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Jamia Violence: “We are confident appropriate enquiries will be made”, SC directs petitioners to approach High Courts

Bar & Bench

The Supreme Court today directed that petitions in matters concerning recent violent incidents in the Jamia Milia Islamia University (Jamia) and Aligarh Muslim University be taken to the concerned High Courts, where the reported incidents have occurred. The Court said,

Having regard to the nature of the matter and dispute and the vast area over which the matter is spread, we do not think it is feasible to appoint one committee for this...”

The Court also added an assurance that,

“… we are confident that appropriate inquiries will be made.”

The Bench of Chief Justice SA Bobde and Justices BR Gavai and Suryakant also opined that the High Court may appoint former Judges of the Supreme Court to conduct an inquiry into the concerns raised, after hearing the Union of India and the concerned State Government.

The Bench were hearing various pleas filed in the wake of the police violence that took place in campuses of Jamia and the Aligarh Muslim University on Sunday.

Following a mention of the matter by various counsel including Senior Advocates Indira Jaising and Colin Gonsalves yesterday, the Supreme Court agreed to hear the matter today, provided that the environment of “rioting” stops.

When the matter came up before the Supreme Court today, CJI Bobde was inclined to first have the facts of the incidents established before approaching the Supreme Court. 

Although the counsel, including Senior Advocate Jaising, urged that the Supreme Court to set up a fact-finding enquiry commission headed by a retired judge to inspire the confidence of the student community, Bobde opined that the same may be done by sitting Chief Justices of the High Courts as well. Senior Advocate Gonsalves also requested that the commission, ideally by a retired judge, be sent to the University today itself, so that the torture and beating of the students would be put to an end. 

This apart, the counsel for the petitioners also urged that the Court direct that injured students be provided free medical treatment and that no coercive action should be taken against the students.

Jamia University witnessed strong action from Delhi Police following an anti-Citizenship Act demonstrations in its campus which resulted in more than 50 students being detained at the Kalka Ji Police station and leaving several injured.

As per reports, Jamia Millia Islamia Chief Proctor Waseem Ahmed Khan has claimed that the Delhi Police entered the campus forcibly without any permission and beat up staff members and students who were forced to leave the campus.

The situation in Jamia and its surrounding areas remained tense as Police reportedly resorted to blocking the University’s entry and exit gates and used tear gas shells, lathi-charge on the protesting students. On Sunday night, hundreds of students in the city staged a protest against police action on students in front of the Delhi Police Headquarters.

A plea has also been moved before the Delhi High Court seeking  the constitution of a judicial inquiry into the incident along with proper medical assistance and compensation for injured students. However, on Monday the High Court refused to take up the plea on an urgent basis, and directed the petitioner to approach the Court registry instead.

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