SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Karan Singh Chohan & Ors. vs Govt. Of Nct Of Delhi & Anr. on 7 May, 2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 7th May, 2019
+ W.P.(CRL) 1486/2017

KARAN SINGH CHOHAN ORS. ….. Petitioners
Represented by: Mr.Colin Gonsalves, Sr.Advocate
with Ms.Aditi Gupta, Advocate

versus

GOVT. OF NCT OF DELHI ANR. ….. Respondents
Represented by: Mr.Rahul Mehra, Standing Counsel
with Mr.Rajesh Mahajan, ASC for the
State and Insp.Vikas Rana and SI
Priyanka, STF Crime
CORAM:
HON’BLE MS. JUSTICE MUKTA GUPTA

MUKTA GUPTA, J. (ORAL)

1. By this petition the petitioner sought setting up of a Special
Investigating Team consisting of senior officers to investigate into the
crucial lacks allegedly committed in the incident which took place on 21 st
February, 2017 in the Seminar Hall of Ramjas College. Grievance of the
petitioner in this petition was that statements of victims were not being
recorded and the CDs and video footages handed over by the petitioners
were not being looked into.

2. A status report has been handed over by learned Standing Counsel for
the State as per which the statements of four victims out of the five victims
whose names were given on the last date of hearing by the petitioners stating
that their statements have not been recorded, have been recorded and despite
notices being issued Ms.Meghna Mehra did not join the investigation.

W.P.(Crl.)1486/2017 Page 1 of 6

Learned counsel for petitioners states that Ms.Meghna Mehra will join the
investigation with ACP Pankaj Singh and SI Priyanka tomorrow at 11:00
AM at their office at Sun Light Colony.

3. By this petition, the petitioners had sought the following prayers:-

“a. Issue a writ of mandamus or any other writ, order or
direction for the setting up of an SIT consisting of
independent officers of integrity to do a Court monitored
investigation and prosecution of all the persons engaging in
the criminal acts as set out in this petition.
b. Order directing this SIT to immediately arrest the
persons as set out in the petition and the videos who are
seen engaging in criminal acts and thereafter subject them
to custodial interrogation.

c. Issue an order directing the SIT to identify the colleges
where the assailants are studying and thereafter to direct
such colleges to suspend and thereafter rusticate these
students in accordance with law.

d. Issue an order directing the SIT to identify the
assailants and the organisation behind the conspiracy
whose members participated in the assaults and thereafter
to direct the Govt. of NCT of Delhi to pay each victim of the
assaults ₹5 lakhs, as well as ₹1 lakh for the destruction of
the camera of Apurva Choudhary, with liberty to recover
the amounts paid from the assailants.

e. Issue an order directing the SIT to identify the police
personnel who engaged in criminal acts including the
criminally negligent act of not restraining the assailants and
allowing them deliberately to carry out repeated attacks,
during the incident and to suspend and thereafter to
prosecute them in accordance with law.

f. For an order directing an independent and upright
officer as may be chosen by this Hon’ble Court to proceed
against the policemen who were guilty of criminally

W.P.(Crl.)1486/2017 Page 2 of 6
negligent acts and other offences such as assaults,
departmentally and to suspend and dismiss them from
service in accordance with law.

g. Pass such other order or orders as this Hon’ble Court
may deem fit and proper in the facts and circumstances.”

4. After the present petition was filed this Court on 17th May, 2017 noted
that a PIL seeking action in the matter was pending before the Division
Bench pursuant whereto a Committee has been constituted comprising of the
Joint Commissioner of Police, Crime; DCP, Vigilance; and DCP (Special
Protection Unit, Women and Child-Lady Officer) and the Joint CP, Crime
has been designated as Head of the Committee.

5. Pursuant to the status report filed in this Court on 22nd January, 2018,
this Court noted that for the incident that occurred on 21 st February, 2017,
FIR No.28/2017 has already been registered and statements of 62 witnesses
have been recorded. 25 MLCs were collected and unedited raw footages of
the incident and five video footages obtained were sent to forensic lab.
Further two CDs and one pen drive containing video footages provided by
the local police of PS Maurice Nagar were also sent to forensic lab. A
lawyer had also provided a CD which was also sent to forensic labs. The
CD and photographs received from the complainant were also investigated
and sent to FSL.

6. The CDs and video footages were duly collected by the investigating
agency and sent to the FSL pursuant whereto a comprehensive report with
regard to all the exhibits have been received. As per the status report filed
today till now 95 witnesses including students, professors and police officers
have been examined and their statements have been recorded under Section
161 Cr.P.C. Total 25 MLCs including those of police officers, students etc.

