Incidence Of Jamia Violence Can't Be Compared To Jallianwala Bagh Incident: Delhi Police Argues Before Delhi HC

While addressing the Division Bench of Chief Justice DN Patel and Justice Prateek Jalan, Mr Lekhi further argued that the force used by the Delhi Police was well within the contours of the law, and a writ court cannot exercise its extraordinary powers in a matter where the appropriate remedy lies before a criminal court.

Mr Lekhi commenced his arguments by opposing the demand for transferring the investigation to an independent inquiry by arguing that this relief can't be granted at this stage when the charge sheet has already been filed. He said:

'Transfer of investigation is not done in a routine manner. This power is only exercised in exceptional cases where there is a grave violation of fundamental rights.'

At this stage, the court asked the ASG as to why no action has been taken against those individual police officers who used excessive or disproportionate force.

'The report prepared by the National Human Rights Commission also talks about certain instances of police excesses, why hasn't any action been taken regarding that Why are no FIRs registered against the police officers?', the court asked.

Responding to this query, Mr Lekhi submitted that an independent inquiry was initiated against such individual cases of disproportionate use of force.

'The NHRC report in its totality vindicates the action of the Delhi Police', he argued.

Further, Mr Lekhi submitted that the police action was justified under section 129 of the Criminal Procedure Code, and hence, for prosecuting any police officer, sanction of the central government has to be sought under section 132 of the CrPC. He argued:

'It's not the case of the Petitioners that the sanction of the central government shall be sought for prosecuting the erring police officers. Even for registering the FIRs against the police officers, sanction of the central government has to be sought.'

Therefore, Mr Lekhi argued that the action of the police inside the Jamia campus, and the use of anti-riot gear, was justified, proportionate and necessary to quell the violent mob which has turned into an unlawful assembly.

The court will next hear this matter on October 01.