhile, all those unidentified people including police personnel

in plain clothes were directed to move out to de-congest and bring order in

the court room No. 5 so that w~ Registrar General could ensure

certification of the people who were permitted to enter the trial court room

No.4. The DCP New Delhi District personally stood at door of Court Room

No.4 to ensure that no uncertified person entered the trial court room. The

small gallery between court room No.4 and 5 was got de-congested so that

no uncertified person (may he be a journalist, lawyer, member of the public ,

or even a policeman) entered court No.4 and so that Ld. Court officials and

Kanhaiya Kumar can enter court No. 4 without any problem. In the

meantime, Kanhaiya Kumar tolq Hon'ble Registrar General that he had seen

some persons who had attacked him entering the same chamber where he

was present. Hon'ble Registrar General and the lawyers of Kanhaiya Kumar

alerted the police and the police officials present inside court No.5 and the

gallery immediately started searching for the two persons about whom the

3

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~/ by then, they had disappeared into the mob outside the court

office/chamber. The lawyers of Kanhaiya Kumar started shouting and

nl

V blaming the police officials including the DCP New Delhi District that they

were hand in glove with the attackers and had helped the attackers escape.

However, this is not' correct as the police officials had got Court Room No.5 .

and the gallery between both the court rooms de-congested and ensured

that court room No.4 \-vas free from any uncertified person. As soon as the

police got to know that two persons who had allegedly attacked Kanhaiya

Kumar were the ones who had come to court No.5, police launched search

for t~em but they had disappeared by then. There was no manhandling,

beating or any kind of such incident with Kanhaiya Kumar within the court

building and inside the court room on 17.02.2016 after he was brought to

the court and until safely escorted to Tihar Jail.

7. During this attempted assault by the group of lawyers, 10 policemen

I

have also been injured.

8. Pursuant to the directions of the Hon'ble Supreme Court, it was

ensured that only authorized lawyers and media persons were allowed in the

trial court room without the mobile phones.

9. Subsequent to the ensuing melee, few projectiles were also hurled

towards different groups and on the visiting lawyers who had come on the

direction of the Hon'ble Supreme Court. This was coupled with liberal

dosage of abusive language.

10. After the court proceedings were over, accused Kanhaiya Kumar was

safely escorted to the Tihar Jail in compliance of the Hon'ble Court's order

and has been provided a separate cell by the Jail authorities after taking all

security parameters into considerations.

11. It is pertinent to mention here that on 15.02.2016, JNU Student's -

Union President Mr. Kanhaiya! Kumar was to be produced in the Hon'ble

. Court of Sh. Loveleen Singh, Court No.4, PaHala House Courts, New Delhi.

Around 1400 hrs, a group of lawyers objected to the presence of few JNU

lady teachers inside the Court room. Argument took place between the

. lawyers and the lady teachers. The police immediately intervened and

4

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. /- \~ , rOliCe was alerted. A proper search was launched to nab these fellows but

~/ by then, they had disappeared into the mob outside the court

office/chamber. The lawyers of Kanhaiya Kumar started shouting and

nl

V blaming the police officials including the DCP New Delhi District that they

were hand in glove with the attackers and had helped the attackers escape.

However, this is not' correct as the police officials had got Court Room No.5 .

and the gallery between both the court rooms de-congested and ensured

that court room No.4 \-vas free from any uncertified person. As soon as the

police got to know that two persons who had allegedly attacked Kanhaiya

Kumar were the ones who had come to court No.5, police launched search

for t~em but they had disappeared by then. There was no manhandling,

beating or any kind of such incident with Kanhaiya Kumar within the court

building and inside the court room on 17.02.2016 after he was brought to

the court and until safely escorted to Tihar Jail.

7. During this attempted assault by the group of lawyers, 10 policemen

I

have also been injured.

8. Pursuant to the directions of the Hon'ble Supreme Court, it was

ensured that only authorized lawyers and media persons were allowed in the

trial court room without the mobile phones.

9. Subsequent to the ensuing melee, few projectiles were also hurled

towards different groups and on the visiting lawyers who had come on the

direction of the Hon'ble Supreme Court. This was coupled with liberal

dosage of abusive language.

10. After the court proceedings were over, accused Kanhaiya Kumar was

safely escorted to the Tihar Jail in compliance of the Hon'ble Court's order

and has been provided a separate cell by the Jail authorities after taking all

security parameters into considerations.

11. It is pertinent to mention here that on 15.02.2016, JNU Student's -

Union President Mr. Kanhaiya! Kumar was to be produced in the Hon'ble

. Court of Sh. Loveleen Singh, Court No.4, PaHala House Courts, New Delhi.

Around 1400 hrs, a group of lawyers objected to the presence of few JNU

lady teachers inside the Court room. Argument took place between the

. lawyers and the lady teachers. The police immediately intervened and

4

f :~

'

I: , 'j. , , , i 1

1

,

j !j .

• i 1 !

\d;6 separated the two groups and the lady teachers were safely escqrted out of

"

the Court room and the Court premises. Immediately, thereafter multiple

groups of lawyers at different places on the .Cotlrt premises started raising

slogans, scuffled with some persons who were taking video

graphs/photographs (including the media persons) and pushed them

around. Many of those who were targeted by the lawyers were media

persons, who were also present in large number not just inside the Court

premises but also outside gate No.2. The police prevented escalation of

violence between lawyers and other groups by separating them and by

closing the main gate. Subsequently, the .lawyers assembled and started

sloganeering claiming that they will handle Mr. Kanhaiya:;I(umar in their

own way and wouldn't tolerate any anti-India slogans. Further even outside

the Court gate No.2, two groups who were raising counter slogans got into a

brawl amongst themselves. In this background of prevailing hostile

environment the SHO PS Vasant Kunj North requested the Hon'ble District

Judge to shift the venue of the appearance of accused Kanhiaya Kumar.

Considering the application moved, Hon'ble District Judge was pleased to

shift the venue and court proceedings were held on 15/2/16 at DCP office

complex, Huaz Khas. It was also observed that shifting of venue did lead to

annoyance of certain sections.

12. Considering the surcharged atmosphere in the last few days and the

unpredictable behaviou'r ol'th'e lawyers) a series 01 meetings were held by,

police with the representativesq.ftne local Bar A~~ociation and it was \

'

assured by the Bar that they VJi1l,h~JR.th,y'".P9U~~jn,D;laintaining orderliness .' .. , ., ..

in the court. Past experiences as those witnessed in Delhi in early 1980's &

Jaipur, Chennai, Allahabad etc. have clearly shown that the police has

always beer. at the receiving eI.ld and has b~en castigated for either. " "" . ".>.';l' .~'\' ... : .'.1\'11

er:cessive use of force or for not exercising enough restraint in the tackling

lav.ryers in the court prerp~9~s. It has also been, seen,' that mostly the

:lnn~cent lavvyers face the flip,side of any action and the unruly ones manage

o go scot free. Hence the police personnel deployed in the court premises

were asked to_exerG,is,~.-",J',~~train till the situation warranted retributive

action. That lawyers who are supposed to act as pillars of democracy and

defend human rights could resort to reprehensible activity like physical

\d;6 separated the two groups and the lady teachers were safely escqrted out of

"

the Court room and the Court premises. Immediately, thereafter multiple

groups of lawyers at different places on the .Cotlrt premises started raising

slogans, scuffled with some persons who were taking video

graphs/photographs (including the media persons) and pushed them

around. Many of those who were targeted by the lawyers were media

persons, who were also present in large number not just inside the Court

premises but also outside gate No.2. The police prevented escalation of

violence between lawyers and other groups by separating them and by

closing the main gate. Subsequently, the .lawyers assembled and started

sloganeering claiming that they will handle Mr. Kanhaiya:;I(umar in their

own way and wouldn't tolerate any anti-India slogans. Further even outside

the Court gate No.2, two groups who were raising counter slogans got into a

brawl amongst themselves. In this background of prevailing hostile

environment the SHO PS Vasant Kunj North requested the Hon'ble District

Judge to shift the venue of the appearance of accused Kanhiaya Kumar.

