The Delhi High Court today refused to grant interim protection from the police’s coercive action on students of Jamia Milia Islamia who are protesting the Citizenship Amendment Act, 2019. The Court issued notices to the Centre and the Delhi Police, asking them to file a response in the Jamia Milia incident. The matter will be next heard on February 4, 2020.
The Bench of Chief Justice DN Patel and Justice C Hari Shankar was hearing petitions revolving around the need to create a balance between the right to freedom of expression and the tipping law and order situation.
Senior Advocate Sanjay Hegde, appearing for the petitioners asked in open court what reason the police had to enter the library and even toilets and use tear gas. He further asked court’s intervention to set a protocol for future situations, including informing university authorities before making arrests. He also suggested setting up a commission with a retired judge of the apex court or a high court, who is conversant with the Delhi clime or has at times worked with the Delhi Police.
Manoj Dhiryan, one of the petitioners, said that the police action was a signal from the Centre to quell the freedom of expression.
Vaibhav Mishra, another petitioner, told the court that the students are a vulnerable community and should not have to take recourse to legal remedy against the police action. Police entering their gated community was illegal. It was said that a hospital near the incident treated the students and then let them go with the motive to prevent any records being created for any such treatment
The following recourse has been sought:
– FIR be registered against guilty police officers
– Free medical support be given to the injured students
– A Committee to be constituted which is to find the true facts
– Appropriate orders be given regarding the open-ended FIRs which have been registered against “students” and “unknown persons” which leaves the choice to add names as per wish.
Senior Advocate Colin Gonsalves submitted in court that it was not a riot but a peaceful protest. The cameras show that while the students were retreating, the police attacked. Students requested the authorities to conduct the examination as scheduled – this shows the good faith of students who don’t seem like the people who will attack authorities.
Several photographs were produced in court confirming police abused students.
Appearing for one of the petitioners, senior advocate Indira Jaisingh told the Delhi High Court that Supreme Court has taken a view that this is a matter of fact-finding and hence, a fact-finding committee should be appointed to look into the matter.
CCTV footage has been asked by the petitioners to be preserved as evidence and a list be made available of arrested students, as their parents wouldn’t otherwise know their whereabouts.
The Chief Proctor of Jamia has questioned the action of police entering the hostels and campus without permission and beat up students.
The Vice-Chancellor demanded “a high-level enquiry” and said authorities will file an FIR against police for “vandalism and brutality.”
— India Legal Bureau