Justice Madan Lokur, Justice Jasti Chelameswar, Justice AP Shah
Justice Madan Lokur, Justice Jasti Chelameswar, Justice AP Shah
Litigation News

[Anti-CAA protest] Constitute committee of Justices M Lokur, J Chelameswar or AP Shah to probe Police brutality: Suggestion made to Delhi HC

The suggestion has been made in a rejoinder filed by social activist Bahadur Abbas Naqvi in a case concerning the alleged police brutality meted out against peaceful anti-Citizenship Act protesters in Delhi.

Aditi Singh

Following Delhi Police's claim that allegations of police brutality against students of Jamia Milia Islamia were an “utter falsehood”, a suggestion has been made to the Delhi High Court to constitute a one-member committee comprising a retired judge to unearth the truth.

It is further suggested that the retired judge so appointed be Justice Madan Lokur, Justice Jasti Chelameswar or Justice AP Shah.

"..the Deponent.. has sworn the counter affidavit (which is) replete with false statements..it is imperative that a Committee comprising of a retired Judge of the Hon'ble Supreme Court or High Court be appointed urgently to enquire into the atrocities and illegalities committed by the Delhi Police. The Petitioners seeks the liberty of suggesting the names of Hon'ble Justice Madan Lokur, the Hon'ble Justice Jasti Chelameswar, both retired Judges of the Supreme Court of India, and Hon'ble Justice AP Shah, retired Chief Justice of this Hon'ble Court. This Hon'ble Court may be pleased to choose any one who may be appointed as a one-member committee to probe the continuing police brutality that has been unleashed by the Delhi Police", the suggestion reads.

The statement is made in a rejoinder filed by social activist Bahadur Abbas Naqvi and fellow petitioners, Naved Khan and Maulana Mohibullah in their petition highlighting the brutal police crackdown alleged to have been meted out against peaceful anti-Citizenship Act protestors.

The petition was first moved before the Supreme Court. However, pursuant to an order passed by the Supreme Court, the Petitioner moved the High Court to "quell the ongoing brutal crackdown" by the police not only on the students of Jamia Millia Islamia but other citizens as well.

The Petitioners state that the Delhi Police, in its counter-affidavit filed last month, has made a false statement that no student was detained.

"..various students including a pregnant student had been detained by the police under the draconian Unlawful Assembly (Prevention) Act. The said fact is evident from various court proceedings and FIRs.", it is stated.

The Petitioners assert that since the present petition did not yield any results, the Police brutality increased manifold as they went one rampage against peaceful protestors and members of the minority community in North-East Delhi.

"..it is now a matter of record that as captured on various video recording, and information available in public domain..that the police not only attacked them but also that they acted on the instructions and orders of certain members of the ruling party at the Centre, as well as members of RSS..", the rejoinder reads.

It is further said that various persons, including students were picked up and detained illegally during the lockdown in connection with anti-CAA protests.

In view of the claim that the Delhi Police continued to misuse its power during the pendency of the writ petition, the Petitioners have now suggested an urgent constitution of a one-member committee of the retired Judge of Supreme Court or High Court to initiate an investigation into the conduct of the Delhi Police.

The rejoinder has been filed through Advocates Mehmood Pracha and Jatin Bhatt.

All the petitions concerning the violence at Jamia Millia Islamia University in December last year, which were taken up for hearing by a Division Bench of Chief Justice DN Patel and Justice Prateek Jalan today.

The hearing was adjourned till July 21 to allow parties to complete the pleadings.

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