Fresh violence in Patiala House, SC asks CP to ensure safety

The Supreme Court today directed Delhi Police Chief B S Bassi to personally ensure safety and security of persons including arrested JNUSU President Kanhaiya Kumar,who is facing sedition charge, in Patiala House courts complex here after a fresh round of violence broke out.
The order was given on a day of fast paced developments when the court had to step in and rush a six-member panel of advocates appointed by it to Patiala House courts in the afternoon after it was apprised of fresh incidents of violence involving persons in black robes.
After the panel gave an oral report mentioning that situation at the Patiala House Court was "unprecedented" and the "atmosphere was of fear and terrorising" and that Kumar was "manhandled", a bench comprising Justices J Chelameswar and A M Sapre made it clear that "the responsibility is exclusively is that of the Commissioner of Police, Delhi to ensure the safety of the accused."

The panel claimed they bore the brunt of people in lawyers' robes who hurled abuses and expletives at them.
"This particular atmosphere is unprecedented. Police did not do their job. The crowd broke the cordon and threw water bottles and sharp-edged flower pots on us. This is broadly the report," they said, adding that "there is a serious threat to the life and safety of the accused and this police will be unable to save him."
Inside the courtroom, the judges said, "We also direct that Commissioner of Police shall take necessary steps to ensure the safety of the accused until he is produced next before the trial court.

"We may place on record that it is reported today by the members of the Committee that the accused was manhandled while he was produced before the Court today. We therefore make it clear that the responsibility is exclusively is that of the Commissioner of Police, Delhi to ensure the safety of the accused," it said and posted the matter for hearing tomorrow.

Kumar, who is facing sedition charge for allegedly raising anti-India slogans, has been remanded in judicial custody by a Metropolitan court till March 2.
The top court had earlier in the day issued directions to Police and the Delhi High Court Registry in the morning to ensure safe and smooth proceedings in the lower court but again had to step in in the afternoon after it was told that violence had erupted.

Soon after the lunch recess at 2.15 pm, senior advocates
Kapil Sibal, Indira Jaising and advocate Prashant Bhushan made an "extraordinary mention" in the court that inspite of the order passed in the forenoon, a tense situation is building up in the Patiala House Courts Complex, where a group of lawyers and others are resorting to violence threatening the security of Kanhaiya Kumar and his counsel.
They informed that the Metropolitan Magistrate in the Patiala House Courts Complex where the proceedings were going on, in order to ensure the safety of those persons, has directed Kanhaiya and his counsel to take shelter in his chamber.

The court noted the plea of the advocates that appropriate directions be given in the situation to rescue the accused and his lawyers and that even the five journalists who were allowed to attend the proceedings were feeling afraid of their safety.
Taking on record the submission, the bench called upon senior advocate Ajit K Sinha, who was representing the Commissioner of Police, Delhi to contact him and obtain instructions within ten minutes as to the situation prevailing in the Patiala House Courts Complex.
The court noted that despite making several calls Sinha was unable to contact the Police Commissioner, understandably because of the situation.

Later, he contacted him and took instructions about the prevailing situation.
Accordingly, the bench appointed six senior members of the Bar to proceed to the Patiala House Courts Complex and report the situation prevailing there.
Noting all the developments, the bench said, "In the above mentioned circumstances, we thought it fit to depute some members of the Bar of this Court to observe the situation and report to this Court. We also believe the presence of the senior advocates might help defuse the tension."
The bench also called the DCP (Security) of the Supreme Court complex Mahesh Bhardwaj and asked him to provide protection to the six-member panel for taking them to the apex court.

The bench also orally asked Sinha to make a request to the magistrate that if needed the proceedings before him can be adjourned and those present inside the court room can be evacuated.