SC to hear PIL
NEW DELHI: Supreme Court Friday agreed to hear Monday a PIL by an advocate for framing and scrupulous implementation of national guidelines ensuring “no police officer or security personnel shall carry out crowd control, public assembly management or arrests in plainclothes without displaying identity”.CJI Surya Kant clarified that he was misquoted in the media when he refused to entertain another advocate who was highlighting the issues arising from the July 20 protest march and police action.In his plea, Shailendra Mani Tripathi sought an independent commission headed by a retired SC judge to inquire into the excessive force used against students and arbitrary detentions by Delhi Police during Monday’s CJP’s march to Parliament, and suspension and prosecution of all identified delinquent police officers.He urged SC to ban “rolling, repetitive, or blanket prohibitory orders in any area without an objectively verified, proximate and recorded threat of grave public disorder”.He also said the court must direct authorities not to prosecute any person for political dissent, academic critique, peaceful protest or criticism of govt unless there is a “direct, proximate, and imminent incitement to armed rebellion or secessionist violence”. The PIL, filed through advocate Chand Qureshi, sought a declaration that “any use of coercive force by unidentifiable or plainclothes personnel during public assemblies as arbitrary, illegal and a major service misconduct”.Referring to the earlier petition and his reported remarks, the CJI said, “He (petitioner) said he has filed a petition and sent a letter to SC. On inquiry, we found that neither the petition had been filed nor the letter had been sent. How can a court entertain a plea without a single paper before it?” the CJI asked.