Considering the application moved, Hon'ble District Judge was pleased to

shift the venue and court proceedings were held on 15/2/16 at DCP office

complex, Huaz Khas. It was also observed that shifting of venue did lead to

annoyance of certain sections.

12. Considering the surcharged atmosphere in the last few days and the

unpredictable behaviou'r ol'th'e lawyers) a series 01 meetings were held by,

police with the representativesq.ftne local Bar A~~ociation and it was \

'

assured by the Bar that they VJi1l,h~JR.th,y'".P9U~~jn,D;laintaining orderliness .' .. , ., ..

in the court. Past experiences as those witnessed in Delhi in early 1980's &

Jaipur, Chennai, Allahabad etc. have clearly shown that the police has

always beer. at the receiving eI.ld and has b~en castigated for either. " "" . ".>.';l' .~'\' ... : .'.1\'11

er:cessive use of force or for not exercising enough restraint in the tackling

lav.ryers in the court prerp~9~s. It has also been, seen,' that mostly the

:lnn~cent lavvyers face the flip,side of any action and the unruly ones manage

o go scot free. Hence the police personnel deployed in the court premises

were asked to_exerG,is,~.-",J',~~train till the situation warranted retributive

action. That lawyers who are supposed to act as pillars of democracy and

defend human rights could resort to reprehensible activity like physical

iJ

/ \~~

.~:~ault, blocking of the gates, targeting the media persaps, chasing the

/' /' students etc. could not be visualised in normal cognition.

13. The prescribed measures of crowd dispersal which 'include use of tear

. gas, water cannon and lathi charge in open space which. gives crowd the

option to disperse and retreat, could not have been resorted to at the scene

of action of 17.02.2016 i.e. Patiala House Court complex which comprises of

various structural buildings, vehicle parking space which is full of vehicles

on working days and other structures like lawyers chambers which make it

a very congested area. Therefore, any use of lathi charge or tear gas would

have made the crowd to retreat to closed spaces and would have increased

the probability of a stampede endangering human lives. Further functioning I

of the entire court premises would have been jeopardis·ed because of tear gas

sneaking into the court rooms. Hence-a conscious decision was taken to ·go

in for minimum collateral damage as any such prescribed crowd dispersal

measures would have led to unnecessary confrontation impacting the

judicial officers, innocent laV1.ryers, litigants, journalists and other innocent

by standers.

14. After the Hon'ble High Court was seized of the matter suo-motto, it··

was also presumed that semblance of self discipline would prevail in the

lawyers community cutting across the lines, but unfortunately it was not

perceived so on the ground.

15. The Patiala House Courts is a huge complex with 08 gates. All the

persons (except the ones in lawyers' attire) entering the Court premises are

frisked and checked but black coat entry by anyone not connected with

profession, cannot be ruled out. Also the complex approximately houses 36

numbers of courts, wherein lots of litigants enter the premises without

showing any identity.

16. LEGAL ACTION BY POLICE: - Two separate FIRs were __ .. _._ ................ , .. -.'_.".",.1'.·_" ...... 1 ~"~""""~"""" '.W ~, ... , )" ...... ~",... ........ -<,~-~ .............. ,.,'

registered suo-mota after the ensuing brawls on 15.02.2016 vide FIR No.

69/16, u/s 147/149/427/323 IPC, PS- Tilak Marg & FIR No. 70/16, u/s

6

iJ

/ \~~

.~:~ault, blocking of the gates, targeting the media persaps, chasing the

/' /' students etc. could not be visualised in normal cognition.

13. The prescribed measures of crowd dispersal which 'include use of tear

. gas, water cannon and lathi charge in open space which. gives crowd the

option to disperse and retreat, could not have been resorted to at the scene

of action of 17.02.2016 i.e. Patiala House Court complex which comprises of

various structural buildings, vehicle parking space which is full of vehicles

on working days and other structures like lawyers chambers which make it

a very congested area. Therefore, any use of lathi charge or tear gas would

have made the crowd to retreat to closed spaces and would have increased

the probability of a stampede endangering human lives. Further functioning I

of the entire court premises would have been jeopardis·ed because of tear gas

sneaking into the court rooms. Hence-a conscious decision was taken to ·go

in for minimum collateral damage as any such prescribed crowd dispersal

measures would have led to unnecessary confrontation impacting the

judicial officers, innocent laV1.ryers, litigants, journalists and other innocent

by standers.

14. After the Hon'ble High Court was seized of the matter suo-motto, it··

was also presumed that semblance of self discipline would prevail in the

lawyers community cutting across the lines, but unfortunately it was not

perceived so on the ground.

15. The Patiala House Courts is a huge complex with 08 gates. All the

persons (except the ones in lawyers' attire) entering the Court premises are

frisked and checked but black coat entry by anyone not connected with

profession, cannot be ruled out. Also the complex approximately houses 36

numbers of courts, wherein lots of litigants enter the premises without

showing any identity.

16. LEGAL ACTION BY POLICE: - Two separate FIRs were __ .. _._ ................ , .. -.'_.".",.1'.·_" ...... 1 ~"~""""~"""" '.W ~, ... , )" ...... ~",... ........ -<,~-~ .............. ,.,'

registered suo-mota after the ensuing brawls on 15.02.2016 vide FIR No.

69/16, u/s 147/149/427/323 IPC, PS- Tilak Marg & FIR No. 70/16, u/s

6

147/149/323/341 IPC, PS- Tilak Marg. Further two cases have been

registered on the incidents of 17.02.2016. FIR No. 75/16, u/ s 394 IPC, PS

Tilak Marg has been registered on the complaint of one Rajeev Verma rio

Sonepat, Haryana and FIR No. 76/16, u/s 147/149/427/323/341/

186/332/353 IPC, PS- Tilak Marg has been registered suo-moto. On

15.02.2016, 06 MLCs were prepared of public men. However, on

17.02.2016, 02 MLCs were prepared of public while 10 MLCs of injured

policemen were prepared. The cases are under investigation.

Submitted please.

7

~ 61\\ ~"-r\

\g-'2-~20\ 6 (MUKESH KUMAR MEENA) IPS

JOINT COMMISSIONER OF POLICE NEW DEL~I RANGE, NEW 'DELHI

(Mukesh Kumar Meena) Joint Commissioner of Police

New Deihl Range, Delhi.

. I

147/149/323/341 IPC, PS- Tilak Marg. Further two cases have been

registered on the incidents of 17.02.2016. FIR No. 75/16, u/ s 394 IPC, PS

Tilak Marg has been registered on the complaint of one Rajeev Verma rio

Sonepat, Haryana and FIR No. 76/16, u/s 147/149/427/323/341/

186/332/353 IPC, PS- Tilak Marg has been registered suo-moto. On

15.02.2016, 06 MLCs were prepared of public men. However, on

17.02.2016, 02 MLCs were prepared of public while 10 MLCs of injured

policemen were prepared. The cases are under investigation.

Submitted please.

7

~ 61\\ ~"-r\

\g-'2-~20\ 6 (MUKESH KUMAR MEENA) IPS

JOINT COMMISSIONER OF POLICE NEW DEL~I RANGE, NEW 'DELHI

(Mukesh Kumar Meena) Joint Commissioner of Police

New Deihl Range, Delhi.

. I

IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION '

VVRIT PETITION (CRL) NO. 25 OF 2016

IN THE MATTER OF:

N. D JAYAPRAKASH

Versus

UNION OF INDIA & ANR.

