LexBEENU RAWAT & ORS versus UNION OF INDIA & ORS.
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[2013] 12 S.C.R. 889 BEENU RAWAT & ORS v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 446 of 2013) NOVEMBER 19, 2013 [G.S. SINGHVI, SHIVA KIRTI SINGH AND C. NAGAPPAN, JJ.] A B Constitution of India, 1950 - Art.21 - Human Rights - Rights relating to life, liberty, equality and dignity of the C individual - Protest/ agitation by petitioners at Police station seeking registration of FIR in respect of an alleged occurrence ·of rape - Petitioners allegedly rounded up by policemen and mercilessly beaten by them - Injuries caused to petitioners in the incident - Petitioners seeking independent o investigation by a Special Investigation Team (SIT) into the incident of alleged police atrocities - Grievance of petitioners that they were subjected to excessive use of force and abuses etc. and hence they were deprived of their fundamental right to a life of dignity - Counter plea of respondents that the E petitioners had vandalized the police station and caused damage to the public property ~nd that the police resorted to the minimal use of force only enough to disperse the large violent crowd - Held: The petitioners are ordinary persons with clean antecedents - The fact that the video footage recorded F at the instance of the police does not show acts of rioting or any arms or brickbats in the hands of the protestors and the recording was stopped as soon as police started using lathis upon the protestors, make it clear, at least prima facie, that in the incident in question, peaceful protestors were subjected G to beating by lathis etc. by the police force which included policemen from the concerned police station as well as force called from adjoining police station - Counter version of the respondents that the petitioners indulged in rioting and 889 H 890 SUPREME COURT REPORTS [2013) 12 S.C.R. A damaged public property neither supported by photographs nor by the video footage - In that view of the matter, the whole incident requires to be investigated/enquired by an independent agency or by a Special Investigation Team (SIT) - NHRC directed to enquire into the complaint of the B petitioners regarding violation of their fundamental rights particularly u/ Article 21 of the Constitution - Protection of Human Rights Act, 1993 - s.12A, 13 & 14. The petitioners claim to be volunteers of 'Aam Aadmi Party'(AAP). They approached this Court under Article 32 C of the Constitution inter alia seeking issuance of a writ of mandamus or any other writ or direction to order independent investigation by a Special Investigation Team (SIT) into the incident of police atrocities which allegedly took place on 19.06.2013 at Gokul Puri Police D Station in Delhi against the petitioners and if such allegations were found correct, issuance of further consequential and necessary directions, including initiation of -criminal prosecution as well as disciplinary · proceedings against the errant police officials of the Delhi E Police. The incident of 19.06.2013 at Gokal Puri Police Station in Delhi occurred in course of a protest by the volunteers of AAP. The protestors wanted registration of F an FIR in respect of an alleged occurrence of rape but allegedly the police was reluctant to register the FIR and hence a number of volunteers Including the petitioners joined the protest. It is the case of the petitioners that they were suddenly rounded up by a large number of G policemen and mercilessly beaten by them. Initially, police arrested seventeen volunteers but three of them were let off as they were minor girls. Subsequently, petitioner Nos. 2 and 10 were also taken into custody and allegedly beaten in police custody. The nineteen H petitioners claim to have sustained serious injuries on head, back, arm and legs. BEENU RAWAT & ORS v. UNION OF INDIA 891 The respondents, on the other hand, submitted there A was no lapse on behalf of the police to help the prosecutrix and the police resorted to the minimal use of force only enough to disperse the large violent crowd and safeguard the police personnel trapped inside the police station. It was alleged that the protestors had entered the B premises, blocked entry to the police station, pelted stones and damaged public property, and that the violent acts of the crowd caused injuries to five police personnel and that FIR had been registered against the protestors bearing no.251113 for rioting etc. c The question which
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