Plea In Delhi HC Seeks Removal Of Delhi Police Commissioner, Deployment Of Paramilitary Forces To Enforce Law & Order

A Public Interest Litigation has been filed in the Delhi High Court alleging that the violence that took place on January 26 during the farmers' tractor parade shows the "complete failure of the government and in particular that of Delhi Police in maintaining law and order, which is under the direct control of the Union Home Ministry but both have miserably failed in the discharge of that duty".

The plea filed by Dhananjai Jain through his Advocate Bhoop Singh demands the removal of Delhi Police Commissioner SN Shrivastava and action against police officers who failed to discharge their duty relating to Red Fort violence and further deployment of paramilitary forces to protect citizens and property.

"Due to the unprecedented and unbecoming incident having taken place on 26.1.2021 it has become necessary to direct the Central Govt. to impose effective measure and effect basis to protect the life and property of Delhi citizens. It is also imperative that incumbent Commissioner of Delhi Police is removed from his position from immediate effect," the plea stated.

While the nation was celebrating Republic Day, a large number of agitating fanners came out on tractors and started moving at will. Though route had been agreed between the agitating farmers and the 'police authorities, they did not confine to the agreed route and came out and started running to different places. They not only disrupted the normal life but also tried to attack the police personnel on duty. Some of them even tried to crush them under the wheels of their tractors. A large number of agitators marched towards Red Fort. They broke the barricades and thronged the precincts of Red Fort in thousands. They climbed the rostrum where the ceremony of flag hoisting is done by Prime Minister and unfurled and hoisted their own flag. Police persons were assaulted and thrown in the ditch surrounding Red Fort, the petition read.

"That it is a matter of absolute shame that the armed police of Delhi was seen in a state of utter helplessness being chased, threatened and beaten up by the protesters and seemed to be at their mercy. Due to lack of timely decision making by the Commissioner and other highly placed officials of Delhi Police, the police post at the Red Fort was abandoned by the police. 

"Despite the police being chased away by the protesters brandishing swords and other weapons of assault the higher officials of the police did not wield appropriate force to deter and disperse the mob of protestors resulting into the structure of the token of the sovereignty of India namely the Red Fort being put under siege by the protesters. The national monument and national flag were humiliated by hoisting the flag of the protestors,” said the petition.

The petitioner averred that "any agitation has to be on democratic and civilized lines as per rights guaranteed under the Constitution and can under no circumstances take to violence which has been witnessed in an unprecedented manner in the capital city of Delhi. Republic Day, a day of national pride was turned into a shameful day in independent India".

The petitioner has sought directions to immediately remove people squatting under the garb of Kisan Agitation and clear all the roads and public places and punish all the police officers who failed in discharging their duty.

The petition further adds that "this unprecedented shameful act calls for immediate restoration of law and order under the supervision and control of the army with immediate effect and decisions can be taken without being politically motivated and in the larger interest of the public.

Read the full petition here: