2019 Jamia violence: Delhi HC seeks Centre’s response on plea seeking transfer of probe to independent SIT

A division bench of the Delhi High Court has begun hearing a batch of pleas related to the December 2019 violence inside Jamia Millia Islamia University during the anti-CAA protests. While beginning to hear a batch of pleas related to the violence at Delhi’s Jamia Millia Islamia University in December 2019 during the anti-Citizenship Amendment Act (CAA) agitation, the Delhi High Court on Tuesday sought the Centre’s response to an application seeking transfer of probe to an independent special investigation team (SIT) comprising retired IPS officers. A division bench of Justice Siddharth Mridul and Justice Talwant Singh was hearing a batch of eight pleas which were transferred to them after an October 28 order of a coordinate bench of the high court led by Chief Justice Satish Chandra Sharma. The coordinate bench had further requested the division bench to decide the matter at an early date as directed by the Supreme Court. Appearing for one of the petitioners Nabila Hasan, senior advocate Colin Gonsalves began his submissions by saying, “…students had gathered at the gate (of the university) for a peaceful march to the Parliament. Before anything could transpire, a brutal attack on students, a kind which has not been seen in the city, where the students were mercilessly beaten, where they (police) fractured bones of many students; where they (police) entered into the girls’ hostel, beat the girls mercilessly…”. Gonsalves also pointed out that the pleas had been substantially heard by another bench and were subsequently “made de-part heard”. He said that the incident is from December 2019 and he wants to start arguing the matter at some stage. At this point, the bench asked Gonsalves about the prayers which had been rendered infructuous, to which Gonsalves pointed out that some of the prayers had been rendered infructuous owing to the passage of time, which was taken note of by the bench. The prayers that survive pertain to a court-monitored probe into the incident and monetary compensation. With respect to the prayer seeking the preservation of CCTV footage, Justice Singh asked Gonsalves, “After three years which CCTV footage survives?” Gonsalves responded that that has to be asked to the Delhi Police and on this point, no reply has been filed by the police. Gonsalves further submitted that, in the meantime, an amendment application had been filed after the petition was filed. “Students had asked for FIRs to be registered. We realised they are not being filed so we took out an amendment application that is pending,” he said. The application seeks that the case is investigated by an agency independent of the Delhi Police and that the accused be prosecuted expeditiously. The application further prays for an order directing the constitution of an independent SIT comprising four retired IPS officers, namely Vibhuti Narain Rai, Vikram Chand Goyel, RMS Brar and Kamlendra Prasad. At this point, advocate Rajat Nair, representing Delhi Police, said that this application has not been allowed. The high court thereafter issued notice on the amendment application and granted one week’s time as a last opportunity for the Centre to file its reply, adjourning the Jamia violence batch of pleas to December 13. A batch of six petitions seeking registration of an FIR against political leaders for alleged hate speeches made prior to the 2020 Northeast Delhi riots was also listed for hearing before the division bench led by Justice Mridul. The hearing of this batch of pleas was adjourned to December 19. The Supreme Court on October 19 had asked the Delhi High Court to consider taking up and disposing of early petitions seeking registration of FIRs against police personnel over allegations of violence inside the Jamia Millia Islamia University during anti-CAA protests in December 2019. Violence had broken out near the campus, following which security personnel barged into the campus. While police claim they were chasing rioters, students have claimed they were assaulted inside the library. The petitions seek an independent investigation into the matter as well as registration of FIRs against police personnel accused of committing excesses and allege that the rights of students were violated by the police.

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