The Delhi High Court on Friday granted interim protection to two suspended officers of the Delhi Police who were allegedly involved in clashes with lawyers at the Tis Hazari court complex.
A division bench of the High Court presided by Chief Justice D.N. Patel and Justice C. Harishankar directed that “no coercive action” be taken against Assistant Sub-Inspectors (ASIs) Pawan and Kamta Prasad.
The interim protection has been granted till the next date of hearing on December 23.
During the course of hearing, Rajdipa Behura appearing for the two suspended officers said, “I am seeking limited protection, I just request that there should not be any insistence of applicants’ arrest until the judicial probe is completed.”
“The lawyers and police are two legs of this society, we should live in harmony. The second prayer is by ACMM that status report should be filed however, according to protocol untill the judicial enquiry is concluded, no subordinate court can pass any order,” she added.
Opposing her submissions, Mohit Mathur, President, Delhi High Court Bar Association said that the entire grievances is initial inaction in the FIRs registered.
“Police is not investigating the case properly,” Mathur said.
ASI Pawan Kumar and Kamta Prasad approached the court seeking its directions for a no-coercive action against them until the judicial enquiry in the matter is concluded.
The petitioners have also sought staying and further quashing of the order passed by Additional Chief Metropolitan Magistrate Jitendra Singh in connection with the case.
The officials have stated that the investigation in the matter is being carried out by a Special Investigation Team (SIT) of Crime Branch and “the applicants have fully cooperated and joined the investigation as and when called.”
“The applicant shall extend his full cooperation to the enquiry ordered by the Hon’ble Court. However, the applicant ought to be allowed by the court to prevent any prejudice or travesty of justice upon him in the event that the present application is not allowed, the applicant will suffer unbearable loss,” the plea said.
Additional Chief Metropolitan Magistrate (ACMM) Jitendra Singh had directed the Delhi Police to file a compliance report stating the action taken by it in connection with the FIRs registered after the clashes.
The court had also directed the Delhi Police to preserve the relevant CCTV footage regarding the clashes between the police and lawyers at Tis Hazari court in the national capital on November 2.
The order was passed on an application by the Delhi Bar Association seeking a status report in the FIRs and issuance of directions for the arrest of the accused persons. The committee had also sought the preservation of CCTV footage of the relevant time and place.
A minor argument between a lawyer and some policemen over parking at the Tis Hazari court complex in New Delhi on November 2 flared up causing violence and arson, and also left a lawyer with a bullet injury.