Court dismisses Jamia varsity plea seeking FIRs against cops for Dec violence

On December 15, 2019, a protest against the CAA near Jamia had turned violent, resulting in the torching of four public buses and two police vehicles and stone pelting.

A Delhi court on Wednesday dismissed a plea by Jamia Millia Islamia seeking registration of FIRs against police officers for their alleged forcible entry into the varsity and assault on students in December 2019, during the anti-CAA (Citizenship (Amendment) Act) protests.

The court also noted that the violence was due to some anti­social elements and that the protests held by students of Jamia were largely peaceful. (PTI)

On December 15, 2019, a protest against the CAA near Jamia had turned violent, resulting in the torching of four public buses and two police vehicles and stone pelting. At least 40 people, including students, policemen and firefighters, were injured in the incident. Public buses and private vehicles were also set on fire.

Metropolitan Magistrate Rajat Goyal said the policemen were “acting in order to control the law and order situation which had emerged in relation to the anti-CAA protest even though some actions were questionable”. The judge also said students from the varsity were protesting which had turned violent and the situation had become tense.

“Thus, actions of respondents in doing so are clearly connected to their official duties, though some of the said actions might be questionable. This court has no hesitation in holding that acts allegedly committed by the police… were committed in the discharge of official duties,” the court said in a 16-page order.

The court also noted that the violence was due to some anti­social elements and that the protests held by students of Jamia were largely peaceful.

“… one aspect which is clear from the factual background is that some of the protests had become violent and that police… were acting to control the said protests at the relevant point of time, so as to prevent violence and law and order situation from further deteriorating,” the court said.

Jamia Milia Islamia (JMI), through its counsel Asghar Khan and Tahir Khan, had sought the registration of criminal cases against the police officers for their alleged atrocities on students in December 2019.

JMI in its plea said that in pursuit of clearing the crowd, police had broke into the university without seeking any sanction from the varsity officials and used excessive and arbitrary force, and thrashed several university security guards and students.

It had also contended that the police had caused destruction of property and fired tear gas shells while also resorting to a lathi charge. The plea had claimed that the police had also hurt the religious sentiments of the locals by entering the university mosque.

The court, while rejecting the plea, said it cannot be said that the acts allegedly committed by the police were wholly unconnected to their official duty.