CJP protest violence: SC issues fresh directions to HPEC, stresses witness confidentiality

The Supreme Court has issued fresh directions to the High Power Enquiry Committee (HPEC) probing the July 20 Cockroach Janata Party protest, asking it to prioritise allegations of pellet gun use, targeted violence, harassment of women protesters, excessive force and property damage, while ensuring the confidentiality of vulnerable witnesses.

In an order uploaded on September 15 night, a Bench headed by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and V Mohana laid down the sequence for the HPEC to follow while examining the issues.

The HPEC may also create a separate online portal through which witnesses can submit documents and other evidence confidentially.

The broader constitutional questions arising from the matter will be considered by the court at an appropriate stage, the Bench said. These issues will remain separate from the HPEC's immediate fact-finding exercise.

The Supreme Court also clarified the role of the nodal counsel. They will assist the court but will not act as a channel of communication between the HPEC, the court and the parties.

In its September 10 order, the court appointed Senior Advocate Dr Monika Gusain and Advocate-on-Record C Solomon as amici curiae. The HPEC has been directed to submit its first report at the earliest.

The court had earlier taken serious note of the alleged harassment of a minor girl who participated in the CJP protest at Jantar Mantar in July. It said nobody could be allowed to intimidate a victim for pursuing a criminal case.

The Bench had sought reports from Delhi and Uttar Pradesh on the allegations and asked Solicitor General Tushar Mehta to ensure action on the girl's FIR.

“Such matters cannot be taken lightly. Nobody should be protected if violence against a child is involved,” the chief justice had said. He added that if those accused of such acts were roaming free and attempting to intimidate the child or her family to prevent them from pursuing criminal proceedings, it would be a serious matter.

On September 10, counsel told the court that the 14-year-old girl had joined the CJP protest march at Jantar Mantar on July 20. Her father was allegedly assaulted during the protest by Hindutva influencer Swatantra Bhardwaj, who later claimed in a video that he had attacked him.

The girl subsequently filed an FIR. Her house was later allegedly vandalised and stones were allegedly pelted at the residence.

The counsel alleged that instead of prosecuting those accompanying the accused who were allegedly caught on camera, the police registered an FIR against the child. This, the counsel said, violated the Supreme Court's earlier order protecting CJP protesters from coercive action.

The counsel also said a video of the alleged stone pelting at the residence could be placed on record. While the committee's inquiry would take time, the child needed immediate protection, the lawyer submitted.

Bhardwaj was initially booked under Sections 115(2) and 126(2) of the Bharatiya Nyaya Sanhita (BNS) for hurt and wrongful restraint. He was detained for a few hours. He later posted a video claiming that he had cracked the skull of the girl's father and had been released because of his proximity to the National Democratic Alliance (NDA), led by the Bharatiya Janata Party (BJP).

After CJP leaders protested at the Parliament Street police station along with the girl and her father, the Delhi Police added provisions of the SC/ST Act and criminal intimidation and arrested Bhardwaj. He is currently in judicial custody.

The apex court has sought a status report on the security provided to the girl and action taken over the alleged harassment.

Earlier, on August 20, the Supreme Court constituted the HPEC to examine allegations of police excesses. It is headed by Justice (Retd.) R. Subhash Reddy, former Supreme Court judge, as chairperson.

The other members are Justice Ravi Shankar Jha, former chief justice of the Punjab and Haryana High Court; Justice Shalinder Kaur, former judge of the Delhi High Court, Rishi Kumar Shukla, former director of the Central Bureau of Investigation (CBI), and Dr L.R. Bishnoi, retired DGP, Meghalaya.

The three-judge Bench passed the order on a batch of petitions challenging alleged police excesses against CJP protesters at Jantar Mantar on July 20. The petitions challenged the use of excessive force by police during the protest in the national capital and sought an SIT or CBI probe.