'Smacks Of Malice': Delhi Police Opposes Plea Seeking Transfer Of Probe In 2019 Jamia Violence To Independent SIT

The Delhi Police has opposed a plea seeking transfer of investigation in the FIRs registered in connection with 2019 Jamia violence against the students and on their complaints against police officials, from Delhi Police to an independent agency.

The police has said that the prayer not only seeks to expand the scope of the plea, but also is based on "new cause of action."

The response has been filed in an amendment application seeking inclusion of two prayers in a plea filed by various students of Jamia Millia Islamia who were allegedly attacked by the Delhi Police during the violence. 

The application also prays for constitution of an independent SIT headed by any of the officers among a panel of four officers comprising of Vibhuti Narain Rai, Vikram Chand Goyel, RMS Brar and Kamlendra Prasad.

Opposing the prayers, Delhi police has said that the petitioners, "who are third party stranger under the garb of PIL" cannot seek a judicial enquiry or investigation by any third-party agency "for ventilating grievance of persons who are not before the court."

Submitting that an amendment which changes the nature of the plea cannot be permitted, the police has said that "a fortiori PIL petitioner" cannot be permitted to choose the members of SIT for probe and prosecuting an offence alleged to have happened against third persons who are not before themselves before the court.

"It is submitted that the said prayer apart from being untenable in law, smacks of malice and seeks to ostensibly achieve something clandestinely behind the facade of a public interest litigation. As such, the said prayer also cannot be permitted to be amended and the present application is liable to be dismissed," the response states.

It adds: "As explained in detail in the counter affidavit filed by the respondent it is manifested from the electronic evidence (videos & photographs) collected and also from the statements recorded that in the garb of student agitation what happened in fact appears to be a well- planned and orchestrated attempt by some persons with local support (who were not students) to intentionally perpetrate violence in the area."

The Supreme Court on October 19 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