The submissions were made by Additional Solicitor General Sanjay Jain, on behalf of the Police Commissioner, before a bench of Justice Ashutosh Kumar on a plea seeking probe by Special Investigation Team against police officials and compensation to those injured in the lathicharge on July 19.
"These petitioners were the person of youth wing of Aam Aadmi Party (AAP), they protested outside the police station and went unruly at the behest of top brass of the party," Jain said.
Jain said just because the FIR was not listed on their complaint against police officials, does not mean that SIT should be constituted. "Like FIR can't be registered against individuals recklessly, similarly FIR can't be registered against police officials recklessly," he said.
The bench then asked ASJ as to why SIT probe should not be ordered as the police had not registered FIR on the complaint against its officials till now.
"Why should not an independent agency probe into the allegations? Would there be any objection if direction for SIT probe is issued, as till now no FIR has been registered by Police on the complaint by the petitioners," the bench asked.
"If FIR was not registered on your complaint, then why did you not take recourse as per provisions of law before the magistrate under section 156 (3) of CrPC," the judge said.
The bench directed the petitioner Ankush Narang and others to file a detailed reply on the counter affidavit filed by the Delhi Police comissioner, DCP and SHO of Ranjeet Nagar police station by December 3.
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