[Jamia Protests Hearing] 'You Cannot Have Hundreds OF FIRs And Throw Them In To Prison": Jaising [Courtroom Exchange]

The Supreme Court on Tuesday asked the petitioners to approach the concerned High Courts with their prayers for a Court-monitored probe into the reports of police atrocities against students of Jamia Milia Islamia and Aligarh Muslim University during protests against the Citizenship Amendment Act.

The bench consisting of CJI Bobde, Justices Surya Kant and B R Gavai said that it was not feasible for the SC to monitor the probe as the incidents happened across the nation.

"What can this court do? We are inclined to send it to the HCs. We are not inclined to hear it...show us why would entertain this", observed Chief Justice S. A. Bobde at the outset.

"There is widespread discontent regrading the CAA all over the country. It is being tainted as anti-muslim. The first protests came from the north-east,...the indigenous people don't trust the Act...Then, the Muslims. First, from the AMU, then Jamia, from students who are our guiding lights. Siege was laid...", submitted Advocate Mehmood Pracha.

"Under what section was siege laid? What is siege?", asked the CJ.

"Siege cannot be placed under any section...siege is where civilians are surrounded by the army", replied the Counsel.

"You are treating us a trial court... A court of first instance", noted the CJ.

"This is a pan-Indie situation. Many HCs will be needed to be approached otherwise", argued the advocate.

"There are different situations everywhere, different facts, different steps taken by authorities, different consequences, like some are in the hospital, some have not been treated, different view taken about every incident...we dint want to club it all. We don't want you to not be heard but we don't want to spend time going into facts at the first stage", remarked CJ Bobde.

The judge also took offence at Pracha's language when the latter tried to make further submissions to satisfy the court that they "have to be heard".

"There is a commonality in all these incidents! And as the information is percolating, these incidents are only increasing!", urged Pracha.

"How were the buses burnt? It is a law and order situation...", noted the CJ.

"It was the police that burnt the buses! Police in uniform breaking public property! But we don't want to say that!", contended Pracha.

"This is not a court of first instance...have the facts established by an order of the HC. Then we will do whatever is required", repeated the CJ.

"This is the best forum! The government has a vested interest in showing this in a bad light! There is a reason why the National Commission for Minorities is a party here...a method has to be devised...", the advocate refused to relent.

"We are not saying there is no problem. We are not saying it is not serious. But we are not an institution that maintains law and order...we are not at the moment deciding what the bill is. We are not concerned with the government's stand", said the CJ.

Next, Senior Advocate Indira Jaising pressed her prayer for no coercive measures against the students of AMU and Jamia Milia Islamia-

"FIRs are being registered against the students one after the other! Let the law take its course! If you want peace, like Your Lordship said Yesterday,  you cannot have hundreds and thousands of FIRs, arrest students and throw them into the prison!"

"Only in AMU and Jamia, not all.. over the country...what should the police do? if someone has broken the law, if stone are being thrown? You may be innocent or guilty, but if the police thinks you are guilty, a FIR is to be registered...", interjected CJ Bobde.

"If Your Lordships need any factual assistance, just to satisfy Your Lordships' judicial conscience, all senior police officials on the site have all the documents...", intervened SG Tushar Mehta.

"But how will they come and give evidence if they are locked up in jail? Lawyers are also caught up in seeking bail for them!...Some have lost arms and legs! Mr. (Colin) Gonsalves will tell you that he has an intern who has lost eyesight!", pressed Ms. Jaising.

At this point, the SG displayed every sign of objecting, stating that the "sense of responsibility" be not forgotten.

"This court has held that humanitarian medical aid has to be provided free of cost! Even by private hospitals! Even to criminals!...Universities are private places, which the police is not supposed to enter without the permission of the vice-chancellor!...And when the university is shut down prior to the scheduled holidays, where should the students go? Sleep on the streets in the dead of the winter? Go home overnight?", pleaded Ms. Jaising.

"We are not saying that you don't have a problem. Each of our Chief Justices (HC) will respond and pass orders. Then you come to us, we will hear you and pass appropriate orders...", repeated the CJ.

"Telangana (Hyderabad encounters) was a cross-state issue too...so why are Your Lordships' washing your hands off this?", argued Ms. Jaising.

"Telangana was not a cross-state issue...there is no parallel with that case", said the CJ.

When Ms. Jaising asked which agency, if not the top court, would assume the mission of fact-finding, the CJ reiterated that the CJs of the High Courts would do the needful.

"What prevents this court from doing it? Retired SC judges inspire confidence in the community!", emphasised Ms. Jaising.

