SC issues notices to Delhi govt, Centre on Kejriwal dharna

The Supreme Court on Friday issued notices to the Delhi government and the Centre on two public interest suits. It asked the Delhi police commissioner and law enforcement authorities to explain why despite the imposition of prohibitory orders under Section 144 of the Criminal Procedure Code, the police had allowed people to assemble near Rail Bhavan during the two-day agitation by the Aam Aadmi Party (AAP).

The court asked the authorities to explain whether the police had acted expeditiously in dispersing the unlawful gathering after directing it to go away.

A bench headed by R M Lodha will look into the issue of whether a constitutional post holder (Delhi Chief Minister Arvind Kejriwal) could resort to agitation, in violation of the law.

AAP spokesperson Deepak Vajpayee said, “AAP will respond appropriately, at the appropriate time. We have one and a half months.”

The judges asked Additional Solicitor General Siddharth Luthra why the gathering was permitted when more than four persons couldn’t assemble after prohibitory orders were passed. The assembly of hundreds of people could have been visible to the police if only they were vigilant, the judges said. As Luthra sought to discuss the matter with the police commissioner, the court adjourned a hearing on the matter for six weeks.

The two suits were filed by lawyers Manohar Lal Sharma and N Rajaraman, who alleged ministers and AAP workers had violated the rule of law and should be prosecuted. Their counsel said the chief minister, his cabinet colleagues and partymen, also defied a 2009 judgment in which detailed guidelines had been laid down for conducting dharnas and demonstrations. The guidelines had also provided for compensation for destruction of property by demonstrators. A commission should be set up to assess the financial damage caused and the guilty should be compelled to pay for it, the counsel argued.