SHANTANU KUMAR Vs. UOI

JUDGEMENT

(1.) THESE two writ petitions relate to the demonstration held at India Gate as a consequence of the brutal rape of a 23 year old paramedico student by six persons on 16.12.2012 and her subsequent death on account of the serious injuries inflicted on her person. A large number of persons from all walks of life joined the protest on 21.12.2012. Prohibitory orders under Section 144 of the Code of Criminal Procedure, 1973 (Cr.P.C.) were issued on 23.12.2012 at India Gate and Rajpath. Some of the protestors were so much enraged with the aforesaid incident that they indulged in rioting, pelting stones and causing injuries to police personnel and damaging public property. It was a hayday for some anti social elements who on the pretext of the protest against the apathy of the security agency indulged in instigating violence, arson, damaging of the public property and injury to public servants who were deployed for the safety and security of the general public as also the protestors.

(2.) ON 23.12.2012 FIR No.181/2012 was registered at about 7:00 p.m. on the statement of SI Pradeep Kumar in Police Station (PS) Tilak Marg. Sum and substance of the allegations made in the FIR is that a huge crowd of girls and boys had gathered at India Gate who were trying to proceed to Rashtrapati Bhawan via Rajpath. Certain barricades were put at Rajpath, C Hexagon to stop the crowd from proceeding to Rajpath. The protestors were informed that Section 144 Cr.P.C. had been enforced. It was averred that the persons from the crowd damaged govt. vehicles and a DTC bus parked near India Gate. Some persons from the crowd also damaged CCTV cameras. Some of the protestors were armed with poles and also took out ballies and pipes (installed at India Gate for the Republic Day parade) and put fire to the security posts built for the Republic Day function. The police had to use water cannon to disperse the crowd but to no avail. Some of the persons who were part of the crowd were pelting stones and throwing broken pieces of glass on the police personnel. The crowd continued with arson and violence which compelled the police to use teargas shells. According to the FIR, information with regard to suffering of serious injuries by Constable Subhash Tomar was also received. Some police personnel also suffered injuries at the hands of the protestors. Some of the protestors and the police personnel who suffered injuries were also medically examined at Dr. Ram Manohar Lohia (RML) hospital. Fire brigade vehicle No.DL- 1GB-5741, a Maruti Suzuki SX4 car belonging to Govt. of India and a CATS ambulance were damaged by the protestors. As per the allegations made in the FIR, Constable Vipin, Constable Tejinder, Head Constable Jagdish and Constable Narottam apprehended eight accused who were part of the crowd (unlawful assembly). The FIR was registered under Sections 186/353/188/147/148/149/307/332/34 of the Indian Penal Code (IPC) and Section 3 of the Prevention of Damage to Public Property Act, 1984.

(3.) IT is averred that Petitioner No.1 Shantanu Kumar is a student of B.A. course at School of Open Learning, University of Delhi. He left Rohini by Metro at about 2:30 p.m. and reached Rajiv Chowk Metro. From there out of curiosity, he went to India Gate to watch the protest and reached there by 4:30 p.m. He stood there for about half an hour and watched the demonstration. Suddenly, a teargas shell exploded in front of him and in the commotion that followed, an old man was having trouble getting across to the main road so the first Petitioner simply helped him to the point where the news vans were parked. While he was walking towards Tilak Marg, he was asked by some policemen to run away. While he was running (near Bhagwan Dass road red light) a policeman threatened him with a lathi and apprehended him.