Following Bihar, the Delhi Police has filed an affidavit before the Supreme Court denying the use of excessive force against student protesters.
In a counter-affidavit submitted by Deputy Commissioner of Police Sachin Sharma, the Police defended its use of force, stating that the protests had ceased to be peaceful after sections of the crowd allegedly breached multiple layers of barricades and attempted to advance towards Parliament.
The affidavit was filed in response to petitions seeking a court-monitored investigation into alleged police excesses and also serves as a common reply to four connected petitions. About 5,000 officers were managing a crowd of over 30,000 people spread across three kilometres. When the crowd went completely out of control, a struggle ensued in which both protesters and police personnel were injured. More than 240 uniformed officers and around 200 members of the public or protesters sustained injuries.
The affidavit asserts that the allegation of excessive force cannot be sustained in light of the large number of protesters present at various locations, which included anti-social elements and history-sheeters who had infiltrated the protest
It further points out that, since no permission had been granted for the Parliament march, the gathering was illegal and the attempt to advance towards Parliament constituted an illegal act by an unlawful assembly.
The police also contend that the petitions filed before the court rely on selective photographs, incomplete video clips, and unverified media and social media reports that have not been independently verified. These materials present a one-sided picture and fail to reflect the lawful actions of the police officers.
Regarding the allegation of the use of lathis with nails, the police state that, according to the videos, there was only a solitary incident involving a lathi with nails, and that too was in the hands of a protester, not the police. It further clarifies that the object was not a lathi but a stick to which the National Flag was attached.
The affidavit asserts that lathis are acceptable and permissible gear, and that the officials were merely attempting to contain the crowds after groups of protesters began attacking them unprovoked. All measures were taken strictly in accordance with the permissible modes of controlling violence, the affidavit states.