AFFIDAVIT

Petitioner

Respondents

I, Mukesh Kumar Meena, Joint Commissioner of Police, New Delhi Range, Delhi Police Headquarters, New Delhi, do hereby solemnly state and affirm as under:-

1. That I am working as Joint Commissioner of Police, New Delhi Range and have been ..... I.~.,...'"' 6;;-"-- ., 'II ~I-l 1

~<;>($~~~:!!~. r. authorized to file this affidavit in support' of ,) \ir ." ~.. ~lt'l, /1.. "',' ) '.',

nfi)v N i~'~ ~"~ Status Report/ incident Report dated 17.02.2016. ::; 't t:7 -3 Z ';t 13 ~ ~ ~ ~ ~ 2) 2. That the Status Report ~?s been prepared on the

~~ !~ N ; ~ ~ S. basis of record available In my office and the \ ' 1-4 t::t' .... ' J ,'v 0'1 o.;rQ ~ 0 ,..,

, '::,,:' \. ~3~ f r.J,~~~ contents thereof are true and correct to the best "';"I~V' of my knowledge based on the record of the case,

",,' (J:::;-" f\ 6h\~ ~ i:iv ~.~----~(~

) '" \~ f~ 'ID I,.,;

$ ,.r; ,-j ,..... \J

·c QJ ((.:, ,. £: "'~b C :; C '\) 'Ii - (~. _,t. ..

VERIFICATION:-(MJI(~~QtJm~~e(~n;,! )

Joint Commissioner of PC,!,' New Delhi Range, Deihi.


IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION '

VVRIT PETITION (CRL) NO. 25 OF 2016

IN THE MATTER OF:

N. D JAYAPRAKASH

Versus

UNION OF INDIA & ANR.

AFFIDAVIT

Petitioner

Respondents

I, Mukesh Kumar Meena, Joint Commissioner of Police, New Delhi Range, Delhi Police Headquarters, New Delhi, do hereby solemnly state and affirm as under:-

1. That I am working as Joint Commissioner of Police, New Delhi Range and have been ..... I.~.,...'"' 6;;-"-- ., 'II ~I-l 1

~<;>($~~~:!!~. r. authorized to file this affidavit in support' of ,) \ir ." ~.. ~lt'l, /1.. "',' ) '.',

nfi)v N i~'~ ~"~ Status Report/ incident Report dated 17.02.2016. ::; 't t:7 -3 Z ';t 13 ~ ~ ~ ~ ~ 2) 2. That the Status Report ~?s been prepared on the

~~ !~ N ; ~ ~ S. basis of record available In my office and the \ ' 1-4 t::t' .... ' J ,'v 0'1 o.;rQ ~ 0 ,..,

, '::,,:' \. ~3~ f r.J,~~~ contents thereof are true and correct to the best "';"I~V' of my knowledge based on the record of the case,

",,' (J:::;-" f\ 6h\~ ~ i:iv ~.~----~(~

) '" \~ f~ 'ID I,.,;

$ ,.r; ,-j ,..... \J

·c QJ ((.:, ,. £: "'~b C :; C '\) 'Ii - (~. _,t. ..

VERIFICATION:-(MJI(~~QtJm~~e(~n;,! )

Joint Commissioner of PC,!,' New Delhi Range, Deihi.


I\lationai Human Rights Commission

New Delhi, India

\~O A NNc'1CuR£ ~ P J)

NHRC Team visits Central Prison, Tihar to inquire into important issues pertaining to Shri Kanhaiya Kumar; inquiry report forwarded to Commission of Police, Delhi and Director General of Prisons, Tihar Jail for comments (19.02.'20~6)

New Delhi, 19th February, 2016

On 16.02.2016, the Commission took suo motu cognizance of the newspaper report published in Hindu newspaper dated 13.02.2016 captioned as ItGovt. acts tough, JNU student leader charged with sedition". It, was reported that the President of JNUSU was arrested on the charges of sedition after allegedly raising anti-India slogans. The Commission issued notice to the Home Secretary, Govt. of India, Chief Secretary, NCT of Delhi, Comlnissioner of Police, Delhi and the Registrar, Jawaharlal Nehru University.

On 18th February, 2016, the Acting Chairperson, NHRC directed that a team comprising Sh. C. K. Chaturvedi, Registrar (Law) and Sh. S. K. Jain, SSP (Investigation) may visit Central Prison, Tihar and inquire into the following important issues pertaining to Sh. Kanhaiya Kumar:

1. To assess arrangements made and measures taken to ensure safety and security of Sh. Kanhaiya Kumar in the prison and to ascertain the apprehensions, if any, in the mind of Sh. Kanhaiya Kumar with regard to his safety and security.

II. To ascertain the treatment meted out to Sh. Kanhaiya KUlnar by the police and prison authorities while in custody.

III. To ascertain whether the statement released to the press by the Comlnissioner of Police, Delhi in the name of Sh. Kanhaiya Kumar was made by Sh. Kanhaiya Kumar voluntarily

and without any extraneous influence.

The NHRC tearn has submitted a report dated 19.02.2016 with

the following findings:

i. The Central Prison, Tihar has made special arrangements to ensure safety and security of Sh. Kanhaiya Kumar inside the prison. He has been kept in an independent and separate cell. Dedicated security staff has been deployed to ensure his safety and security round the clock. Several security instructions have

I\lationai Human Rights Commission

New Delhi, India

\~O A NNc'1CuR£ ~ P J)

NHRC Team visits Central Prison, Tihar to inquire into important issues pertaining to Shri Kanhaiya Kumar; inquiry report forwarded to Commission of Police, Delhi and Director General of Prisons, Tihar Jail for comments (19.02.'20~6)

New Delhi, 19th February, 2016

On 16.02.2016, the Commission took suo motu cognizance of the newspaper report published in Hindu newspaper dated 13.02.2016 captioned as ItGovt. acts tough, JNU student leader charged with sedition". It, was reported that the President of JNUSU was arrested on the charges of sedition after allegedly raising anti-India slogans. The Commission issued notice to the Home Secretary, Govt. of India, Chief Secretary, NCT of Delhi, Comlnissioner of Police, Delhi and the Registrar, Jawaharlal Nehru University.

On 18th February, 2016, the Acting Chairperson, NHRC directed that a team comprising Sh. C. K. Chaturvedi, Registrar (Law) and Sh. S. K. Jain, SSP (Investigation) may visit Central Prison, Tihar and inquire into the following important issues pertaining to Sh. Kanhaiya Kumar:

1. To assess arrangements made and measures taken to ensure safety and security of Sh. Kanhaiya Kumar in the prison and to ascertain the apprehensions, if any, in the mind of Sh. Kanhaiya Kumar with regard to his safety and security.

II. To ascertain the treatment meted out to Sh. Kanhaiya KUlnar by the police and prison authorities while in custody.

III. To ascertain whether the statement released to the press by the Comlnissioner of Police, Delhi in the name of Sh. Kanhaiya Kumar was made by Sh. Kanhaiya Kumar voluntarily

and without any extraneous influence.

The NHRC tearn has submitted a report dated 19.02.2016 with

the following findings:

i. The Central Prison, Tihar has made special arrangements to ensure safety and security of Sh. Kanhaiya Kumar inside the prison. He has been kept in an independent and separate cell. Dedicated security staff has been deployed to ensure his safety and security round the clock. Several security instructions have

been issued by the prison authorities in this regard. He has no complaints against prison official.

11. According to Sh. Kanhaiya Kumar, he was arrested without any valid reason and without disclosing to him even grounds of arrest. He had not committed any offences as now alleged. However, this aspect is under investigation by the police.

111. Sh. Kanhaiya Kumar did not complain of any physical assault by the police while in custody. However, he was subjected to psychological pressure during interrogation.

