2019 Jamia Violence: High Court Seeks Delhi Govt's Response On Action Taken On NHRC Recommendations

The Delhi High Court today sought response of the Delhi Government on the recommendations given by National Human Rights Commission (NHRC) in its 2020 report on the violence at Jamia Millia Islamia in December 2019 in connection with the protest against the Citizenship Amendment Act (CAA).

A division bench of Justice Suresh Kumar Kait and Justice Manoj Jain directed the Delhi Government to file the response within two weeks.

The bench also permitted the Delhi Police to file the original complaint filed before NHRC and other relevant documents.

The court was dealing with a plea moved by various students of Jamia Millia Islamia who were allegedly attacked by the Delhi Police during the violence.

One of the petitioners, Nabila Hasan, a law student at the time of incident, had filed the complaint before the NHRC. The Commission in its report said that the protest was an “unlawful assembly” and had invited police action against itself.

The report alleged that the protesters had turned violent, destroyed government and private property and threw stones and petrol bombs at police officers, thus putting themselves beyond the ambit of the constitutionally guaranteed right to assembly.

In the report, the NHRC had given recommendations that the Delhi Government will provide compensation to the injured students and that suitable action be taken against the erring cops.

During the hearing today, Delhi Police's SPP Rajat Nair told court that none of the victim of the alleged violence is presently traceable.

He further informed court that action and enquiry was initiated against the erring police officials. However, he added that there was no egregious act committed by the police and that “commensurate” force was used against the students when they started indulging in violence.

The court was informed that the students of the varsity vacated the campus, came on roads, burnt buses and vehicles and did not pay heed to the police's orders.

It was also submitted that once the NHRC had concluded the enquiry and gave its recommendations, the plea before the High Court seeking similar relief cannot be entertained.

The court has listed the matter along with other petitions concerning the violence for hearing on March 14.

Responding to the plea, the Delhi Police last year said 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 Delhi Police had 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.

It wqs 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.

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 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