Govt seeks SC nod to quash 13 CJP protest FIRs, register one fresh case
New Delhi, Sept. 1 -- The Centre on Monday moved the Supreme Court seeking quashing of 13 FIRs registered in connection with the Cockroach Janta Party (CJP)-led protests at Delhi's Jantar Mantar and other parts of the capital in July, while proposing to register one fresh FIR against 2,873 persons who were prima facie found to have "serious criminal antecedents".
The application, filed by the Delhi Police on behalf of the Union government, stated that the police no longer wished to pursue the 13 cases registered in connection with the protests between July 20 and 25 and would not register any further FIRs for the same incidents.
The Centre has invoked the Supreme Court's extraordinary powers under Article 142 of the Constitution, seeking quashing of the 13 FIRs and permission to register one fresh, specific case limited to the 2,873 persons. The application said the new FIR would be in conformity with the court's clarification on "criminal antecedents" in its previous order.
The plea is likely to come up before a bench headed by Chief Justice of India Surya Kant on Tuesday. Solicitor General Tushar Mehta had mentioned the application before the CJI and sought an early hearing, saying the Centre was seeking to resolve the issue concerning the FIRs.
The move comes days before the proposed September 5 protest march announced by the CJP from India Gate to the Delhi Police headquarters, with withdrawal of FIRs against student protesters being one of the principal demands of the group. The Supreme Court on Monday declined to interfere with the proposed march, leaving the question of law-and-order arrangements to the Centre and Delhi government while expressing confidence that all stakeholders would act peacefully and within the legal framework.
In its application, the Delhi Police said that pursuant to a decision taken by the central government on July 25, it "no longer wishes to pursue" the 13 FIRs registered in connection with the CJP protests between July 20 and 25.
The cases include allegations of rioting, attempt to murder, damage to public property, assault on police personnel and other offences under the Bharatiya Nyaya Sanhita and the Prevention of Damage to Public Property Act.
The police, however, said that 2,873 individuals with "serious criminal antecedents", according to the National Crime Records Bureau database, were prima facie reported to have been present at the protest site.
"The investigation is required to ascertain their role, if any, in the commission of offences relating to bodily harm or destruction of property at the said protests," said the application. It has therefore sought the court's permission to register a single fresh FIR against these 2,873 persons. The proposed investigation would be confined to determining their individual roles in offences relating to bodily harm or destruction of property during the protests.
The Delhi Police has also made it clear that no fresh FIR will be filed thereafter in relation to the incidents covered by the application. It further said that if any other FIR relating to the same incidents, but not included in the list of 13 cases, is subsequently found or brought to the authorities' attention, the State would not oppose the affected party seeking similar relief from the Supreme Court.
The Centre has urged the Supreme Court to exercise its Article 142 powers "in the larger public interest and in the peculiar facts of this case" to quash the 13 FIRs and permit registration of the one fresh case.
It has also requested the court to clarify that any order passed in the matter would be confined to the "peculiar facts" of the case and would not constitute a precedent. The application has been filed in the proceedings arising from petitions concerning the July 20 protests....
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