Delhi HC Disposes of PIL Seeking Criminal Action Against CJP Protesters, Directs Petitioner to Approach Authorities [Read Order]

New Delhi: The High Court of Delhi has disposed of a writ petition filed by Save India Foundation seeking a writ of mandamus directing the Delhi Police to initiate criminal action against persons allegedly involved in arson, violence and assault on police personnel during a protest at Jantar Mantar on July 20, 2026, holding that the legal mechanism for addressing such incidents, as mandated by the Supreme Court, was already in place, and directing the petitioner to make its representation before the concerned authorities instead.

Background

The petition was filed under Article 226 of the Constitution by Save India Foundation, a registered Trust describing itself as an organisation devoted to protecting the Constitution and raising issues concerning the enforcement of citizens' rights. The plea sought directions to the Delhi Police to identify persons responsible for alleged arson, lawlessness, physical attacks on police staff and damage to public property during the protest, to prosecute them under applicable criminal law, and to recover the cost of the damage caused to public property.

According to the petition, the protest in question was organised by a group referred to as the "Cockroach Janta Party" (CJP), and the plea alleged that social media campaigns associated with the group had encouraged unlawful acts and mass mobilisation, with videos and other online material allegedly inciting participants to defy law enforcement and engage in disruptive activity in central Delhi, including areas around Parliament and India Gate.

Proceedings Before the Court

The matter was first listed before Justice Prateek Jalan on July 24, 2026. During the hearing, Solicitor General of India Tushar Mehta, appearing for the respondents on advance notice, informed the Court that a separate Public Interest Litigation concerning the same incident, W.P.(C) 9639/2026, was scheduled to be listed before the Division Bench presided over by the Chief Justice later that day. In view of this, Justice Jalan directed that the present petition be listed along with W.P.(C) 9639/2026 before the Chief Justice's Bench at 2:30 PM that day, subject to the Chief Justice's orders.

The Division Bench's Disposal

When the matter subsequently came up before the Division Bench comprising Chief Justice D.K. Upadhyaya and Justice Tejas Karia, the Court declined to entertain the petition on merits, observing at the outset that the law in respect of action to be taken in situations involving damage to public and private property during protests is well established by the Supreme Court, and that the mechanisms contemplated under that mandate were already in place. The Bench told counsel for Save India Foundation to approach the concerned authorities, who would act on the matter.

Disposing of the petition, the Court permitted the petitioner organisation to represent its cause before the authorities concerned, directing that if any such representation is made, the same shall be attended to and appropriate decision under law shall be taken.

Case Details

Case: Save India Foundation (Regd.) v. The Commissioner of Police, Delhi Court: High Court of Delhi Bench: Chief Justice D.K. Upadhyaya and Justice Tejas Karia (disposal); Justice Prateek Jalan (initial listing order) Case No.: W.P.(CRL) 2174/2026 & CRL.M.A. 21774/2026 Counsel: Umesh Sharma, Vikas Sharma, Yogesh Aggarwal, Kartik Garg and Anshul Khatri for the Petitioner; Solicitor General Tushar Mehta, ASG S.V. Raju, ASG Chetan Sharma, along with CGSC Ashish K. Dixit and other counsel for the Union of India; Amol Sinha, ASC (Criminal), for the State Date of Order: July 24, 2026 Outcome: Petition disposed of; petitioner permitted to approach concerned authorities, who are directed to consider any representation and take an appropriate decision in accordance with law

[Read Order]