New Delhi: The Delhi High Court on Monday directed the Delhi Police Commissioner to look into and fix responsibility for the "serious lapse" outside the residence of Chief Minister Arvind Kejriwal last month when members of the BJP's youth wing breached three layers of police barricading, reached the gate and vandalised the property.
A bench headed by Acting Chief Justice Vipin Sanghi, which was hearing a plea by AAP MLA Saurabh Bhardwaj concerning the alleged attack outside the CM's residence on March 30 during a protest against his remarks on "The Kashmir Files" film, said that it was clear there was a failure on the part of the police force and that the bandobast (security arrangement) was inadequate.
"The bandobast made outside the residence of the CM and the road leading to the residence, in the wake of the permission sought on behalf of Bhartiya Janta Yuva Morcha which was declined, was not adequate," said the bench also comprising Justice Navin Chawla.
"It is very clear that there has been a failure on part of the force to prevent the incident. We want the Commissioner of Police to look into the lapse on part of the police," the court observed.
The court noted that as per the status report, certain miscreants breached the barricades and reached the gate of the residence, and said, in our view, the aforesaid lapse is a serious lapse and should be looked at by the Commissioner of Police, Delhi Police.
"He (CP) should inquire into firstly whether bandobast was adequate, secondly the reasons for the failure of the arrangements made and thirdly fix the responsibility for the lapse which admittedly has occurred," it added.
The court stated that it was not satisfied with the police status report, which was given in a sealed cover, as far as the security arrangement was concerned and granted two weeks to the police commissioner to file a further status report, including on the aspect of the review of the CM's security.
"In case of any lapse in the investigation in the matter, the magistrate concerned may look into it and there are judicial remedies available," it added.
Additional Solicitor General Sanjay Jain, appearing for the Delhi Police, stated that the investigation in the matter was ongoing and a review of the CM's security has been undertaken. He argued that a failure does not mean that the bandobast was fundamentally flawed.
"Once there is a failure, there has to come with consequences Responsibility has to be fixed so that remedial action is taken It is the constitutional office we are concerned with," said the bench.
Senior advocates Abhishek Manu Singhvi and Rahul Mehra, appearing for the petitioner, urged the court to constitute an SIT for an impartial probe into the incident - at points also comparing the breach in security to the one that took place on Prime Minister Narendra Modi's Punjab visit.
Earlier too, the court had noted that the police arrangement outside the CM's residence was clearly inadequate and had sought the status report. While the petitioners pressed for the sealed cover report to be made public, the high court denied this relief for the time being and said that the next status report should also be filed in a sealed cover.
The matter would be heard next on May 17.