Security outside Delhi CM's residence during attack was inadequate: High court

The Delhi high court on Thursday directed the city police to submit a status report of the investigation into Wednesday's violence outside chief minister Arvind Kejriwal's residence.

The security outside chief minister Arvind Kejriwal’s residence was inadequate at the time it was vandalised by protesters on Wednesday, the Delhi high court observed on Friday after watching a video of the incident, as it directed the city police to submit a status report of the investigation into the violence.

Protesters vandalising the CM’s residence on Wednesday. (Sourced)

A bench, of acting chief justice Vipin Sanghi and justice Navin Chawla, was hearing the plea filed by the Aam Aadmi Party’s (AAP) Greater Kailash (GK) legislator Saurabh Bhardwaj that sought the constitution of a Special Investigation Team (SIT) for a “fair and time-bound investigation”.

Calling the crowd “unruly”, the court said it was evident they were trying to create an element of fear.

“It was an unruly crowd. We have seen the video. Some people tried to climb over the gate. They did not succeed. Probably it was not their intent also. Some of those in crowd have taken law-and-order into their hand. And there’s definitely an element of fear which has been sought to be created, that is evident. The police force was probably inadequate, you’ll have to answer that... At least those who were there, they were trying to prevent it. Probably they were outnumbered. You’ll have to explain what kind of intimation you had and what kind of threat perception was there about this kind of incident taking place,” the court said, as it directed the police to file the report in two weeks.

Delhi Police spokespersons did not respond for comment.

Protesters led by Bharatiya Janata Party (BJP) MP from Bangalore South Tejasvi Surya vandalised property at Kejriwal’s house and clashed with the police during a demonstration against the AAP leader’s comments on the movie The Kashmir Files.

Some, including Surya, managed to reach the main gate of the residence, threw paint on the steel door, damaged a boom barrier and CCTV installed near the gate, police said.

Eight people were on Thursday arrested in connection with the violence.

A day after the violence, Kejriwal said hooliganism would not help the country progress and that he was prepared to lay down his life for the country. The BJP has, meanwhile, accused the AAP of spreading falsehoods to “divert attention” from Kejriwal’s “statements on Kashmiri Pandits.“

In the high court on Friday, additional solicitor general (ASG) Sanjay Jain, appearing for the Delhi Police on Friday, opposed the notice issued to the force, saying the petition should not have been filed within 24 hours of the incident.

He said they would file a status report in a sealed cover since the matter is under investigation.

The court responded, saying, “Mr Jain, if you are so sensitive to issuing notice, we will say you appear on advance notice. We are only seeking basic details.”

Jain termed the petition a “publicity stunt” as the copy of the plea was made available to the media before it was served to them. He also submitted that the petition falsely presumes that no FIR has been filed when, in fact, the Delhi Police registered a suo motu case in the matter, adding that the chief minister’s office did not register a complaint in the matter.

He also informed the court that an FIR was registered and city police have already taken action and intends to take other steps to address concerns of the petitioner. The court was told eight people have been arrested. Delhi Police will set up a meeting with the CM Secretariat to understand the CM’s threat perception, Jain said.

Seeking a fair and time bound investigation into the alleged attack outside the residence of the CM, Bhardwaj, in his petition has alleged that the vandalisation appears to have been carried out with Delhi police’s tacit complicity.

The plea alleged that on March 30, several BJP “goons”, in the garb of a protest, launched an attack on the CM’s official residence.

It alleged that videos and photographs show that these goons casually walked through the security cordon (maintained by the Delhi Police), kicked and broke the boom barrier, broke the CCTVs cameras with lathis, threw paint on the gate of the residence and almost climbed over the gate, while Delhi Police personnel simply looked on, doing little to stop the protestors.

It sought a probe into the role of Delhi Police officers responsible for maintaining the security cordon outside the CM’s residence.

It said the police’s inaction was in blatant violation of the high court’s August 22, 2017, order wherein the police were directed to ensure that no unnecessary protest takes place on the road in front of the chief minister’s house, since it is a residential area.

On Friday, when ASG Jain, questioned Bhardwaj’s locus standi and argued that the AAP MLA was neither an aggrieved party nor present at the scene, the court said, “Any citizen, political or not could have filed this. This is a constitutional functionary we are talking about. He is the CM.”

Senior advocate Abhishek Manu Singhvi, appearing for Bharadwaj, submitted that CCTV footage of the incident should be preserved.

Citing the order of the Supreme Court in the Prime Minister’s security breach matter, Singhvi said they are seeking a similar SIT probe into this incident.

There was a breach Prime Minister Narendra Modi’s security in January this year, when his motorcade was stuck on a highway in Punjab’s Ferozepur district for 15-20 minutes as protesters blocked his route.

“This person (the Delhi chief minister) enjoys Z-level security. Now they are here offering that Delhi Police, which was in charge of his security, will hold a meeting for future,” he submitted, insisting that they only have recourse to constitutional courts.

The deputy commissioner of police (North Delhi) told the court they would preserve the security camera footage from outside the CM’s residence as well as the arterial roads around his home.