Delhi High Court Dismisses PIL Against CJP Protestors

thelawmonitor
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Delhi High Court Dismisses PIL Against CJP Protestors

The Delhi High Court has declined to entertain a public interest litigation (PIL) filed by the Save India Foundation. The NGO sought directives for the Delhi Police to take criminal action against members of the Cockroach Janta Party (CJP) who were accused of engaging in violent demonstrations, including arson and assault on police officers, at Jantar Mantar. The court’s decision was delivered by a bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia.

The bench advised the petitioner to approach the relevant authorities who could take appropriate legal measures. “After hearing the counsel for the petitioners, we believe that in light of the Supreme Court’s rulings concerning the Damage to Public Properties Act and the 2018 judgment, the petitioner may present their case to the concerned authorities. The authorities are expected to address the representation and take any warranted legal action, with the decision being communicated to the petitioner,” the court stated.

The plea claimed that the Delhi Police failed to act against the protestors who allegedly attacked police personnel and caused damage to public property. The petition further alleged that the protestors were employing tactics similar to those seen in civil unrest in countries like Sri Lanka, Bangladesh, and Nepal, using social media to incite the public to challenge the current government. Furthermore, it was noted that some lawyers were offering free legal aid to the protestors.

“There is a systematic spread of media messages that reference recent civil unrests in neighboring countries, inciting similar actions here to challenge the current government. Additionally, some legal professionals are misusing their positions to encourage citizens to bypass legal frameworks by promising free legal aid and immunity from criminal repercussions,” the petition argued.

The petition accused the protestors of seeking to overthrow the democratically elected government by issuing ultimatums for the resignation of the Union Education Minister. “The protestors’ strategy involves coordinated actions fostering resistance against the government, escalating into hate speech and demands for government overthrow, with threats of severe consequences if key organizers are detained,” stated the plea.

The NGO argued for criminal actions against the protestors, emphasizing the necessity of ensuring the safety and security of Delhi’s citizens from violent demonstrations. However, the High Court has previously criticized the NGO for filing what it deemed “frivolous” PILs, particularly those targeting religious sites like masjids and dargahs.

In a February 24 order, the court noted that the organization filed 37 PILs between 2024 and 2026, along with 11 writ petitions, without genuine public interest. On February 11, the court expressed its displeasure with the NGO’s repetitive PIL filings alleging encroachments by mosques and commenting on these issues via social media. During a January 14 hearing, the court had also criticized the NGO for its focus on targeting religious sites.

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