On Monday, frowning upon the practice of seeking damages by way of a writ petition, the High Court of Delhi sought the stand of the Centre, AAP Govt and Delhi Police on a fresh petition by a Jamia Millia Islamia student seeking compensation for injuries.

The student alleged that he was seriously injured in Police assault during protests against the Citizenship (Amendment) Act on Dec 15. A bench of Chief Justice D N Patel & Justice C Hari Shankar was initially of the view that the applicant should have filed a civil suit if he was demanding compensation as claims would have to be proved through evidence. 

The High Court said that “These are matters of evidence. Why are you not filing a suit for damages? On the basis of annexures in a writ, claims cannot be proved".

The High Court added that “it has become a fashion in Delhi to file a writ for everything.”

But the bench subsequently issued notices to the Union ministry of home affairs, Jamia Millia & others asking them to file their response to the plea in which the student, Shayaan Mujeeb, claimed that both his legs got fractured in the “brutal violence carried out” by security personnel. Mujeeb has said he was at the university library on the day when cops entered the building & allegedly beat up the students there.

He also cited the available CCTV footage to claim that police entered the library & beat up the students, arguing that he should be granted Rs 2 crore as compensation for the injuries suffered. Mujeeb also sought registration of an FIR for the offences allegedly committed by Policemen, along with reimbursement of Rs 2 lakh, alleging that he was forced to pay the amount for his medical treatment.

Earlier, another student, Mohammad Minhajuddin, had moved a plea seeking a probe into the incident & demanding compensation for injuries he suffered. Minhajuddin, according to the plea, lost vision in one eye during the incident.

On Dec 15, 2019, anti-CAA protests near southeast Delhi’s Jamia turned violent, with demonstrators pelting stones at police & setting public buses & private vehicles on fire. Police later entered the university, firing teargas shells & baton-charged students. Several students, including the petitioner, were injured in the police crackdown.

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