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2026 DAILYLAW 12816 (DEL)

SHAKEEL ABBAS v. UNION OF INDIA & ORS.

W.P.(CRL)/2127/2026 · 2026-07-22

Tejas Karia

Writ Petition (Criminal)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(CRL) 2127/2026 $~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2127/2026, CRL.M.A. 21282/2026 & CRL.M.A. 21283/2026 SHAKEEL ABBAS .....Petitioner Through: Mr. Shakeel Sheikh, Mr. Ayush Singh, Mr. Deepak and Mr. Saquib Neshat, Advocates. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Ashish K. Dixit, CGSC with Ms. Laavanya Kaushik, GP, Mr. Umar Hashmi, Ms. Khyaati Bansal, Mr. Ayush Kumar, Ms. Iqra Sheikh and Mr. Abdullah Shahid, Advocates for R-1 to R-4 and R-6. S.I. Akanksha, P.S. Parliament Street. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 22.07.2026 1. Heard the learned Counsel for the Petitioner. 2. Proceedings of this Petition have been instituted under Article 226 of the Constitution of India, 1950, ostensibly in public interest. 3. From a perusal of the averments made in the Petition, what we find is that the primary grievance raised in this Petition surrounds the incident, which is said to have happened on 18.07.2026, wherein, according to the Petitioner, one Mr. Sonam Wangchuk was allegedly forcibly removed from Jantar Mantar, New Delhi and was lodged in Safdarjung Hospital, New Delhi. In the background of this solitary incident, this Petition has been filed. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2026 at 12:28:30 W.P.(CRL) 2127/2026 4. One of the prayers made in the present Petition is that the Delhi Police or any other competent authority may be directed to register a First Information Report (“FIR”) into the incident, which is said to have occurred while dispersing the protesters on 18.07.2026. Another prayer made is for constitution of a Special Investigation Team for investigating into the said incident and further to preserve the records of the incident such as CCTV footage, body-worn camera recordings, etc. The Petitioner has also prayed for issuing a direction to the Respondents not to take any coercive or forcible action against Mr. Sonam Wangchuk or any other protesters, except strictly in accordance with law and only when supported by an independent medical opinion. The Writ Petition also prays that a direction be issued to the Respondents to ensure that the protesters, presently on site at Jantar Mantar, New Delhi, are not harassed and that they are permitted to exercise their constitutional right of peaceful protest. 5. As already observed above, the Writ Petition is based on an incident, which is said to have occurred on 18.07.2026, concerning Mr. Sonam Wangchuk, who was sitting on protest at Jantar Mantar, New Delhi. In his respect, another writ petition was preferred by his wife being W.P.(C) No. 9770/2026 with certain prayers. LPA No. 539/2026 was also filed by the wife of the said person, which has been disposed of by this Court vide order dated 21.07.2026. By the said order itself, W.P.(C) No. 9770/2026 has also been disposed of. Accordingly, the concerns raised and the prayers made in the present Petition in relation to the incident surrounding Mr. Sonam Wangchuk, in our opinion, cannot be permitted to be agitated in view of the order dated 21.07.2026 passed by this Court in LPA 539/2026. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2026 at 12:28:30 W.P.(CRL) 2127/2026 6. So far as the other prayers made in this Petition such as directions to lodge the FIR and preservation of records are concerned, since the FIR sought to be lodged is in relation to reportedly a solitary incident, it is always open to the Petitioner to take the recourse to the provisions contained in Section 173 and other incidental provisions of Bhartiya Nagarik Suraksha Sanhita, 2023. 7. In view of the aforesaid, we are not inclined to entertain this Writ Petition. Consequently, the Writ Petition is hereby dismissed. Pending Applications also stand disposed of. 8. However, we make it clear that we have not made any observation on the merits of the claims of the respective Parties. Further, it is needless to say that it will always be open to the Petitioner to take recourse to the other remedies, which may be available to him under law. DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J JULY 22, 2026 ap This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2026 at 12:28:30