Anti CAA protests: HC asks police to file replies on all pleas associated to Jamia violence


New Delhi, July 13

The Delhi High Court on Monday directed the Delhi Police to file response on varied pleas associated to the violence throughout Jamia Millia Islamia (JMI) college protests in opposition to the Citizenship (Amendment) Act final December.

The courtroom’s order got here after it was knowledgeable by the counsel for among the petitioners that Delhi Police had filed its response solely in just a few petitions and never all.

“Respondents (Delhi Police) have filed consolidated replies in a few matters. We direct the respondents to file replies in all the matters within two days. Rejoinder, if any, be filed in four days thereafter,” mentioned a bench of Chief Justice D N Patel and Justice Prateek Jalan.

Advocate Rajat Nair, showing for Delhi Police, mentioned they’ve filed a consolidated reply in all of the petitions.

To this, the bench mentioned the company has to file replies in all of the issues and added “don’t take an easy recourse”.

The courtroom added that the copies of counter-affidavit and rejoinder be equipped to all of the events earlier than the subsequent date of listening to on June 21, in order that it might probably hear arguments on that day.

Senior advocate Colin Gonsalves, showing for among the petitioners, mentioned the police haven’t filed the reply in three petitions searching for compensation for grave accidents brought about to the scholars as a result of alleged police beating and motion in opposition to the erring officers.

The consolidated affidavit of the police was filed in six of the 9 petitioners within the Jamia violence matter.

Meanwhile, the petitioners filed the checklist of points to be adjudicated within the matter.

Nair submitted they’d acquired the checklist late final night time and sought time to analyse the problems and reply.

On June 6, Solicitor General Tushar Mehta, representing Delhi Police, had taken robust exception to the language utilized in sure paragraphs of the rejoinder filed by one of many petitioners within the matter and mentioned “you cannot malign constitutional authorities like this” and they’re “more of a political statement made at a protest site”.

Mehta had contended that “irresponsible” pleadings have been filed within the rejoinder of one of many petitioners Nabila Hasan who has sought motion in opposition to the police for allegedly brutally attacking the petitioners, college students and residents of JMI.

Hasan’s plea has additionally sought motion in opposition to the alleged ruthless, and extreme use of drive and aggression unleashed by the police and paramilitary forces on college students inside the college.

Gonsalves, who was additionally representing Hasan, had submitted that he’ll delete the actual strains and file the rejoinder once more.

Opposing a batch of PILs searching for establishing of a judicial fee to look into the violence, the police have mentioned the declare of police brutality is utter falsehood.

The police have filed the affidavit in response to varied petitions, moved by legal professionals, college students of JMI, residents of Okhla in south Delhi, the place college is situated and the Imam of Jama Masjid mosque reverse Parliament House, through which they’d additionally sought medical remedy, compensation and interim safety from arrest for the scholars.

The pleas have additionally sought registration of FIRs in opposition to the erring cops.

Delhi Police, in its affidavit filed via advocates Amit Mahajan and Rajat Nair in response to the petitions, has sought dismissal of pleas searching for quashing of FIRs and instructions in opposition to alleged police brutality within the college throughout the anti-CAA protests.

It mentioned the petitions have been an utter abuse of PIL jurisdiction because the incidents of violence in and across the campus have been well-planned and orchestrated makes an attempt by some individuals with native assist.

The affidavit filed by Rajesh Deo, Deputy Commissioner of Police, Crime Branch, mentioned exercising elementary proper to dissent ought to be revered, however “no person can be allowed to commit breach of law, indulge in violence, arson and riotous activity causing danger to life, limb and property of innocent citizens under the garb of exercise of fundamental right of free speech and assembly”.

Such elementary rights aren’t absolute and are liable to affordable restrictions underneath the Constitution, it has mentioned. PTI



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