"In Telangana, just one committee did the job. Here, no one committee would have jurisdiction all over India", explained CJ Bobde.

"Your Lordships are disarming us...there are orders of this court where jurisdiction was given...the black money case...", responded Ms. Jaising citing Ramlila Maidan incident case on law and order and fact-finding.

"We are not denying the police power of a state, but such unjustified, excessive, arbitrary use of power?", she advanced.

"Your Lordships said the students are the rioters? (No, we didn't say that, asserted the CJ)...but an impression was created that it is the students who are the rioters...let me please read out the statement of Jamia's VC on the facts of the case...", began Senior Counsel Colin Gonsalves.

"No, we are not reading newspapers in court to arrive at judicial decisions!", the CJ stopped him.

"There was a concerted action by Muslim Universities involving a large number of Muslims...to prevent their march to the Parliament, the police engaged in merciless lathi charge...that led to the conflagration. It is when they were retreating on account of the lathi charge that stones were thrown...they didn't start anything...there is a very distressing situation in the AMU- some are in ICU, some have cracked skulls, bones are broken...there is torture by the UP police!"

"Is this an issue of fact or not?", asked the CJ

The SG tried to intervene, speaking about "responsible facts".

"Peace needs to be brought to Aligarh instantly! Please send a retired judge to Aligarh for fact-finding..peace will come...once they know, an investigation is on, all torture will stop...", prayed Mr. Gonsalves.

Senior Advocate Sanjay Hegde reiterated the request for a one-point agency, either retired judges, or even the NHRC, "to bring down temperatures"- "in the Mandal Commission order, this court said those are our children who are burning there...bring them back".

Alternatively, he suggested that even if the High Courts have to be taken recourse to, then the police be mandated to seek permission of the VC before entering any university, and if it arrests any student or any person claiming to be a student, the VC be informed.

Ms. Jaising stressed that there be no arrests at all- "The whole night we were running from one police station to another to find out who is in custody"

There was a statement made on "the majesty of the law".

"We are only on maintaining peace! This is not a street where you can shout! This is not the place for a shouting match! Just because a big crowd has collected here. And probably because the media is there too!", reprimanded the CJ.

"When Kanhaiya Kumar was beaten up, this court had sent a delegation...", said Ms. Jaising.

"We don't want to go into the past (Then devise your own method, prayed Ms. Jaising)...our CJs will arrive at the right solution and will give us the right facts!", stated the CJ.

When the SG sought to place the facts before the court,CJI observed, "Don't give us the facts. Just address us on two issues- that students were arrested without notice to those incharge, whether the VC or the parents, and on medical attention dance to those hurt"

"20 private cars and four-wheelers were set on fire. We have videos. 67 persons, including students and miscreants, had minor injuries. They were taken to the hospital by the police. 31 police personnel were injured", began the SG.

"We were not permitted to get into facts at all", objected Ms. Jaising. The CJ also pointed out that the SG was in the fold of the facts now.

"No student is arrested! None are in jail! They were never in Jail! the Joint Commissioners of Police are here, even of the Aligarh range. They know their responsibility, that they are before the highest court of the country!...the students were given medical aid free of cost. The Proctor of the JMI was called to identify the students. He came within two hours, gave in writing that they are his students and took them along!", contended the SG.

"We will record the statement that there have been no arrests. But we are not gong to allow criminal offences. If there are illegal activities, the police can make arrests", said the CJ.

"But there would be arrests as soon as we leave this court! Where would go then?", urged Ms. Jaising.

The SG also indicated that in the wake of the rumours of the death of a JMI student in the protests, it was the Registrar of the AMU who had written to the District Magistrate, Aligarh and the SSP, Aligarh, voicing his apprehension that some elements within or outside of the university are trying to create a law and order situation and requested that police force be sent.

This submission evoked some amount of confusion as to whether the law officer had referred to the JMI Proctor or the AMU Registrar, the former reportedly (on being contacted by Times Now) having denied seeking the police's help. Subsequently, News18 put out a statement of the IG, Meerut Range clarifying that the SG had indeed made a reference to the AMU Registrar.

"We didn't say anyone died! He is addressing a rumour!", countered Ms. Jaising.

"As to the allegation that someone lost a hand, when the police threw tear gas shells, that person had caught it and tried to throw it back but it blasted in his hand...", continued the SG.

"When it has been conceded that 100s have been injured, why have their been no FIRs against the police? Brute police force was used! Your Lordships must send a message to the country that you want peace! This cannot be achieved just by saying so in open court! A judicial order does that! ...they know that the matter Is pending as soon as we leave the court, arrests will be made right away! How do we preempt those arrests?", Ms. Jaising adjured earnestly.