IV. The statement which was issued by the police as an appeal on behalf of Sh. Kanhaiya Kumar was not written by him voluntarily. The content, construction and framework of the statement were as dictated by the police.

v. Sh. Kanhaiya Kumar was abused and physically assaulted by some persons dressed as advocates in the Patiala House court premises on 17.02.2016. He was· even physically assaulted inside the adjoining court room in the presence of police who did not do anything to prevent the assault or apprehend the attackers even though they were identified by Sh. Kanhaiya Kumar then and there.

VI. The physical assault on Sh. Kumar in the court premises appears to be organized and pre- planned.

VII. What happened in the Patiala House Court Complex on 17.02.2016 was a major security lapse on the part of the police. There was serious dereliction of duty on the part of the police.

viii. Going by the sequenc'e of events, the safety and security of Sh. Kanhaiya and his family members is a serious cause of

concern.

A copy of the inquiry report submitted by the NHRC team has been forwarded to the Commisioner of Police, Delhi and the Director General of Prisons, Tihar Jail for their comments, to be received by the Commission, on or before 26.02.2016.

Note: For further details kindly contact National Human Rights Commission, Manav Adhikar Bhawan Block-C, GPO Complex,

INA, New Delhi - 110023

Tel.No. 24651330 Fax No. 24651329 E-Mail:

covdnhrc[ at]nic[ dot]in, ionhrc[ at]nic[ dot]in

been issued by the prison authorities in this regard. He has no complaints against prison official.

11. According to Sh. Kanhaiya Kumar, he was arrested without any valid reason and without disclosing to him even grounds of arrest. He had not committed any offences as now alleged. However, this aspect is under investigation by the police.

111. Sh. Kanhaiya Kumar did not complain of any physical assault by the police while in custody. However, he was subjected to psychological pressure during interrogation.

IV. The statement which was issued by the police as an appeal on behalf of Sh. Kanhaiya Kumar was not written by him voluntarily. The content, construction and framework of the statement were as dictated by the police.

v. Sh. Kanhaiya Kumar was abused and physically assaulted by some persons dressed as advocates in the Patiala House court premises on 17.02.2016. He was· even physically assaulted inside the adjoining court room in the presence of police who did not do anything to prevent the assault or apprehend the attackers even though they were identified by Sh. Kanhaiya Kumar then and there.

VI. The physical assault on Sh. Kumar in the court premises appears to be organized and pre- planned.

VII. What happened in the Patiala House Court Complex on 17.02.2016 was a major security lapse on the part of the police. There was serious dereliction of duty on the part of the police.

viii. Going by the sequenc'e of events, the safety and security of Sh. Kanhaiya and his family members is a serious cause of

concern.

A copy of the inquiry report submitted by the NHRC team has been forwarded to the Commisioner of Police, Delhi and the Director General of Prisons, Tihar Jail for their comments, to be received by the Commission, on or before 26.02.2016.

Note: For further details kindly contact National Human Rights Commission, Manav Adhikar Bhawan Block-C, GPO Complex,

INA, New Delhi - 110023

Tel.No. 24651330 Fax No. 24651329 E-Mail:

covdnhrc[ at]nic[ dot]in, ionhrc[ at]nic[ dot]in

,;"',

1 Himasnhu am an Associate Professor at Centre for Economic Studies and Planning, Jawaharlal Nehru University (JNU) .

I learnt from Kanhaiya's lawyers that one faculty member and one student have been permitted by e Hon'ble Supreme Court to attend the remand proceedings on 17th February at 2plll at Patiala House, in l<anhaiya l<umar's case, who is a student of JNU and President of jNUSU,

I was asked by my· fellow teachers to attend the court hearing as a faculty member of JNU as we feel responsible for the welfare of our students, Kanhaiya's family is not here, and thei'efore we felt responsible to be present in Court as guardians,

I went along with the six defence lawyers of Kanhaiya Kumar's legal team, whose names are mentioned in the Order of the Hon'ble Supreme Court of India· dt. 17th February, to Patiala House, Here the atmosphere was very tense and hostile,.: Despite the presence of a large number of policemen many lawyers were raising slogans of Bharat Mata ki jai, anti jNU slogans and threats to anyone they perceived as anti national. The atmosphere was very threatening and intimidating. We I'eached the Court room no.4 of Shri Loveleen Metropolitan Magistrate at about l.4Spm.

After about 10 minutes all the six defence lawyers and myself were asked to go to Court room No.3, located across the aisle, opposite Court ro~m No.4.

Here in the presence of the Hon'ble Registrar General of the Delhi High Court and two JudiCial Officers of Patiaia House Court, the DCP checked the identity cards of all the 6 defence lavvyers. All the Icl\,vyers were directed to deposit their mobile phones, The six defence lavvyers were then taken to the Court No.4" J was asked to wait in COLIrt no.3 with e three judicial officers,

1 was wid by the Judicial Officers that I will only be allowed to enter Court room No. 41 if there are no family members of Kanhaiya presenc and if he identifies and permits me to come. I was asked to produce my identity card and J was asked to surrender my phone to the court officers.

Thereafter, the i'oom suddenly opened and about 10-12 policemen alongwith Kanhaiya and ano person entered the room. This person, jumped on l<anhaiya and hit him. Seeing this, I rushed towards Kanhaiya and hugged him so as to protect, l<anhaiY2. The person who hit Kanhaiya, after assaulting him, tripped and was at the corner of the room away from the door. Kanhaiya pointed to his assailant, and screamed that he was the one who has been hitting him, inside and outside the court premises. I was baffled and immediately drew attention of all the Judicial Officers and the police officers present, and started shouting "Arrest Him, Arrest that man."

In the meanwhile, the three Judicial officers pointed at me and asked Kanhaiya jf he could recognize me. Kanhaiya immediately replied that he recognized me. I was permitted to speak 'vvith him. I continued to point towards Kanhaiya's

\

\

,;"',

1 Himasnhu am an Associate Professor at Centre for Economic Studies and Planning, Jawaharlal Nehru University (JNU) .

I learnt from Kanhaiya's lawyers that one faculty member and one student have been permitted by e Hon'ble Supreme Court to attend the remand proceedings on 17th February at 2plll at Patiala House, in l<anhaiya l<umar's case, who is a student of JNU and President of jNUSU,

I was asked by my· fellow teachers to attend the court hearing as a faculty member of JNU as we feel responsible for the welfare of our students, Kanhaiya's family is not here, and thei'efore we felt responsible to be present in Court as guardians,

I went along with the six defence lawyers of Kanhaiya Kumar's legal team, whose names are mentioned in the Order of the Hon'ble Supreme Court of India· dt. 17th February, to Patiala House, Here the atmosphere was very tense and hostile,.: Despite the presence of a large number of policemen many lawyers were raising slogans of Bharat Mata ki jai, anti jNU slogans and threats to anyone they perceived as anti national. The atmosphere was very threatening and intimidating. We I'eached the Court room no.4 of Shri Loveleen Metropolitan Magistrate at about l.4Spm.

After about 10 minutes all the six defence lawyers and myself were asked to go to Court room No.3, located across the aisle, opposite Court ro~m No.4.

Here in the presence of the Hon'ble Registrar General of the Delhi High Court and two JudiCial Officers of Patiaia House Court, the DCP checked the identity cards of all the 6 defence lavvyers. All the Icl\,vyers were directed to deposit their mobile phones, The six defence lavvyers were then taken to the Court No.4" J was asked to wait in COLIrt no.3 with e three judicial officers,

1 was wid by the Judicial Officers that I will only be allowed to enter Court room No. 41 if there are no family members of Kanhaiya presenc and if he identifies and permits me to come. I was asked to produce my identity card and J was asked to surrender my phone to the court officers.

