New Delhi, Jul 28 (PTI) The Delhi High Court on Tuesday said the right to protest does not extend to damaging the “seat of sovereignty,” and a police officer’s image cannot be “tarnished” over an alleged “overuse of power” during the July 20 march to Parliament against the NEET paper leak.
Justice Girish Kathpalia made the observations while dismissing a petition seeking withdrawal of an inquiry from Delhi Police’s Additional DCP Sandeep Lamba, after he was seen slapping a woman during the ‘Chalo Sansad’ march called by the Cockroach Janta Party (CJP) and consequential administrative action was taken against him.
Advocate M Sufian Siddiqui contended that the petitioner’s confidence in the fairness of the inquiry into her alleged illegal detention in 2025 has been irretrievably shaken due to Lamba’s conduct, as seen in the video clip, and therefore, the proceedings should be assigned to an independent officer.
Justice Kathpalia, however, asserted that the police officer has the right to a fair trial, and even if he is seen slapping a woman, he may not be biased in every case.
“Just because he is caught on some video clip slapping a lady, we cannot tarnish him in black. Are we aware of the ground realities? How the crowd would have entered the Parliament and firing would have started. So many people would have died,” the court remarked.
“Fundamental right to protest is there, but it does not extend to damage the seat of sovereignty. You were approaching sovereignty. In such a situation, how he has tackled the crowd, even if it is a case of overuse of power, that can’t be (used) to tarnish him like this,” it added.
Even as Siddiqui maintained that the petitioner was not tarnishing the police officer’s image, the court asked, “If I transfer the inquiry on this ground that in some other incident he is seen slapping somebody, is it not tarnishing? I am holding him guilty without hearing.” The counsel for the authorities said nothing survived in the petition because the inquiry had already concluded after recording the petitioner’s statement, and the matter had been sent to the competent authority for a final decision.
In the petition, 68-year-old Zarnigar Fatima claimed she was illegally detained at the Jafrabad police station on the intervening night of March 24/25, 2025, and Lamba was appointed as the inquiry officer in the judicially directed inquiry into her allegations of police excesses.
The plea stated that an elderly woman who has alleged police excesses cannot be expected to ignore the subsequent supervening events concerning Lamba’s conduct as they affect her confidence in the authority responsible for investigating her complaint.
“During the pendency of the inquiry, Respondent No 2/Shri Sandeep Lamba-Addl DCP was shown in widely circulated video footage, extensively reported in the media, allegedly slapping a woman in broad daylight while in uniform, whereafter consequential administrative action was admittedly taken against him. The issue is whether, after such supervening developments, the petitioner can reasonably be expected to continue participating in the inquiry with the same confidence in the inquiry officer. The petitioner’s respectful answer is in the negative,” stated the petition.
The plea argued that since justice must not only be done but also be seen to be done, the principles of justice, fairness, and institutional integrity warrant that the inquiry be withdrawn from Lamba and handed over to an independent officer. PTI ADS MPL MPL
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