Jamia violence matter: Delhi Police opposes amended plea for independent inquiry

Dec 13, 2022

New Delhi [India], December 13 : The Delhi Police in its reply filed in the Delhi High Court opposed the amended application seeking independent inquiry and constitution of a Special Investigation Team (SIT) in relation to violence in Jamia Millia Islamia (JMI) University on December 15, 2019.
The reply of Delhi Police stated that a PIL cannot seek either a judicial enquiry or investigation by any third-party agency for ventilating grievances of persons who are not before the Hon'ble Court. It is submitted that an amendment which changes the nature of the plaint/petition, in law, cannot be permitted.
The Division Bench of Delhi High Court on the last date of the hearing had sought a response of Delhi Police over an amended application sought by the Independent Inquiry and constitution of the Special Investigation Team (SIT).
The matter is now listed for a hearing on January 12, 2023.
The bench of Justice Siddharth Mridul and Justice Talwant Singh earlier had noted that the several prayers in the matter have become infructuous and the petitioner is pressing for only a few prayers through an amended plea seeking monetary compensation, the constitution of SIT etc.
Recently the Bench headed by the Chief Justice of Delhi High Court had transferred a batch of petitions to another bench, relating to violence at Jamia Millia Islamia (JMI) University on December 15, 2019.
The bench transferred the concerned matters after noting that the Bench headed by Justice Siddharth Mridul is already examining a bunch of petitions related to North East Delhi Violence.
Senior Advocate Colin Gonsalves appeared for the petitioner side and Advocate Rajat Nair appeared for Centre Government (Delhi Police) in the matter.
Recently the Supreme Court had requested the Delhi High Court to give an early hearing to plea, after the petitioner's lawyer submitted to Supreme Court that the matter is pending before the Delhi High Court for years.
The high court was hearing a batch of petitions including one filed by lawyer Nabila Hasan through advocates Sneha Mukherjee and Siddharth Seem seeking action against cops over Jamia violence.
In the batch of petitions, some petitioners had blamed the forces for using extreme, ruthless and excessive physical force and violence against unarmed and peaceful students.
The petitions also raised questions over the use of "extreme" measures such as tear gas shells, chilli-based explosives and rubber bullets against the protesters.
Several protesters and policemen sustained injuries during a protest against the new citizenship law near the Jamia Millia Islamia University campus on December 15, 2019. Some public transport was set on fire and other public properties were also damaged in the protest.
The petitioner has approached the Delhi High Court against Delhi Police officials for allegedly attacking the students of Jamia Millia Islamia (JMI) University on December 15, 2019.