Thereafter, the i'oom suddenly opened and about 10-12 policemen alongwith Kanhaiya and ano person entered the room. This person, jumped on l<anhaiya and hit him. Seeing this, I rushed towards Kanhaiya and hugged him so as to protect, l<anhaiY2. The person who hit Kanhaiya, after assaulting him, tripped and was at the corner of the room away from the door. Kanhaiya pointed to his assailant, and screamed that he was the one who has been hitting him, inside and outside the court premises. I was baffled and immediately drew attention of all the Judicial Officers and the police officers present, and started shouting "Arrest Him, Arrest that man."

In the meanwhile, the three Judicial officers pointed at me and asked Kanhaiya jf he could recognize me. Kanhaiya immediately replied that he recognized me. I was permitted to speak 'vvith him. I continued to point towards Kanhaiya's

\

\

' .. ';

assailant, and pleaded with the police and the Judicial officers to identify and

arrest this person, A police officer approached the assailant and asked whether

he was a lawyer, to which he replied saying that he was an Advocate. The

assailant \:vlio was wearing a dark coloured coat, black trousers and dark glasses

then got up and started movmg towards the door of Court room no, 3'. --= I~~~~-'~-'-'~~~~lr~----~~~~~-

-~ __ Meanwhile, I continued to plead with Judicial Officers and the Police to restraTn

ailt(meStFilm, Unfortunately there was no response, and this assailant easily

walked out of the door of Court room no, 3,

l<anhaiya l<umar was in a bad shape, It was evident from the condition of his

clothes that he had been manhandled and assaulted, There were bruises on his

nose, He did not have any slippers and there were injury marks on his toes and

legs, He complained to me, that he had been, viciously assaulted, his hair pulled

out and he vVClS beaten by :20-30 lawyers, He was suffering from pain in his

stomach, chest, legs and his head.

On hearing e commotion Advocate Vrinda Grover rushed in from Court room

No, 4, i~dv, Vrinda Gi-over told me that she and the other lawyers clearly saw the

assailant corne out of Court room No.3 and talk to OCP jatin Narwal at the door

of the court. The OCP asked him his name, at which this man took off his dark

glasses and tauntingly said in Hindi "You will ask me my name" and then calmly

walked out through the police security cordon in the same direction from where

Kanhaiya had been Drought by the police,

On 19 lh February 2016, 1 saw on page 3 of Hindustan Times newspaper the

report titled, " Lawyer who led mob at Patiala House felicitated, district bar

blames outsiders", The photograph in this report shows some lawyers standing

at the gate of Patiala House court. On seeing the photograph 1 immediately

recognized the man in the check coat, standing second from left as the man who

assaulted Kanhaiya Kumar tn Court room no, 3 in my presenc~,

No action has been taken against this man for assaulting Kanl1aiya,

'~--=""--"--"""'-"'""""'''''''''"':~;':: ._·~.'~"f

' .. ';

assailant, and pleaded with the police and the Judicial officers to identify and

arrest this person, A police officer approached the assailant and asked whether

he was a lawyer, to which he replied saying that he was an Advocate. The

assailant \:vlio was wearing a dark coloured coat, black trousers and dark glasses

then got up and started movmg towards the door of Court room no, 3'. --= I~~~~-'~-'-'~~~~lr~----~~~~~-

-~ __ Meanwhile, I continued to plead with Judicial Officers and the Police to restraTn

ailt(meStFilm, Unfortunately there was no response, and this assailant easily

walked out of the door of Court room no, 3,

l<anhaiya l<umar was in a bad shape, It was evident from the condition of his

clothes that he had been manhandled and assaulted, There were bruises on his

nose, He did not have any slippers and there were injury marks on his toes and

legs, He complained to me, that he had been, viciously assaulted, his hair pulled

out and he vVClS beaten by :20-30 lawyers, He was suffering from pain in his

stomach, chest, legs and his head.

On hearing e commotion Advocate Vrinda Grover rushed in from Court room

No, 4, i~dv, Vrinda Gi-over told me that she and the other lawyers clearly saw the

assailant corne out of Court room No.3 and talk to OCP jatin Narwal at the door

of the court. The OCP asked him his name, at which this man took off his dark

glasses and tauntingly said in Hindi "You will ask me my name" and then calmly

walked out through the police security cordon in the same direction from where

Kanhaiya had been Drought by the police,

On 19 lh February 2016, 1 saw on page 3 of Hindustan Times newspaper the

report titled, " Lawyer who led mob at Patiala House felicitated, district bar

blames outsiders", The photograph in this report shows some lawyers standing

at the gate of Patiala House court. On seeing the photograph 1 immediately

recognized the man in the check coat, standing second from left as the man who

assaulted Kanhaiya Kumar tn Court room no, 3 in my presenc~,

No action has been taken against this man for assaulting Kanl1aiya,

'~--=""--"--"""'-"'""""'''''''''"':~;':: ._·~.'~"f

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but II '\]C'!!ri~l)' ;I1Hl \\"'(}d:it;:~d(\~:

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'1'11(> president of tlh' bar i~i\r!;mr!e! Challll;m nnd srt.icl ":-';ilal1tlra Bar ;\pl,o sath hal (T!J{' Sh;lhira H;,)- is witll )'CI\l)",

>fllIP:("S :--;lid,

I I o \V{? vel', tlw iJistl'ii'l B,w ('onnlm:1JJo;1 O.lllllllittf>(,(JlHCq h:'ls {"ondplll ned! h(' vio}p}}ce (lIP.:l,! i;·tl;l 1 i!Ju;,:,(' In)! lilsi.-:-:ti'd Iflitl

http://paper.hindustantimes.cor'l/epaper/viewer.aspx

'\ q~;.tring hJa.ck coats il nd 1'l1(~y '~V()rp lHJt 1:;\\ \l~l» nud tJ;;-n. L:.: \yhy \\l·i

are ~ayjng an invPsl i~~(ltjon is [WC8ssary"

()ilJel' Jl1pnlh(:~I;-; o!' Ulf: C'{Hll:11 il tee Uldt. rnallag(:s t!'n:~ (liTa irs of Ddhi.'s six distric, COlll'to agreed.

"\\'i.~ arc' !lot'ltJr? [lu]iC(l ,--;0 \Vf.J

C',Ul1101 'investigate' illP 1l1nti't?1: ~o complaint again:;1 (Ill\' lawyer has ~'lH)li.l U) ll::;,)' snid Tb I J;,i/nri. Bnl' chaIrman S;U1j«1 N;ISic'l',

Frolll Hohi.t1i (Hstl'.i.ct coart, t lv) hn r ,:~nncrrd sect '('t;'lf\ H.qjClf~Y T(;)iJnall added (iJ<J.t t.i':i"cummi.tfc;e \wnlld h)ol, il1i (1, 1w nmtt(ll'

"A.group of lawyers. led by Vikram Chauhan (fourth from left) protest ['ltl'tiwr" all.:!)' illl' b\\'Y('i'S heJd at the Patiala House court on Wednesday, HT PHOTO ;; protest march to condC'HlH tile

tJw v~rpejl'at()j's \ \\'.l'C' "( mi:siders" rlrr~ss(:d ;)S Ln\'.\'(j'~.

"The F!r~ il:.lS !;l>(·Hl n'glsH.'reci 8nd \VP :-i.rc only :lsking that tlH! matte)' Iw llYvbtigatecl," s;rici DnCe pn'sidclll HJ\ WadJl\'iil. \\']lDe he \\d~ 11!]t pr(lsc;nt liu!'

ing tl)i~ procc·'ssion llll \\\'tinesii;'I,' \Vi,t(Hnva adc]fyl that th(?connn~t({,'t: li;~d b;1S(~d its aSSCSSI11cni. (i!l

;1 l'Ppori. tilat their c(iJipagul':' "c;mght iln'f0 }J('l~';Ol1S ... i \'\'Ol'n!1

nIT iUld onp \Vi:IS handed 0\,1':' t(}

111(' ~)()j W(-I Tlh·'\' \\'P\'(\ (.Ill! ....;i;!f;i·c.: - ,'" '". ','" ,." ,

\.'lo1011{X~.

