2019 Jamia Violence - ‘CCTV Footages Were Collected Well In Time, Duly Preserved’: Delhi Police To High Court

Responding to a plea filed in relation to the incidents of violence at Jamia Milia Islamia University in December, 2019, the Delhi Police has told the Delhi High Court that the CCTV footage of cameras installed inside and outside the varsity and New Friends Colony area were collected “well in time” and have been “duly preserved.”

The fresh affidavit has been filed on May 04 in a plea moved by various students of Jamia Millia Islamia who were allegedly attacked by the Delhi Police during the violence. The affidavit has been filed by Delhi Police through Special Public Prosecutor Rajat Nair.

The Delhi Police has made submissions qua two prayers sought in the plea i.e. seeking preservation of the CCTV footages of all cameras installed in and around the University and for adequate monetary compensation to all persons detained or injured.

The affidavit submits that the CCTV footage from a total of 13 different locations were collected in New Friends Colony area and were sent to FSL in Rohini for authentication.

“After examination, the seized Pen Drives, DVRs were received back and copy of the footage was supplied to the accused persons in FIR No. 242/19 PS New Friends Colony, New Delhi,” the affidavit states.

It adds that during course of investigation in another FIR registered at Jamia Nagar police station, the CCTV footages of cameras installed at four locations inside and outside the Jamia Milia University were collected and sent to FSL for examination. However, the report is still awaited.

The police has submitted that as and when the DVRs are received from FSL, their relevant portion would be analyzed and placed before the trial court through a supplementary chargesheet, if required.

“Thus, it is respectfully submitted that in view of the facts enumerated herein above, the CCTV footage available in area of PS New Friends Colony and PS Jamia Nagar, New Delhi was collected well in time and the same forms part of the case file in the above two FIRS and is thus duly preserved,” the affidavit reads.

On the grant of compensation, the Delhi Police has said that an enquiry was conducted by the team of NHRC on the complaints alleging atrocities on students by the police, including the petitioner Nabila Hasan.

“It is submitted that as evident from the aforesaid direction passed by NHRC, the Chief Secretary, GNCT Delhi, was directed to provide suitable compensation to persons who have received grievous injuries. It is submitted that the details of the compensation supplied by GNCTD is presently not available with the respondent Delhi Police and efforts to get the same from GNCTD are being made,” the reply adds.

Calling the petition a “clear case of abuse of process”, the police has also said that the NHRC report itself records that the petitioner Nabila Hasan actively participated in the proceedings and gave all the evidence available with her.

It has been contended that after succeeding before a statutory forum being the NHRC in getting the relief of compensation, Hassan cannot press for the same relief once again before the High Court under Article 226 of the Constitution of India, especially without disclosing full facts.

“…the present petitioner is nothing but an attempt to abuse the equity jurisdiction of this Hon'ble Court and hence is liable to be rejected with exemplary costThe conduct of the petitioner in suppressing the above material fact also warrants deprecation,” the affidavit states.

Earlier, the Police had opposed Hasan’s prayer seeking transfer of investigation in the FIRs connected with the violence from Delhi Police to an independent agency. It was contended that the prayer not only seeks to expand the scope of the plea, but also is based on "new cause of action."

The batch of pleas were listed today before a division bench headed by Justice Siddharth Mridul. However, the hearing was adjourned to July at request made on behalf of Senior Advocate Colin Gonsalves, who represents Hasan.

The Supreme Court on October 19 last year had requested "the High Court to hear out the matter early having regard to the fact that these matters are pending before the High Court for some time now."

Title: NABILA HASAN & ORS vs UNION OF INDIA & ANR and other connected matters