Social activist and JNU alum, ND Jayaprakash has a filed a PIL in the Supreme Court after the violent scenes witnessed at the Patiala House courts yesterday..The matter was mentioned at 2 pm by Senior Advocate Indira Jaising before Chief Justice of India TS Thakur who agreed to hear the case tomorrow..In his petition, Jayaprakash has contended the violation of Article 21, submitting that a fair and impartial judicial proceeding, is a fundamental right of every person.The petition seeks appropriate directions to be issued to the Union Home Ministry including the police to ensure the safety and security of persons inside the court premises during the trial of Kanhaiya Kumar, President of Jawaharlal Nehru University Students’ Union..As per the petition,.“…due to the surcharged and vitious atmosphere in the Court premises, that it was not possible to even produce the accused as violence broke out soon after the court was to assemble at 2.00 pm….It is submitted that violence in the court complex can never be permitted or countenanced. It is so serious a breach so as to tantamount to criminal contempt of court and denial of access to justice.”.The petition gives the details of the incidents that transpired in the Patiala House court complex yesterday..According to the petition, the advocates initially came inside the court and unseated the visitors present contending that the chairs are meant only for advocates..“While the Petitioner was seated in the court room along with a group of about 7 or 8 professors and students from JNU, waiting for the court proceedings to commence, a group of lawyers barged into the court room and asked them to vacate the chairs on which they were sitting, claiming that the chairs were only meant to be occupied by advocates. While the Petitioner and one other male professor told the lawyers they would vacate the chairs and there was no need for them to get agitated, the said group of lawyers suddenly became violent and slapped and physically assaulted the male professor..Meanwhile, some of the persons in that group of lawyers also started shouting that there was no need for them to learn manners from “Pakistani agents” and asked the Petitioner and the others to vacate the court room. The female professors refused to move from there, which caused the said group of lawyers to abuse them. The lawyers of Kanhaiya Kumar, who rushed into the court room hearing the commotion were also abused and manhandled…”.The Petitioner has, further, alleged that the police posted in Patiala House remained mute spectators to the whole incident..“The large contingent of police, including senior officers, who were stationed outside the court room, remained mute spectators while we were being beaten and pushed out of gate No.2 of Patiala House..The atmosphere was so surcharged that even the women journalists were not spared and were not permitted to discharge their journalistic duties and be able to report the events as witnessed by them directly.”.Contending that judicial functioning requires calm and tranquil atmosphere and that yesterday’s incident in Patiala house courts raises a serious threat to the life of the accused, the petitioner has made the following prayers:.“For an appropriate writ, order or direction directing Respondent to ensure that the proceedings against Kanhaiya Kumar at the Court of the Metropolitan Magistrate Loveleen, is carried out in a manner which is not prejudicial to the fundamental rights of the persons, such as the Petitioner, attending the proceedings;.For an appropriate writ, order, or direction directing Respondent to ensure that Court of the Metropolitan Magistrate Loveleen free of persons causing physical harm, any form of intimidation or any disturbance…;.To direct the Respondent to safeguard the CCTV footage in and around the said Court No.4 of Shri Loveleen, which may be used as evidence in any further proceedings in the matter.”.Meanwhile, a large contingent of journalists took out a march from the Press Club to the Supreme Court protesting against the incidents in Patiala house..Interestingly, a strong Delhi police contingent was present all along until the march was stopped near the Supreme Court.
Social activist and JNU alum, ND Jayaprakash has a filed a PIL in the Supreme Court after the violent scenes witnessed at the Patiala House courts yesterday..The matter was mentioned at 2 pm by Senior Advocate Indira Jaising before Chief Justice of India TS Thakur who agreed to hear the case tomorrow..In his petition, Jayaprakash has contended the violation of Article 21, submitting that a fair and impartial judicial proceeding, is a fundamental right of every person.The petition seeks appropriate directions to be issued to the Union Home Ministry including the police to ensure the safety and security of persons inside the court premises during the trial of Kanhaiya Kumar, President of Jawaharlal Nehru University Students’ Union..As per the petition,.“…due to the surcharged and vitious atmosphere in the Court premises, that it was not possible to even produce the accused as violence broke out soon after the court was to assemble at 2.00 pm….It is submitted that violence in the court complex can never be permitted or countenanced. It is so serious a breach so as to tantamount to criminal contempt of court and denial of access to justice.”.The petition gives the details of the incidents that transpired in the Patiala House court complex yesterday..According to the petition, the advocates initially came inside the court and unseated the visitors present contending that the chairs are meant only for advocates..“While the Petitioner was seated in the court room along with a group of about 7 or 8 professors and students from JNU, waiting for the court proceedings to commence, a group of lawyers barged into the court room and asked them to vacate the chairs on which they were sitting, claiming that the chairs were only meant to be occupied by advocates. While the Petitioner and one other male professor told the lawyers they would vacate the chairs and there was no need for them to get agitated, the said group of lawyers suddenly became violent and slapped and physically assaulted the male professor..Meanwhile, some of the persons in that group of lawyers also started shouting that there was no need for them to learn manners from “Pakistani agents” and asked the Petitioner and the others to vacate the court room. The female professors refused to move from there, which caused the said group of lawyers to abuse them. The lawyers of Kanhaiya Kumar, who rushed into the court room hearing the commotion were also abused and manhandled…”.The Petitioner has, further, alleged that the police posted in Patiala House remained mute spectators to the whole incident..“The large contingent of police, including senior officers, who were stationed outside the court room, remained mute spectators while we were being beaten and pushed out of gate No.2 of Patiala House..The atmosphere was so surcharged that even the women journalists were not spared and were not permitted to discharge their journalistic duties and be able to report the events as witnessed by them directly.”.Contending that judicial functioning requires calm and tranquil atmosphere and that yesterday’s incident in Patiala house courts raises a serious threat to the life of the accused, the petitioner has made the following prayers:.“For an appropriate writ, order or direction directing Respondent to ensure that the proceedings against Kanhaiya Kumar at the Court of the Metropolitan Magistrate Loveleen, is carried out in a manner which is not prejudicial to the fundamental rights of the persons, such as the Petitioner, attending the proceedings;.For an appropriate writ, order, or direction directing Respondent to ensure that Court of the Metropolitan Magistrate Loveleen free of persons causing physical harm, any form of intimidation or any disturbance…;.To direct the Respondent to safeguard the CCTV footage in and around the said Court No.4 of Shri Loveleen, which may be used as evidence in any further proceedings in the matter.”.Meanwhile, a large contingent of journalists took out a march from the Press Club to the Supreme Court protesting against the incidents in Patiala house..Interestingly, a strong Delhi police contingent was present all along until the march was stopped near the Supreme Court.