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(TI\\Jb ~R'!J

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.~.T...~.~!T.~~P~~.rl.~.l1~ ................................ .

NEW DELHI: ;\ gronp or lawYC'l"s il;) T;1\!!':~ti;;~' fr:ll{'itatpd \:H\I'~un Chill1lJ'l.ll, J.lH,; Irl.'I'YC!" 'vllo Iud tlj(o pr()tl':~i ai PMiala flon~" ((Jl1)'i 011 ))(j{ II ,\]{,'!!ri~l)' ,Hut \\"'(}d:it;:~d(\~:

!h.) also ;dlegl)(Uy lrd.:). mob t.hat j;lrgp[e(] . .lNll students· union i(>;I<\('l" J'~;IJlll;li::;1 Kill1lill'.in tl";l' C'Ol..U'lpIy?nlisf.,I$.

SOHl"(,(,S said tl)(~ ShallfJra 13m: :l:::::(wj:li jon tool, 0\11 (\ 1.':H1dk' ))];11"('11 olllsicip gato mtnlbcr of ,:; {if ;11!.l Krn'l\;{J"dnorn ('nun :1t)prll. \\'jlH;l1 \I'a6 ai wlllied.lJy Cllimban.

'1'11(> pn:·siclellt of tlh' bar i:;\r!;md,;r! Ch;,{lllwl! nn(J sa.icl ":-';ilal1tlra Bal" apl\o S;itlJ hnl (T!J{' Sh;lhira H;,r is witll )'CI\l)". :~f)lIP:("S :--;lid.

110Wt,vcl". tlw iJistrii'l B,i}" "nnrdHl;{1jon Con11nHtP(~{J}HCC) ;'lS {"ondplll ned! h(' vio}p}}ce (it

,:1.1 i;·tl;l 1 i!Ju;,:,(' Inn lilsi.-:-:ti'd Iflitl

http://paper.hindustantimes.cor'l/epaper/viewer.aspx

'\ \"{~;.tring hJa.ck coats il nd 1"l1(~y '~V()rp lHJt i:;\\\l~r,":"~Hid i];;-n. L.:: \.~:hy \\"(-i

are ~ayjng an invPsl i~~(ltjoll is [WC8ssary"

()ilJel' Jl1Pnl!X)I;-; o!' Ulf: ('{Hllt11 il tee Uldt. rnallag(:s t!'n:~ (liTa irs of Ddhi.'s six (l.ist.rin COllrto agnx;d.

"'\\·i.~ an~ ~l!)t'lhf? p(}lic:(':;.o ~.v(l

Cj",Ul1101 'invefitigaic> illP 1l1nti"t?1: ~o

complaint again:;1 (Ill\' lawyer has ~'lH)li.l U) 1l::;,1" snid Tb I J;)/nri. Bnl' chaIrman S;U1j«1 N;lsin·.

Frolll Hohini (Hstl·.i.ct coart, t lv) hn r ,:~nncrrd sect '('t;'lf\ H.qj{:~lf~Y T(;)iJnall added (iW.l t.i":i'·cullJm il· fc;e \wmld J<)ol, ini (1, lw nmtt(l)"

"A.group of lawyers. led by Vikram Chauhan (fourth from left) protest [·Ill·tiwr'· aile)" illl' b\\'Yf>i"S heJd at the Patiala House court on Wednesday. HT PHOTO ;; protest march to condC'HlH tile

tJw v~rpej1"at()j'':' \ \'('.l"C' "( mi:siders" rlrr~ss(:d ;)s Ln\',,\"('l',:-:.

"The F!r~ il:.h !;{>(·Hl n'glsH.'reci 8nd \VP ;(t\.~ only :lsking that tlH! mati.e)" Iw lllv(}~tigai.ecl," s;rici DnCe pn'sidclll HJ\ w;J(nn'ia. \\-'l}De he \\d~ 11!]t pr(lsc;nt liu!'

ing 11)1'. procc·'s.sion Oll \\"!>t!neSih',.' \V::tdll\F;Jadd{~c1 f!lat th(?connn~t· (c't: li;~d b;1S(~d its aSSCSSI11cni. (i!l

;\ l"Ppori. tilat their c(iJipaguc':, "c;mght i llrf0 }J('l~';Ol1S ... i \'\'Ol"n!1

nIT iUld onp \Vi:IS handed 0\,1':" t(}

111(' ~)()j W(-I Tlh"\' \\'P\"(\ (.Ill! .....;i;!f;i·c.: - ,'..... ','" ,... .

\.'lo1011{X~.

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1/1

,r?~

ANNE~ufZ~ - P/~

EXCLUSIVE: Kanhaiya wet his pants while we beat him up

in police custody, say lawyers behind Patiala House assault A sting operation by India Today has unearthed shocking details on the assault on JNUSU President Kanhaiya Kumar and journalists, while Kumar was being produced in the PaHala House court on February 15.

IndiaToday.in New Delhi, February 22,2016 I Posted by Avarnita Mathur I UPDATED 12:33 1ST A +A-

An exclusive India Today operation today unearthed shocking details on the assault on, JNUSU President ,Kanhaiya Kumar and journalists, while Kumar was being produced in the Pahala House court on February 15.

In a sting operation recorded by our cameras, lawyers in Delhi' s Patiala House court have owned up to the brazen assault. In the video below, they admit gleefully that Kanhaiya was beaten up even when he was in police custody. None of these lawyers have been arrested.

The three lawyers mentioned in the sting operation are Vikram Singh Chauhan, Yashpal Singh and Om Sharma. The three led the attack on journalists and Kanhaiya supporters at the Patiala House court on February 15. The video indicates that the attack inside the court premises was not a spontaneous

,r?~

ANNE~ufZ~ - P/~

EXCLUSIVE: Kanhaiya wet his pants while we beat him up

in police custody, say lawyers behind Patiala House assault A sting operation by India Today has unearthed shocking details on the assault on JNUSU President Kanhaiya Kumar and journalists, while Kumar was being produced in the PaHala House court on February 15.

IndiaToday.in New Delhi, February 22,2016 I Posted by Avarnita Mathur I UPDATED 12:33 1ST A +A-

An exclusive India Today operation today unearthed shocking details on the assault on, JNUSU President ,Kanhaiya Kumar and journalists, while Kumar was being produced in the Pahala House court on February 15.

In a sting operation recorded by our cameras, lawyers in Delhi' s Patiala House court have owned up to the brazen assault. In the video below, they admit gleefully that Kanhaiya was beaten up even when he was in police custody. None of these lawyers have been arrested.

The three lawyers mentioned in the sting operation are Vikram Singh Chauhan, Yashpal Singh and Om Sharma. The three led the attack on journalists and Kanhaiya supporters at the Patiala House court on February 15. The video indicates that the attack inside the court premises was not a spontaneous

one, but a well-planned conspIracy to teach 'anti-national' elements a lesson.

To uncover the truth about the Patiala House conspiracy, India Today's special investigation team first went to meet Vikram Singh Chauhan, the 38-year-old Patiala House lawyer from Rewari in Haryana. Chauhan has emerged as the face of the attack on journalists and JNU students. Far from being afraid about getting locked up in prison for leading the brutal attack, he seems to be enj oying his new found infamy in this conversation.

Vikram Chauhan, Lawyer: We beat up that boy for 3 hours ... 3 hours

India Today: You?

