Full Text
W.P.(CRL)609/2016
UMARKHALID Petitioner
Through: Mr.JawaharRaja,Ms.Kamini Jaiswal, Ms.Sahana Manjesh and Mr.Gautam
Bhatia,Advocates.
PS VASANT KUNJ(N)
Through :
Respondent Mr.Tushar Mehta,ASG,Mr.Sanjay Jain,ASG,Mr.Chetan Sharma,Senior
Advocate with Mr.Anil Soni,Special PP,Mr.Shailendra Babbar,Special
PP,Mr.Mukesh Gupta,Mr.Amit Gupta,Mr.Rishabh June]a,Mr.Rajat
Nair,Mr.Manan Popli,Mr.Aadit Khorana,Ms.Ruchi Jain,Mr.Sarfraz
Ahmed,Advocate for Delhi Police.
Mr.Rahul Mehra,Standing Counsel (Criminal)for the State with
Ms.Richa Kapoor,ASC,Mr.Sanjay Lao,ASC,Mr.Rajesh Mahajan,ASC and Mr.Aditya Swarup Aggarwal, Advocate.
ANIRBAN BHATTACHARYA Petitioner
Through ; Mr.Trideep Pais and Ms.Vrinda Bhandari,Advocates.
STATE OF NOT OF DELHI THROUGH •
PSVASANTKUNJ(N) Respondent
Through: Mr.Tushar Mehta,ASG,Mr.Sanjay Jain,ASG,Mr.Chetan Sharma,Senior
Advocate with Mr.Anil Soni,Special PP,Mr.Shailendra Babbar,Special
PP,Mr.Mukesh Gupta,Mr.Amit Gupta,Mr.Rishabh Juneja,Mr.Rajat
Nair,Mr.Manan Popli,Mr.Aadit Khorana,Ms.Ruehi Jain, Mr.Sarfraz
Ahmed,Advocate for Delhi Police.
Mr.Rahul Mehra,Standing Counsel (Criminal)for the State with
Ms.Richa Kapoor,ASC,Mr.Sanjay Lao,ASC,Mr.Rajesh Mahajan,ASC and Mr.Aditya Swarup Aggarwal, Advocate.
COiRAM:
HON'BLE MS.JUSTICE PRATIBHA RANI
29.02.2016 CrI.M.A.No.3327& 3328 of2016 in W.P.(Crl.VNo.609/2016
Crl.M.A.No.3329&3330 of2016 in W.P.fCrU No.610/2016
ORDER
1. Exemption allowed,subjectto alljust exceptions.
2. Applications stand disposed of. W.P.tCrl.)No.609/2016 W.P.ICrl.)No.610/2016
1. These two writ petitions have been filed by the petitioners namely Umar Khalid and Anirban Bhattacharya with the prayer to allow them to surrender before this Court and also to direct the police to ensure their safety from Jawaharlal Nehru University tillthe precincts ofthis Court. W.P.(Crl.)no.609&610of2016 Page 2of[5]
2. On 23*^^ February,2016the matter wastaken up at about[4].00 pm on mentioning and it was adjourned for24'*'February,2016. th
3. On 24 February, 2016, it was informed to this Court by learned counsel for the petitioners that both the petitioners have surrendered on the nightintervening 23'''^/24"'February,2016.
4. Since Ms.Kamini Jaiswal, Advocate for petitioner Umar Khalid and Mr.Trideep Pais, Advocate for petitioner Anirban Bhattacharya expressed their concern about the safety of these two petitioners as they were to be produced before the learned Magistrate for remand proceedings within twenty-hours oftheir arrest, following directions were issued by this Court vide order dated 24"^February,2016 '6. Mr.Tushar Mehta, learned ASG submits that all the efforts shall he made to ensure safety of the petitioners. Mr.Prem Nath, DCP South is present and after some deliberations with the counselfor thepetitioners, this Court has been apprised that theplace and timing ofremandproceedings shall be informed to learned counsel for the petitioners to enable them to be present during remand proceedings. It has also been informed that to ensure safety ofthe petitioners, they are notlikely to beproduced atPatiala House Courtandasafe venue shall be identified and informed to learned counselfor the petitioners. The date and timefor the remand proceedings shall also be communicated to Mr.Trideep Pias, Advocatefor petitioner Anirban Bhattacharya, who will co-ordinate with Mr.JawaharRaja,Advocateforpetitioner Umar Khalid.
