[Jamia Violence] Irresponsible pleadings becoming order of the day: SG Tushar Mehta objects to allegations against Home Minister Amit Shah
Litigation News

[Jamia Violence] Irresponsible pleadings becoming order of the day: SG Tushar Mehta objects to allegations against Home Minister Amit Shah

The Court was hearing matters concerning the violence that took place in Jamia Milia Islamia in December last year.

Aditi Singh

Before the Delhi High Court today, Solicitor General Tushar Mehta raised strong objection to allegations made against Home Minister Amit Shah in the matter concerning the violence that took place in Jamia Milia Islamia in December last year.

"Irresponsible pleading is becoming the order of the day", he said.

SG Mehta pointed out that in the rejoinder filed in the petition preferred by one Nabila Hasan, it was stated that the instructions to Delhi Police to "mercilessly beat" the students and to "break their bones" was from the Home Minister himself. To this, he asked.

"What is yout source of information? What is the evidence? You cannot malign a constitutional authority like this."
Tushar Mehta

He further pointed out that the petitioner had alleged the Delhi Police had indulged in the destruction of private property and behaved like "common criminals".

He added that as per the pleadings, it was the perception of the common people that the lawlessness was at the behest of the Home Minister.

"Who told this girl what the common people felt?", SG Mehta questioned as he argued that allegations without any basis could not be allowed to be made in pleadings under Article 226 of the Constitution of India.

"You can say these things in a public rally but not before a constitutional court in pleadings on affidavit."
Tushar Mehta

He stated that such allegations could be made in pleadings, but in accordance with the law, and by disclosing the source of information.

Arguing that irresponsible pleadings were becoming order of the day, SG Mehta prayed that the objectionable portion be deleted.

The Division Bench of Chief Justice DN Patel and Justice Prateek Jalan then questioned counsel for the petitioner, Senior Advocate Colin Gonsalves, as to why such allegations had been without any basis.

"Why personal allegations against xyz..? Everyone was arguing so nicely on law."
Chief Justice DN Patel

The Court then asked Senior Advocate Gonsalves to consider deleting the objectionable passages.

After briefly hearing other counsel in the batch of petitions, the Court proceeded to adjourn hearing in the matter to allow all parties to complete their pleadings.

In its order, the Court recorded that the petitioner has agreed to remove the objectionable content which was pointed out by the Solicitor General.

"We appreciate the stand taken by Senior Advocate Colin Gonsalves", the Court recorded.

The Court today also allowed a suggestion made by Senior Advocate Salman Khurshid on the point of submission of consolidated issues.

Given the number of petitions and counter-affidavits, Senior Advocate Khurshid suggested that a list of issues can be prepared and given to the Court for its consideration.

Senior Advocate Indira Jaising also supported the suggestion.

The matter will be heard next on July 13.

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