Chauhan: Him

IT: Whom? The reporters or Kanhaiya?

Chauhan: Kanhaiya. We forced him to say 'Bharat 'Mata Ki Jai'.

IT: Did he say it?

Chauhan: He said it. I would have not let him go from there.

IT: Did he say - 'Bharat Mata Ki Jai?'

Chauhan: Yes, he said 'Bharat Mata Ki Jai.' We made him say it. We bashed him for three hours. He wet his pants. We beat him up so much.

IT: Will you repeat what you did when he is produced in court?

Yashpal Singh, Lawyer: We will not leave him. We'll beat him up. I will get a petrol bomb. No matter what cases are filed against me. I will not leave him even if I'm charged with murder.

+++

Yashpal Singh: No, not one, we'll do it on everyone. I have not been presented yet. Sharma has returned after his bail. I will go to jail. If you read, there are lot of things. In my interview, I had said that I will go to jail if I'm arrested. I want to go to the same jail and visit Kanhaiya's cell, and beat him up there itself. IT: In the cell?

one, but a well-planned conspIracy to teach 'anti-national' elements a lesson.

To uncover the truth about the Patiala House conspiracy, India Today's special investigation team first went to meet Vikram Singh Chauhan, the 38-year-old Patiala House lawyer from Rewari in Haryana. Chauhan has emerged as the face of the attack on journalists and JNU students. Far from being afraid about getting locked up in prison for leading the brutal attack, he seems to be enj oying his new found infamy in this conversation.

Vikram Chauhan, Lawyer: We beat up that boy for 3 hours ... 3 hours

India Today: You?

Chauhan: Him

IT: Whom? The reporters or Kanhaiya?

Chauhan: Kanhaiya. We forced him to say 'Bharat 'Mata Ki Jai'.

IT: Did he say it?

Chauhan: He said it. I would have not let him go from there.

IT: Did he say - 'Bharat Mata Ki Jai?'

Chauhan: Yes, he said 'Bharat Mata Ki Jai.' We made him say it. We bashed him for three hours. He wet his pants. We beat him up so much.

IT: Will you repeat what you did when he is produced in court?

Yashpal Singh, Lawyer: We will not leave him. We'll beat him up. I will get a petrol bomb. No matter what cases are filed against me. I will not leave him even if I'm charged with murder.

+++

Yashpal Singh: No, not one, we'll do it on everyone. I have not been presented yet. Sharma has returned after his bail. I will go to jail. If you read, there are lot of things. In my interview, I had said that I will go to jail if I'm arrested. I want to go to the same jail and visit Kanhaiya's cell, and beat him up there itself. IT: In the cell?

\~T Singh: Yes, I will go to his cell and beat him up. Most probably, I will not give my bail bond. I will go to prison for 1-2 days. .

+++

Yashpal Singh; We beat up journalists. We thrashed JNU professors .. everyone. If you live in the country, you will have to talk about the country. That's all we know. Then Kanhaiya came. To tell you the truth about Kanhaiya, the police was supporting us fully.

IT: Police was supporting you? Singh: Yes +++

Serious questions have been asked about why the security personnel on duty inside the Patiala House court did not step in and stop the violence. The cops have denied charges of them turning a blind eye towards the violence and have insisted that they did what was expected of them. In this conversation, Chauhan describes how the cops stood around without bothering to stop the violence.

Chauhan: "See, if there is India, then there will always be support. Some of the personnel were standing, including some from the CRPF. They said - 'Sir good sir'. I said - ICome'. They said - 'Sir, we are in uniform ... but good, good. '

The sting operation also revealed that it wasn't just the lawyers from the Patiala House court who were involved in the attack on Kanhaiya and his supporters. Chauhan disclosed to India Today that many of the attackers were specially brought in from outside with the specific intent of beating up the so called anti-nationals.

Chauhan: There are not many lawyers in Patiala House court. There are only 100-500 lawyers. Half of them deal with challans.

IT: Yes, they deal with challans.

Chauhan: We were to throw a bomb. There were so many boys from outside. From Dwarka, Rohini. Many were called in. I wrote on Facebook and asked them to come.

The sting operation also revealed plans of further attacks on Kanhaiya' s hearings.

IT: This Khalid also ...

\~T Singh: Yes, I will go to his cell and beat him up. Most probably, I will not give my bail bond. I will go to prison for 1-2 days. .

+++

Yashpal Singh; We beat up journalists. We thrashed JNU professors .. everyone. If you live in the country, you will have to talk about the country. That's all we know. Then Kanhaiya came. To tell you the truth about Kanhaiya, the police was supporting us fully.

IT: Police was supporting you? Singh: Yes +++

Serious questions have been asked about why the security personnel on duty inside the Patiala House court did not step in and stop the violence. The cops have denied charges of them turning a blind eye towards the violence and have insisted that they did what was expected of them. In this conversation, Chauhan describes how the cops stood around without bothering to stop the violence.

Chauhan: "See, if there is India, then there will always be support. Some of the personnel were standing, including some from the CRPF. They said - 'Sir good sir'. I said - ICome'. They said - 'Sir, we are in uniform ... but good, good. '

The sting operation also revealed that it wasn't just the lawyers from the Patiala House court who were involved in the attack on Kanhaiya and his supporters. Chauhan disclosed to India Today that many of the attackers were specially brought in from outside with the specific intent of beating up the so called anti-nationals.

Chauhan: There are not many lawyers in Patiala House court. There are only 100-500 lawyers. Half of them deal with challans.

IT: Yes, they deal with challans.

Chauhan: We were to throw a bomb. There were so many boys from outside. From Dwarka, Rohini. Many were called in. I wrote on Facebook and asked them to come.

The sting operation also revealed plans of further attacks on Kanhaiya' s hearings.

IT: This Khalid also ...

Chauhan: Now, we have to do something else. Something big. IT: Tell me.

Chauhan: No, we've thought. Things will happen by doing.

IT: But it has to be done in a planned way?

Chauhan: Khudiram Bose was 17, Bhagat Singh was not even 23 ... What we did was good. Our lawyers said the same thing in the end. The boy went alone and did it single handedly.

Kanhaiya Kumar and other JNU students have been booked for sedition. Vikram Chauhan and the other attackers have been booked under mild provisions of the Indian Penal Code such affray, which means fighting in a public place and disturbing peace. The charges against the lawyers are easily bailable.

After meeting Vikram, our next port of call was the Shalimar Garden residence of Om Sharma in Ghaziabad. Sharma is a resident of Bulandshahr in Uttar Pradesh and has been practising at the Patiala House court for 17 years. Sharma is one of the main protagonists in the attack at the Patiala House attack on February 15. At the time we visited, another lawyer Yashpal Singh happened to be at Sharma's house. Yashpal practises at the Tees Hazari courts and has been additional secretary of the Bar Council. Both Om Sharma and Y ash pal Singh confirmed everything that Vikram had told India Today's special investigation team.

Froll1 their admission on camera, it is very clear that Vikram Chauhan, Om Sharma and Yashal Singh not only planned the Patiala House attack in great detail but also that they are completely unrepentant about what their actions.

The India Today's special investigation team included Rahul Kanwal, K Ashish and Harish Sharma.

Chauhan: Now, we have to do something else. Something big. IT: Tell me.

Chauhan: No, we've thought. Things will happen by doing.

IT: But it has to be done in a planned way?

Chauhan: Khudiram Bose was 17, Bhagat Singh was not even 23 ... What we did was good. Our lawyers said the same thing in the end. The boy went alone and did it single handedly.

Kanhaiya Kumar and other JNU students have been booked for sedition. Vikram Chauhan and the other attackers have been booked under mild provisions of the Indian Penal Code such affray, which means fighting in a public place and disturbing peace. The charges against the lawyers are easily bailable.

