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Anti-CAA Protests At AMU | Students Shouldn't Indulge In Such Activities Which Bring Bad Name To Great Educational Institutions: Allahabad HC
Sparsh Upadhyay
14 Sep 2022 12:42 PM GMT
"The students take admissions in Universities or any educational Institution for the purpose of education and not indulge in these kind of activities, which brings bad name to the great educational Institutions," remarked the Allahabad High Court as it dismissed a bunch of pleas raising issues pertaining to certain incidents (during the Anti-CAA Protest) which took place in Aligarh...
"The students take admissions in Universities or any educational Institution for the purpose of education and not indulge in these kind of activities, which brings bad name to the great educational Institutions," remarked the Allahabad High Court as it dismissed a bunch of pleas raising issues pertaining to certain incidents (during the Anti-CAA Protest) which took place in Aligarh Muslim University in December 2019.
The bench of Chief Justice Rajesh Bindal and Justice J. J. Munir dismissed the pleas as it took into account an inquiry report of the National Human Rights Commission (NHRC) submitted pursuant to the HC's directions, recommendations made therein, and the state government's response to it.
The State Government submitted that it has complied with all the recommendations made by NHRC in its reports that were meant for the state government to implement. However, it was further submitted that two of the recommendations made in the report concerned the Union of India and Aligarh Muslim University, respectively.
Essentially, the recommendations made in paragraph 'c' of the NHRC report pertained to a direction to the Director General, CRPF for RAF to show utmost professionalism in dealing with such situations and the direction in paragraph 'f' pertained to Aligarh Muslim University to establish a mechanism for better communication with the students' fraternity so that they are not influenced by outsiders.
Against this backdrop, the Court, at the outset, expressed its satisfaction that the paramilitary forces are well equipped to deal with such situations and are being regularly updated, however, regarding the recommendation meant for the AMU, the Court made the following remark:
"The Communication channels should always remain open. But equal responsibility is also of the students that they do not fall in the trap of unscrupulous persons operating outside the University to disturb peace there. Educational Institutions have to maintain discipline. The students take admissions in Universities or any educational Institution for the purpose of education and not indulge in these kind of activities, which brings bad name to the great educational Institutions." (emphasis supplied)
With this, a bunch of pleas was dismissed.
The background of the case
The matter before the court pertained to a PIL filed against police action during an anti-CAA protest at Aligarh Muslim University on December 15. In the petition filed by Mohd Aman Khan of Allahabad, it was stated that students were protesting peacefully against the legislation since December 13, and on December 15, when the students gathered at Maulana Azad Library and marched up to the university gate, the police tried to provoke them and after some time, police started firing tear gas shells at students and they were cane-charged.
Further alleging that around 100 students were injured due to the said incident, the plea sought the formation of a panel by the court to enquire into the police action. It had also prayed for a direction to the police to release the detained students and provide compensation to those injured in the violence.
The Allahabad High Court had on January 7, 2020, directed the National Human Rights Commission to investigate the alleged police violence in Aligarh Muslim University, during anti-CAA protests.
Pursuant to Court's order, a report was submitted by the Commission headed by Manzil Saini, a 2005-batch IPS officer wherien by and large, the students were blamed for the AMU violence as the report found the use of force by the police to be justified and necessary.
However, the NHRC did criticize police officials for their "unprofessional" behavior such as caning students who were not protesting and causing damage to university property. The Report further recommended the following directions:
"a) Directing the Chief Secretary Govt. of Uttar Pradesh to provide suitable compensation to the six students who have been grievously injured commensurate with their injuries, on humanitarian grounds.
b) Directing the DGP-Uttar Pradesh to identify the policemen (both district police and PAC), as seen in CCTV footages involved in stray incidents of damaging motorcycles and unnecessarily caning the apprehended students which has no bearing on the task of controlling law and order. A suitable action may also be taken against them as per rules and provisions that exist for subordinate officers in UP Police. The police force should be sensitized and special training modules be carried out to inculcate professionalism in handling such situations.
c) Similar directions as in point (b) above may also be given to the Director General, CRPF for RAF. RAF being a specialized force primarily set up to deal with riots and handle law and order situations, should show utmost professionalism in such crisis situations while at the same time, respecting the human rights of civilians also.
d) Directing DGP of UP, to ensure that the SIT set up vide his order dated 06/01/2020 investigates all the related cases on merits and in a time bound manner. The Hon'ble court may also like to set the time limit and periodic review, if any, for the completion of investigations on time.
e) The DGP UP and Senior Officers are also advised to improve and set up a robust intelligence gathering system. Special steps may be taken to counter rumour mongering and circulation of disorted and false news especially on the social media. This is to better control such law and order incidents which occur spontaneously and unexpectedly.
f) To direct the AMU-Vice Chancellor, Registrar and other authorities to establish a mechanism of better communication with the students' fraternity so that they are not influenced by outsiders and rusticated unruly students. They should take up all confidence building measures to rebuild the trust of students so that such incidents do not occur in future."
Case title - Mohd. Aman Khan v. Union of India and others [CRIMINAL MISC. WRIT PETITION No. - 26085 of 2019]
Case Citation: 2022 LiveLaw (AB) 436
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