Jamia Violence: NHRC report does not give clean Chit to anyone, says HC

Quoting the National Human Rights Commission (NHRC) report on the Jamia Millia Islamia violence in Dec 2019, the High Court of Delhi on Friday observed that the Police action wasn't done in a professional manner & the report “does not give a clean chit to anyone”.

The Court was hearing a bunch of pleas, seeking various reliefs including a Court-monitored special investigation team (SIT) probe into the violence on the campus.

Violence has broken out on the varsity campus on Dec 15 during protests against the Citizenship (Amendment) Act (CAA). Police were accused of entering the campus & assaulting students. At least ten vehicles were torched allegedly by protesters. The Jamia students had said that they were not involved in the violence & that their peaceful march was hijacked by outsiders.

A bench of Chief Justice DN Patel & Justice Prateek Jalan made these observations after the additional solicitor general (ASG) Aman Lekhi said the NHRC report itself states that the protests were not peaceful.

“The protest was a mask for something far more grave & serious. There has to be an intelligence inquiry,” the ASG contended while adding that “calling the entry of police into the campus illegal & mala fide just because the students inside the campus were from minority community is completely untenable”.

To this, Justice Jalan said, “But the NHRC report also states that the entire police action was not handled very professionally. It doesn’t give a clean chit to anyone”.

"However, it does not say that police action as a whole was unnecessary.” Lekhi, while opposing the pleas seeking compensation & registration of FIRs against the police officers, said the police action was warranted, the ASG replied..

Reading from the NHRC report, ASG Lekhi said the report mentions that protesters hurled stones at the Police, damaged public property & blocked traffic movement. He said the report also states that protesters were not as peaceful as they alleged to be & there was an influx of outsiders on the campus. As such, police action was necessary.

He said the report also stated that there was a law & order problem & that the students were influenced by politicians & local leaders. He also blamed the university for not informing the Police about prior incidents.

Following arguments, the court adjourned the matter for further hearing to Aug 28.

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