N.D. Jayaprakash vs Union of India (UOI) and Others

Around 2.15 p.m. Mr. Kapil Sibal, learned senior Counsel, Mr. Indra Jaising, learned senior Counsel and Mr. Prashant Bhushan, learned Counsel made an extraordinary mention in the court that inspite Order the order passed in the forenoon today in Writ Petition (Crl.) No. 25/2016, a tense situation is building up in the Patiala House Courts Complex, New Delhi where a group Order lawyers and Ors. are resorting to violence threatening the security Order the accused Kanhaiya Kumar (against whom an FIR is lodged being 110/16 filed at P.S. Vasant Kunj, New Delhi) and his counsel. The learned Magistrate in the Patiala House Courts Complex where the proceedings were going, in order to ensure the safety Order those persons, has directed the accused Kanhaiya and his counsel to take shelter in his chambers. The learned Counsel, therefore, prayed for appropriate directions be given in the situation to rescue the accused and his lawyers. A mention was also made that even the 5 journalists who went in the Court Hall are also afraid Order their safety.

In view Order this, we called upon Mr. Ajit K. Sinha, learned senior Counsel who represent the Commissioner Order Police, Delhi to contact the Commissioner Order Police and obtain instructions as to the situation prevailing in the Patiala House Courts Complex. Initially for some time Mr. Sinha was not able to contact him (understandably because Order the situation). Later Mr. Sinha contacted him and took instructions about the prevailing situation.

In the above mentioned circumstances, We thought it fit to depute some members Order the Bar Order this Court to observe the situation and report to this Court. We also believe the presence Order the senior advocates might help diffuse the tension. We accordingly depute Mr. Kapil Sibal, Sr. Adv., Dr. Rajeev Dhawan, Sr. Adv., Mr. Dushyant Dave, Sr. Adv., Mr. H.P. Rawal, Sr. Adv., Mr. Ajit K. Sinha, Sr. Adv. and Mr. A.D.N. Rao, learned Counsel to proceed to the Patiala House Courts Complex and report the situation prevailing there. At 4.00 p.m.

The members Order the Committee who visited the Patiala House Courts Complex pursuant to the orders passed earlier returned at about 4.00 p.m. today and made an oral report, the events they observed. We request them to submit a report in writing. We also request Mr. Luthra, learned senior Counsel appearing for Delhi High Court to submit a report Order the observations made by the Registrar General Order the Delhi High court who was present in the proceedings in the noon in the Patiala House court Complex by 2.00 p.m. tomorrow (18.2.2016). Mr. Ajit K. Sinha, Sr. Adv representing Commissioner Order Police, Delhi will also submit a report by Friday the 19th February, 2016 by 10.30 a.m.

Mr. Sinha, further submitted Order instructions that he has spoken to the Commissioner Order Police, Delhi and the Commissioner Order Police has personally assured the safety Order the accused and all others who were permitted to attend today''s proceedings before the trial court pursuant to the order passed by this Court in the morning today. We also direct that Commissioner Order Police shall take necessary steps to ensure the safety Order the accused until he is produced next before the trial court.

We may place Order record that it is reported today by the members Order the Committee that the accused was manhandled while he was produced before the Court today. We therefore make it clear that the responsibility is exclusively is that Order the Commissioner Order Police, Delhi to ensure the safety Order the accused. List the matter tomorrow the 18th February, 2016 at 2.00 p.m.