Delhi HC rejects PIL for probe into conflicting accounts of police lathicharge during CJP protest

The Delhi High Court on Wednesday dismissed a public interest litigation (PIL) seeking directions to the Delhi Police to set the record straight on whether there was any lathi charge during the Cockroach Janata Party (CJP) protest in the national capital.

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia pulled up the petitioner for filing the PIL, stating that just because some media reports contradict the Delhi Police's stand does not make it a subject matter of a PIL.

"All sorts of matters are filed [as PIL]... Everything that catches your imagination after reading the newspaper, you will file a petition?" the Court remarked.

It added that there was no public interest involved in the plea.

The PIL was filed by one Nitin Naresh. He told the Court that he was a member of the media and had made a representation before the Delhi Police highlighting the conflict between the police's stand and the news reports. Naresh told the Court that he was seeking a direction to the police to decide the representation.

The Court said that a plea can be filed in court only if there is a dispute between the two parties or if there is a violation of a person's rights. Chief Justice Upadhyaya said that media reports conflicting with the police's statement do not make something a subject matter of the PIL.

Naresh asked the Court about who will set the accountability if the Court does not entertain his PIL. Chief Justice Upadhyaya responded,

"These high-sounding words, accountability, transparency, are not to be used in a vacuum like this. What is your petition? Delhi Police issued a statement, that statement is being contradicted by the media and you are asking us to get an inquiry conducted into it. Is there a duty on the Delhi Police to decide your representation?"

Ultimately, the Bench dismissed the PIL.

Central Government Standing Counsel (CGSC) Nishant Gautam represented the Union of India and the Delhi Police.