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Jamia Library Violence: Delhi HC Issues Notice On Plea Seeking Compensation For Injured Student

Karan Tripathi
17 Feb 2020 5:54 AM GMT
Jamia Library Violence: Delhi HC Issues Notice On Plea Seeking Compensation For Injured Student
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The Delhi High Court on Monday issued notices to Delhi Police and Central Government in a plea seeking compensation for a student who has incurred severe injuries due to the alleged police brutality that took place inside the University's library.

A Division Bench of Chief Justice DN Patel and Justice Hari Shankar, while issuing notices to the concerned authorities, expressed its concern with the present matter being brought up in a writ petition.

The plea was moved by Nabila Hasan, who is seeking compensation of around ₹ 2 crores in the account of severe injuries incurred by one of the students.

'Your lordship, both the legs of the Petitioner have been damaged. He has sustained severe injuries, for which an amount of ₹2.5 lacs have already been spent', she submitted.

She also highlighted the CCTV footage which has recently surfaced on the internet. According to her, the said footage clearly establishes the alleged instance of police brutality inside the college library.

In support of her plea, she also filed the discharge report prepared by the doctor treating the Petitioner. She claims that the said report substantiates her claim for compensation.

The court showed its displeasure for such a matter being raised in a writ petition under Article 226 of the Constitution. It said:

'Why aren't you filing a suit for this prayer? This matter requires appreciation of evidence, we can't simply rely on averments made by you in the annexure.'

At this point, Mr Amit Mahajan, who was appearing for the Central Government, refused to accept the factual claims made by the Petitioner in her plea.

Therefore, the court said:

'It has become a fashion in Delhi to file writ petitions for everything. It's not that we don't have powers under Article 226, but such extraordinary powers need to be exercised carefully.'

In order to counter that view, Nabeela further contended that the police has not lodged FIR upon the complaints filed by the students. Moreover, in a previous case involving similar facts, the court had issued notices to the other party.

Therefore, she sought court's intervention in the present matter under its writ jurisdiction. She also argued for interim compensation to be provided to the injured student.

The court, however, did not entertain the demand for interim compensation. It said:

'How do we calculate the compensation without appreciating the facts and evidence. You can ask for any amount, but we need to first look into the facts.'

The court also told the Petitioner that if no FIR has been lodged, she may also move the Magistrate under section 156(3) of the Criminal Procedure Code.

The matter will next be taken up on May 27.

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