We want withdrawal of FIRs, not just closure: CJP's Saurav Das

The Cockroach Janta Party (CJP) on Thursday welcomed the Delhi government's notification directing that no further action be taken on FIRs filed in connection with its 36-day agitation, but said the cases should be formally withdrawn, warning that any dilution of the assurances given under the July 25 Jantar Mantar agreement could force students back onto the streets.

Speaking to PTI Videos, CJP chief spokesperson Saurav Das said the wording of the notification did not reflect what was promised by the government.

"The Delhi government has released a notification which says that all the FIRs will not be pursued further and they may be treated as closed. We are not very happy with the term. The term that they should have used is that the FIRs will be withdrawn," Das said.

Das said the order did not bar withdrawal of FIRs.

"The government is saying that the Supreme Court has mandated that the FIRs proceed. But that's a misreading and a misleading of the situation. Nowhere in the Supreme Court order has the Supreme Court said that the FIRs cannot be withdrawn. Those powers exist with the government," he said.

He urged the Centre to honour the assurances given to protesters on July 25.

"The government should not be using the Supreme Court order as a weapon to go against protesters. What was guaranteed before the entire nation on July 25, the Jantar Mantar agreement, the government should come good on its promises and honour its words," Das said.

"If it does not honour its words in letter and spirit, then the young generation of this country will never ever forgive them and will be forced to come back on the streets," Das told PTI.

Das said the Delhi government's notification was a "positive development" but maintained that the commitments made to the protesters had to be implemented in full.

"I hope that all the points that we had shared will be in that draft because time is running out. The younger generation is running out of patience. The words that have been promised, the commitments that have been made, have to be honoured," he said.

Referring to the Supreme Court's interim order, Das said, "We objected to the Supreme Court order which put these riders. This is not what was agreed upon between the protesters and the state. The Supreme Court order also says that FIRs can proceed with the investigation. We objected to that as well, and we continue to object".

Questioning the legal position arising from the order, Das said, "If the Supreme Court is the final authority, then the negotiations should have happened with the Supreme Court, not with the Government of India. Do the Government of India's words hold no meaning?"

On the registration of criminal cases over allegedly objectionable remarks by protesters, Das said the use of criminal law was unwarranted.

"If there is any language that was used which is derogatory in nature, then the person concerned is free to pursue civil defamation and criminal defamation. However, the use of criminal machinery to go against protesters is highly condemnable, and no one should be punished for any objectionable language per se," he said.

While urging young people to be careful in their choice of words, he added, "Criminal machinery being used is a big no-no. It is completely unacceptable."

Das also appealed to the police "to maintain calm and not misuse powers for any political ends".

Reiterating the outfit's criticism of the alleged use of pellet guns against protesters, Das said such measures were neither moral nor constitutional.

"These protesters are not terrorists. They are the children of this country. They are citizens of this nation. They are the future of this country. You cannot by any means be using pellet guns or any such projectile weapons against protesters," he said.

"It is about the constitutionality of using pellet guns. I don't think it is acceptable to any sane person in this nation... It is unacceptable," Das added.

According to a Delhi government order issued on Thursday, Delhi Police will not take any adverse legal action against individuals who participated in the Cockroach Janta Party-led protest in the national capital, but those with a criminal background will have to face action.

In its order, the home department said that with regard to arrests or detentions, if already made, the process for reviewing the arrests and releasing the arrested persons will be undertaken expeditiously.

Delhi Police registered 13 FIRs in connection with violence during the 'Chalo Sansad' march by the CJP on July 20. The police also identified over 2,800 people with criminal background who participated in the protest march.