Delhi High Court Dismisses Petition Over Sonam Wangchuk's Removal

The Delhi High Court dismissed a public interest litigation (PIL) on 22 July regarding the removal of activist Sonam Wangchuk from Jantar Mantar, where he had been on hunger strike. The court ruled that the petitioner's request for the removal to be declared unlawful and for an FIR to be filed was not warranted. The incident occurred on 18 July during an ongoing protest against the alleged NEET paper leak.

A division bench led by Chief Justice D.K. Upadhyaya and Justice Tejas Karia stated that the petitioner could seek recourse under the provisions of the BNSS (Bihar National Service Scheme) if he desired to lodge a complaint. The bench pointed out that Wangchuk's wife, Dr Gitanjali Angmo, had already submitted a plea regarding her husband’s removal and hospital transfer, which the court had approved.

The court observed that since Wangchuk's wife had taken legal action and an appeal had been filed, any grievances stemming from the incident should also be addressed through the appropriate legal channels by the petitioner. “If you still feel aggrieved, approach the authorities,” said the bench.

During the hearing, the counsel representing the petitioner claimed that police officers had acted aggressively, lacking uniforms or identification. The counsel described it as a forceful removal, stating, “It was like they were taking a person who is a terrorist.” According to the counsel, the action was in violation of Wangchuk's right to protest peacefully, particularly as he was advocating for quality education.

Following the incident, a Deputy Commissioner of Police stated on social media that Wangchuk's removal was conducted under the court’s direction. The petitioner’s counsel insisted that the matter was not private but a public concern, seeking accountability from the police and requesting the formation of a special investigation team (SIT) to address the allegations.

The respondent, Central Government Standing Counsel Ashish Dixit, argued that the PIL had not substantiated any cognisable offence that would necessitate the registration of an FIR. He mentioned that the petitioner had multiple legal remedies available should he feel wronged. The court reinforced its stance, emphasising that it was unable to entertain the petition further due to the prior ruling regarding Wangchuk's case.

The PIL had also requested the preservation of evidence, including CCTV and videography from the incident, as well as assurances that participants in the protest would not face harassment or intimidation from law enforcement. However, the court noted that as no FIR had been lodged, further inquiries or the establishment of an SIT were implausible at this stage.

In summary, the Delhi High Court dismissed the request for an FIR regarding the removal of Sonam Wangchuk, advising the petitioner to use the available legal avenues for addressing his concerns.