Taking note of a Supreme Court order asking it to promptly
hear such matters, the Delhi High Court on Friday requested its
division bench to decide at an "early date" petitions concerning
incidents of violence in Jamia Millia Islamia in December 2019 following
student protests against the Citizenship (Amendment) Act.
A bench headed by Chief Justice Satish Chandra Sharma
sent the batch of petitions, which have alleged the use of ruthless and
excessive force by the police and paramilitary forces on students, to the
division bench headed by Justice Siddharth Mridul and directed that it be
listed for hearing on November 29 along with pleas concerning the riots of
February 2020.
"List all matters before Division Bench (DB)
II.on November 29. The DB is requested to decide the matter at an early date as
directed by the Supreme Court," the bench, also comprising Justice
Subramonium Prasad, said.
The petitions seek directions for setting up a Special
Investigation Team (SIT), Commission of Inquiry (CoI) or a fact finding
committee, medical treatment, compensation and interim protection from arrest
for the students and registration of FIRs against the erring police officers.
The police had earlier opposed the plea for setting up
of a SIT or a CoI to look into the incidents of violence, saying it would
"amount to supplanting the law".
The petitioners before the court are lawyers, students
of JMI, residents of Okhla in south Delhi, where the university is located, and
the Imam of the Jama Masjid mosque opposite Parliament House.
On October 19, the Supreme Court had requested
the high court to "hear out early" the petitions concerning the
incidents of violence while noting that "these matters are pending before
the high court for some time now".
Counsel for Delhi Police Rajat Nair Friday sought an
adjournment from the court on the ground that additional solicitor general SV
Raju had been appointed to argue the matter but he was not available.
He also said that the present batch was
"linked" with the batch of petitions concerning the riots that broke
out in the city's north-east area in February 2020 and are currently pending
consideration before another bench.
The court, while sending the matters to the other
bench, also asked the Delhi police to respond to an application by one of the
petitioners for inclusion of certain additional prayers in the main petition.
The application prays that the FIR registered by Delhi
Police against students as well as the complaints made by the students should
be investigated by an independent agency. It also recommends the names of
certain civil servants who could be appointed to head the independent SIT.
In the main petitions, the petitioners have said that
there was need for an SIT which was independent of the police and the central
government which by their conduct have shown that their investigation into the
violence was "not independent".
They have said that such a move would also
"reassure the public" and would restore the people's faith in the
system.
Earlier, the police had opposed the petitions, saying
that the reliefs sought by the petitioners cannot be granted as charge sheets
have been filed in connection with the violence and they should have sought whatever
relief they want before the subordinate court concerned.
On the issue of police entering the varsity without
permission, the police's counsel had said internationally police are not denied
access to educational institutions and universities.
With regard to providing compensation to students who
were seriously injured in the violence, he had said that the same can be
awarded only if there was an admission of breach and in the present case the
issue was still being examined.