Published 08:46 IST, December 18th 2019
Supreme Court directs petitioners to move HC over Jamia Millia, AMU violence case
SC directed the petitioners on the Jamia University violence case to approach the High Courts within the jurisdiction where the incidents have occured
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The Supreme Court on Tuesday directed the petitioners on the Jamia University violence case to approach the High Courts within the jurisdiction where the incidents have occurred. "We are not a trial court. We cannot assume jurisdiction for whatever is happening all over the country. The situations may be different, facts and circumstances may be different," a bench headed by Chief Justice SA Bobde held.
The petition had sought the SC to probe incidents of excessive use of police force against protesting students in Jamia Milia Islamia University (Jamia) in Delhi and Aligarh Muslim University in Uttar Pradesh on Sunday.
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SC calls for probe under HC judges
The Bench of CJI SA Bobde and Justices BR Gavai and Suryakant also opined that the HC may appoint former judges of the apex court to conduct an inquiry into the concerns raised, after hearing the Centre and the concerned state governments. Senior advocates Indira Jaising and Colin Gonsalves urged the SC to set up a fact-finding enquiry commission headed by a retired judge to inspire the confidence of the student community. However, the CJI opined that the same can be done by sitting Chief Justices of the High Courts as well.
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Counsel says FIRs cannot be filed against protesting students
Indira Jaising argued that hundreds of FIRs can't be filed against students for protesting. "My request is only this that let the law take its own course, but please pass an order... If you want peace, then FIRs cannot be filed against innocent students and thrown into jail.
On this CJI Bobde asked, "What are the officers supposed to do if the students behave like this? Won’t FIRs be filed if students pelt stones?"
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Jaising then said that she just sought no coercive action be taken against the students. "Universities are private property and not where police can trespass without VC's authorisation. I'm also seeking free humanitarian medical aid. It is the duty of the medical services to provide free medical aid in emergency situations. There is a situation now where the university is shut down prior to the date scheduled, where are they to go now in the dead of winter?"
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SGI Mehta counters on detention claim
Solicitor General Tushar Mehta suggested that for factual accuracy, police personnel who were present at the site should be questioned. He also rubbished claims that students have been arrested. "No student is arrested. We have to be responsible while arguing on facts. No students are in jail, were never in jail... Students were taken to the hospital, given medical care and no money was charged. In some time, Jamia University Officer came and he identified the students and took them."
Counsel draws parallel with Disha case
Advocate Indira Jaising drew a parallel with the Supreme Court's recent order in the Telangana encounter case and questioned what prevented the court from appointing a panel to probe the matter. On this CJI Bobde said, "In Telangana encounter case, one commission could look into the matter. In this case, there are various incidents in different parts and one commission cannot have the jurisdiction of that sort." The apex court had constituted a three-member panel under a retired SC judge to submit a report on the alleged police encounter of four men in the Disha rape and murder case within six months.
12:42 IST, December 17th 2019