Image source: Sajjad HUSSAIN / AFP via Getty Images
A hearing was held in the Supreme Court on Thursday regarding the behavior of the police with protesters, lawyers and journalists during the recent protests in Delhi.
During the hearing, many serious allegations were made against the police like beating of protesters, assault on a lawyer in the police station, sexual harassment of women journalists and confiscation of electronic devices of journalists.
Apart from this, the issue of denotifying Jantar Mantar as a protest site and demonstrations taking place around the courts was also raised.
Senior advocate Ramakrishnan alleged that the protesters were beaten badly. He told the Supreme Court, "People were beaten badly. This continues even now. Custodial violence cannot be tolerated."
Senior Advocate N. Hariharan separately alleged that a lawyer was assaulted inside the police station. He said, "The lawyer was beaten at the police station. His head was cracked and he was bleeding." He also said that footage of the alleged assault was present in a pen drive.
Ramakrishnan also sought answers to five complaints allegedly sent to senior police officers during the protest. “Those complaints are on record,” he said. He said that these emails were sent to DCP, SHO and ACP. These also include emails sent late at night.
Accusations of sexual assault on female journalists
Image source: Vipin Kumar/Hindustan Times via Getty Images
Senior advocate Indira Jaising, appearing in a petition related to allegations of sexual violence against women journalists, said that women journalists reporting from protest sites face special threats.
"When they go to a protest site, they are in a class of their own because they not only have the right to speak and demonstrate, but they also have the right to work," she said.
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Jaising alleged that female journalists were sexually harassed and "pushed and pulled, especially by male police officers."
Demanding an independent investigation, she said, "I don't want a police investigation. They can't investigate themselves. They can't be a judge in their own case."
He proposed to form a committee of women, which would include a retired judge and a retired IPS officer. He also asked for permission to give the names of the women who complained in a sealed envelope. Chief Justice Surya Kant said that his sensitive situation would have to be handled with "great sensitivity and caution".
Jaising further alleged that an FIR was not registered on the molestation complaint of a female journalist, while the concerned police officer approached the Delhi High Court under the SC/ST (Prevention of Atrocities) Act.
She told the court, "I am representing a woman who was molested very badly. She went to the police station to lodge an FIR. No FIR was lodged."
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Solicitor General Tushar Mehta opposed giving protection to everyone from the FIR together. He said that the officials should be given a chance to reply. The Chief Justice directed them to complete the investigation soon and said, "The allegation is very serious. Whatever consequences are there, they should be revealed as per the law."
Mehta replied, "We will do it in a week."
When Mehta said that the journalist would not be arrested in the meantime, Jaisingh objected and said, "No! We will not cooperate with you."
After this, the bench directed to provide protection to the concerned female journalist from any coercive action. The court made it clear that this protection will not apply to all women journalists in general.
Senior advocate Mukta Gupta challenged the denotification of Jantar Mantar as a protest site. He said, "The fundamental right of a citizen to demonstrate cannot be suppressed."
Referring to the Supreme Court's decision in the Mazdoor Kisan Shakti Sangathan case, he said, "New Delhi is not just for a select few."
The Solicitor General said that a committee has investigated the issue and submitted its report. The court issued notice on this challenge.
'Why were the journalists' devices confiscated?'
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Senior advocate C.U., appearing for Delhi Union of Journalists. Singh alleged that electronic devices of journalists have been confiscated.
He said, "Why are electronic devices being confiscated? Their livelihood depends on them. Their work depends on them. Their content is on those devices. Those devices should be returned to them."
Mehta denied the allegation, saying, "No device has been seized." The court issued notice on this petition.
At the same time, senior advocate Gaurav Bhatia demanded to control the demonstrations taking place around the courts. He described the demonstration in the Supreme Court complex as "completely unacceptable".
He said around 200 lawyers have signed a memorandum expressing concern about "pressurizing the judiciary".
On this the Chief Justice said, "Nobody can put pressure on the judiciary."
He clarified that the court is not currently initiating contempt proceedings. The Chief Justice said, "No contempt proceedings today. We are just issuing the notice. First let's see what the reply comes, then we will take it forward."
Published by Collective Newsroom for the BBC.
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