After meeting Vikram, our next port of call was the Shalimar Garden residence of Om Sharma in Ghaziabad. Sharma is a resident of Bulandshahr in Uttar Pradesh and has been practising at the Patiala House court for 17 years. Sharma is one of the main protagonists in the attack at the Patiala House attack on February 15. At the time we visited, another lawyer Yashpal Singh happened to be at Sharma's house. Yashpal practises at the Tees Hazari courts and has been additional secretary of the Bar Council. Both Om Sharma and Y ash pal Singh confirmed everything that Vikram had told India Today's special investigation team.

Froll1 their admission on camera, it is very clear that Vikram Chauhan, Om Sharma and Yashal Singh not only planned the Patiala House attack in great detail but also that they are completely unrepentant about what their actions.

The India Today's special investigation team included Rahul Kanwal, K Ashish and Harish Sharma.

\?! Ii N", E~vi<1.f rfJl

A~ttacks by lawyers were one-sided, says judge

Sana Shakil I TNN I Feb 23, 2016, 06.32 AM IST

NEW DELHI: A judge who witnessed the twin assaults at

Patiala I-Iouse Courts complex last week -on JNU teachers,

students and journalists on February 15 and JNUSU president

Kanhaiya Kumar on February 17 - has written to the

seniormost judge of the complex, saying the attackers were all

"apparently lawyers" and sought action against them, sources

said on Monday.

The judge described the hooliganism of lawyers in great detail,

saying a large crowd was seen "beating up whosoever was not

in la-wyers' uniform". He also mentioned that the attacks were

one-sided, the sources said.

The incident of February 15, in which journalists and students

were assaulted before the hearing in the sedition case against

Kumar, appeared to be more violent, the judge is learned to

have told the district judge of Patiala House Courts.

The sources said that the judicial officer, in his letter, re called

that on this day, a large crowd "apparently of advocates"

gathered in and around the court complex and beat up

"whosoever was not in lawyers' uniform".

\?! Ii N", E~vi<1.f rfJl

A~ttacks by lawyers were one-sided, says judge

Sana Shakil I TNN I Feb 23, 2016, 06.32 AM IST

NEW DELHI: A judge who witnessed the twin assaults at

Patiala I-Iouse Courts complex last week -on JNU teachers,

students and journalists on February 15 and JNUSU president

Kanhaiya Kumar on February 17 - has written to the

seniormost judge of the complex, saying the attackers were all

"apparently lawyers" and sought action against them, sources

said on Monday.

The judge described the hooliganism of lawyers in great detail,

saying a large crowd was seen "beating up whosoever was not

in la-wyers' uniform". He also mentioned that the attacks were

one-sided, the sources said.

The incident of February 15, in which journalists and students

were assaulted before the hearing in the sedition case against

Kumar, appeared to be more violent, the judge is learned to

have told the district judge of Patiala House Courts.

The sources said that the judicial officer, in his letter, re called

that on this day, a large crowd "apparently of advocates"

gathered in and around the court complex and beat up

"whosoever was not in lawyers' uniform".



CRL. M. P. No. __ OF 2016

IN

\40

WRIT PETITION (CRL) NO. ____ OF 2016



".

IN THE MATTER OF: '.">,

KAMINI JAISWAL ... PETITIONER

VERSUS

UNION OF INDIA & ORS. '" RESPONDENTS

APPLICATION FOR INTERIM DIRECTION ,

TO,

THE HON'BLE THE CHIEF JUSTICE OF INDIA AND HIS


INDIA


ABOVENAMED

I MOST RESPECTFULLY SHOWETH:




Article 14 and 21 of ,the Constitution of-India. The immediate

cause of filing this petition is the facts which have come to

I light about the blatant violation of the rule of. ~?-w and also

contempt on the face of court committed by certain lavryers,

including Respondent No.s. 3 to 5, on 15.02.2016 and



CRL. M. P. No. __ OF 2016

IN

\40

WRIT PETITION (CRL) NO. ____ OF 2016



".

IN THE MATTER OF: '.">,

KAMINI JAISWAL ... PETITIONER

VERSUS

UNION OF INDIA & ORS. '" RESPONDENTS

APPLICATION FOR INTERIM DIRECTION ,

TO,

THE HON'BLE THE CHIEF JUSTICE OF INDIA AND HIS


INDIA


ABOVENAMED

I MOST RESPECTFULLY SHOWETH:




Article 14 and 21 of ,the Constitution of-India. The immediate

cause of filing this petition is the facts which have come to

I light about the blatant violation of the rule of. ~?-w and also

contempt on the face of court committed by certain lavryers,

including Respondent No.s. 3 to 5, on 15.02.2016 and

. .

17.02.2016 In the Patiala House court premises and

complete inaction of the Delhi Police which has been exposed

by the report of 5 senior advocates dated 18.02.2016, report

dated 19.02.2016 of the National Human Rights

Commission as well the sting operation dated 22.02.2106

qonducted by the India Today news channel. . ''t."

2. That the facts of the present petition are not being

repeated herein for the sake' of brevity and same may be

deemed to be part of the present application.

3. That the report of the NHRC as well as the sting

operation conducted by the India Today sho~ .. that the

attacks on 15.02.2016 and 17.02.2016 were premeditated

and thus the attacking lavvye,rs including' the Respondent

advocates had committed contempt in the face of law by

interfering in the administration of justice.

4. That the Respondent advocates have deliberately

violated the orders passed by this Hon'ble Court on

17.02.2016 and thus committed willful defiance of this

Hon'ble Court's orders and thereby committing contempt of

this Hon ble Court.

PRAYER

Under the circumstances mentioned above, it IS

most humbly prayed that this Hon 'ble Court:

. .

17.02.2016 In the Patiala House court premises and

complete inaction of the Delhi Police which has been exposed

by the report of 5 senior advocates dated 18.02.2016, report

dated 19.02.2016 of the National Human Rights

Commission as well the sting operation dated 22.02.2106

qonducted by the India Today news channel. . ''t."

2. That the facts of the present petition are not being

repeated herein for the sake' of brevity and same may be

deemed to be part of the present application.

3. That the report of the NHRC as well as the sting

operation conducted by the India Today sho~ .. that the

attacks on 15.02.2016 and 17.02.2016 were premeditated

and thus the attacking lavvye,rs including' the Respondent

advocates had committed contempt in the face of law by

interfering in the administration of justice.

4. That the Respondent advocates have deliberately

violated the orders passed by this Hon'ble Court on

17.02.2016 and thus committed willful defiance of this

Hon'ble Court's orders and thereby committing contempt of

this Hon ble Court.

PRAYER

Under the circumstances mentioned above, it IS

most humbly prayed that this Hon 'ble Court:

\4~

a. Issue SUOlTIoto contempt proceeding, against the I

I


administration of justice and for willfully violating

the orders dated 17.02.2016 of this Hon'ble Court

I

b. Pass such further and other orders as the Court

may deem fit in the interest of justice.··~. and

CirCUlTIstances of the present case.

FILED BY:

PMJhar~ PRASHANT BHUSHAN V\

ADVOCATE FOR THE PETITIONER

DRAvVN ON: 23.02.2016

FILED ON: 214-.02.2016

\4~

a. Issue SUOlTIoto contempt proceeding, against the I

I


administration of justice and for willfully violating

the orders dated 17.02.2016 of this Hon'ble Court

I

b. Pass such further and other orders as the Court

may deem fit in the interest of justice.··~. and

CirCUlTIstances of the present case.

FILED BY:

PMJhar~ PRASHANT BHUSHAN V\

ADVOCATE FOR THE PETITIONER

DRAvVN ON: 23.02.2016

FILED ON: 214-.02.2016

kanhaiya bhusan filed pil

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