NEET Paper Leak Protest: Delhi High Court Declines PIL On Alleged Attack On Police, Cites Existing Legal Mechanism

The Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia observed that the legal framework governing incidents of violence during protests, including criminal action and recovery of compensation for damage to public property, had already been laid down by the Supreme Court and was in force.

At the outset, the Chief Justice noted that a similar petition had earlier been withdrawn.

Referring to the relief sought, the Bench remarked: "Your prayer is to initiate criminal action against those who allegedly attacked police personnel. The Supreme Court has already dealt with these issues."

The petitioner argued that the Supreme Court had also prescribed the manner in which compensation for damage to public property should be recovered.

In response, the Chief Justice said: "The tribunals have already been constituted and are functioning. They have the authority to order recoveries. The legal framework already exists. Approach the authorities."

When the petitioner's counsel submitted that "when dissent turns into disorder, it becomes a serious concern," the Bench clarified that it was not examining the merits of those allegations.

"We are not examining that. The Supreme Court has already laid down the law on dealing with protests that result in arson or violence. The statutory mechanism and tribunals are already in place. Either withdraw the petition or approach the competent authorities," the Court said.

Disposing of the PIL, the Bench permitted the petitioner to pursue remedies before the appropriate authorities.

The Court ordered: "In view of the law laid down by the Supreme Court, the petitioner is permitted to make a representation before the competent authorities, who shall consider it and take an appropriate decision in accordance with law."

The petition was accordingly disposed of with liberty to the petitioner to approach the competent authorities.

Case Title: Save India Foundation (Regd.) v. The Commissioner of Police, Delhi