7. Mr.Trideep Pias, Advocate for petitioner Anirban Bhattacharya and Mr.Jawahar Raja, Advocate for petitioner Umar Khalid submit that when the Court is taking all stepsfor providing protection to the petitioners, any convenient place found suitable for the remand proceedings may be fixed by Mr.Prem Nath, DCP South and conveyed to enable them to be presentduringremandproceedings. W.P.(Crl.)no.609&610of2016 Page 3of[5]
8. Since the remand proceedings are not likely to be conducted during Court hours at Patiala House Court, the Metropolitan Magistrate for purpose of conducting remand proceedings. Mr.Prem Nath,DCPSouth, who ispresentin the Court, shall co-ordinate with the Registrar General of this Courtforthe abovepurpose.
9. Mr.Trideep Pias, Advocate for petitioner Anirban Bhattacharya shall be communicated as and when the application is filed and to be heard by the learned Magistrate, as well the place where the same is to be heard. Mr.Trideep Pias, Advocate shall co-ordinate with with Mr.JawaharRaja,Advocateforpetitioner UmarKhalid.
10. With a view to avoid any unpleasant incident as well to ensure the safety of the petitioners and that remand proceedings be conducted in accordance with law, all concerned are expectedto maintain confidentiality in respectof above.
11. Re-notifyfor29^^February,2016at[2].15pm. '
5. Today Ms.Kamini Jaiswal, Advocate for the petitioner Umar Khalid and Mr.Trideep Pais,Advocate for the petitioner Anirban Bhattacharya have expressed their appreciation and complete satisfaction about the way the situation has been handled by Mr.Premnath, DCP South. They submit that the directions given by this Court have been complied with by all concerned. All efforts have been made by Mr.Prem Nath, DCP South during remand proceedings to ensure that proceedings are conducted in accordance with law. He ensured safety of both the petitioners while producing before learned Metropolitan Magistrate forremand proceedings.
6. Mr.Premnath,DCP South is present in the Court and submits that the matter has been transferred to Special Cell. Mr.Pramod Kumar Kushwaha, W.P.(Crl.)no.609&610of2016 Page4of[5] DCP Special Cell is presentinthe Courttoday and submits that he will also comply with the directions already issued by this Court.
7. ItIS alsoinformed thaton expiiy ofpoliceremand,thepetitioners are to be produced beforelearned Metropolitan Magistratetomorrow i.e.on OC March,2016. Mr.Pramod KumarKushwaha,DCP Special Cellsubmits that every precaution shall be taken by the Special Cell to ensure compliance of the directions already issued by this Court.
8. In the peeuliar circumstances ofthis case,it is desirable that Mr.Prem Nath, DCP South remain associated with Mr.Pramod Kumar Kushwaha, DCP Special Cell to ensure the safety of both the petitioners till they are remanded to Judicial Custody.
9. Mr.Premnath,DCP South offersfullcooperation in this regard.
10. Ms.Kamini Jaiswal, Advocate for the petitioner Umar Khalid and Mr.Trideep Pais, Advocate for the petitioner Anirban Bhattacharya submit that as nothing further survives in these two writ petitions, they may be permitted to withdraw the same.
11. Aecordingly,both the writ petitions are dismissed as withdrawn. As prayed,eopy ofthe order be given dasti to all eoncemed under the signature ofCourt Master. >RATIBHA RANI, FEBRUARY 29,2016 'st' W.P.(Crl.)no.609&610of2016 Page5of[5]