W.P.(Crl.)1486/2017 Page 3 of 6
were collected from the hospital and in each of the MLC the nature of injury
was simple caused by blunt object. CDs and video footages were not only
collected from the local police and the petitioners but from various news
channels, agencies, media etc. and all were sent to FSL. Report of the FSL
has been received on 23rd March, 2018 out of which exhibits 3A, 3B, 3C and
4C were found to be unedited and there was no indication of alteration.

7. Exhibits 3A and 3B were recordings by the private photographer hired
by the local police which show as under;-

“Activists of AISA and ABVP are seen sloganeering and
scuffling with each other and arguing with police personnel.
They were seen trying to reach each other and obstructing
police official when they were trying to stop them. Activists
of ABVP were seen climbing on police bus and raising
slogans. Students are also seen trying to obstruct/stop
police persons. ABVP activists were seen forcibly entering
into Ramjas College, while police personals were seen
trying to stop them. Police persons by making a human
chain could be seen between both the groups and trying to
control the situation. Both the groups could be seen
aggressively approaching towards each other and police
were trying to stop them. ABVP activists were seen
scuffling with AISA girl activists , who were separated by
police personnels. ABVP activists were seen sloganeering
inside the Ramjas College also.

ABVP and AISA activists were seen sloganeering. There
were scuffle between the students and police were trying to
control the situation but, obstructed by both the group
activists. ABVP activists were seen forcibly entering into
Ramjas College, while police officials were seen trying to
stop them, but they caused obstruction to the police
personnel in performing their duties. There were scuffle
between lady activists of ABVP and lady activists of AISA
group, while women police officals and other police staff
were seen trying to stop them, but were obstructed by the

W.P.(Crl.)1486/2017 Page 4 of 6
activists. A huge gathering of students raising slogans
could be seen in the video footage.”

8. Ex.3C was the footages of CCTV camera installed in the police
station Maurice Nagar in which police and public persons were seen
entering the police station with no scuffling, sloganeering or quarrel.

9. Ex.4A, 4B and 4C were provided by the petitioner Karan Singh
Chohan along with the petition. The result of FSL on the said exhibits is
that 7 video files were available in Ex.4C out of which there was no
indication of any alteration in video files 1 to 6 whereas video file number 7
contained post production edited version of a video footage. On
examination of video files numbered as 1 to 6 showed as under:-

“(a)Activists of AISA were seen sloganeering and in an
altercation with police personnel. One identified female
activist of ABVP was seen beating an identified female
activist of AISA and police is trying to stop her. Then
activists of ABVP are seen climbing on police bus and
raising slogans.

b) Both the groups were seen arguing with each other
and raising slogans against each other and police were
trying to defuse the situation.

c) Both the groups were seen raising slogans and
scuffling with each other.

d) Activists of AISA were seen sloganeering and activists
of ABVP were trying to chase them and were scuffling with
police personnel, while they were being stopped by the
police.

e) Both the groups were appear aggressive and were
raising slogans against each other and trying to reach
each other and obstructing police officials, when they were
being stopped by them.

W.P.(Crl.)1486/2017 Page 5 of 6

f) Multiple video shots in which AISA activists were seen
raising slogans against ABVP.”

10. Learned Standing Counsel for the State submits that Ex.4A and 4B
were found post production edited versions and hence no opinion could be
given on the same.

11. Learned Standing Counsel for the State on instructions submits that
based on the statement of witnesses Section 354 IPC has also been added to
the cases and in view of the statements recorded and unedited video footage
and photographs recovered the charge sheet will be filed within four weeks
before the Court of competent jurisdiction.

12. Based on the analysis of the mirror images of the unedited video
footages and statements of the witnesses, 22 individuals were identified to
be involved in violence, sloganeering, unlawful assembly and obstruction of
public servants. As noted above statements of four victims as mentioned by
the petitioners out of 5 victims have already been recorded and directions
have been issued to examine Ms.Meghna Mehra tomorrow. In view of the
statement of learned Standing Counsel for the State that the investigation is
on the verge of completion and charge sheet will be filed within four weeks
no further orders are required to be passed in this petition.

13. Petition is disposed of.

(MUKTA GUPTA)
JUDGE
MAY 07, 2019
‘mamta’

W.P.(Crl.)1486/2017 Page 6 of 6

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation