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Jamia Violence: Entry Into Campus Justified; Only Proportionate Force Used, Delhi Police Tells Delhi HC

Karan Tripathi
14 Aug 2020 3:30 PM GMT
Jamia Violence: Entry Into Campus Justified; Only Proportionate Force Used, Delhi Police Tells Delhi HC
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Appearing for the Delhi Police in matters pertaining to the Jamia violence, Additional Solicitor General Aman Lekhi submitted before the Delhi High Court that the Delhi Police was justified in entering the campus of Jamia Milia University and using proportionate force as the students were creating "social disharmony". The submissions were made before the Division Bench of...

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Appearing for the Delhi Police in matters pertaining to the Jamia violence, Additional Solicitor General Aman Lekhi submitted before the Delhi High Court that the Delhi Police was justified in entering the campus of Jamia Milia University and using proportionate force as the students were creating "social disharmony".

The submissions were made before the Division Bench of Chief Justice DN Patel and Justice Prateek Jalan in a bunch of writ petitions seeking independent enquiry and registration of FIRs for violence that took place inside the Jamia campus on December 15, 2019 in the wake of protests against Citizenship Amendment Act.

These writ petitions also seek exemplary compensation for students who are severely injured due to the alleged police brutality.

Today, appearing for the Delhi Police, ASG Aman Lekhi argued that the present petitions are not maintainable as they are based on 'dubious claims' and 'unverified facts'. At the outset, Mr Lekhi argued that just because the present matter involves students and that the violence took place inside the University campus, it doesn't mean that the police action was unwarranted.

Mr Lekhi argued that a writ court cannot exercise its extraordinary jurisdiction under Article 226 of the Constitution for the petitions that have been filed without concrete proof and when there is an alternative remedy available in the form of criminal proceedings. He said:

'Petitioners have put grave allegations against the Delhi Police on the basis of newspaper reports which are hearsay evidence. They have collated information in bits and pieces to suit their political motives.'

Mr Lekhi further argued that the writ court should not entertain petitions filed in the form of Public Interest Litigation when they are based upon selective public opinion, 'dubious claims', and unverified proof.

'No one knows where these videos have come from. They have not been authenticated by any credible source. Petitioners want this court to reach an indictment on the basis of unverified proof. These are serious allegations against the Delhi police which require clear and strong proof', Mr Lekhi argued.



It was further submitted by Mr Lekhi that the criminal proceedings in the present matter has already commenced as the investigation is going on and chargesheets have been filed in multiple cases.

'When the Petitioners are not aware of the investigation, how can they claim that there should be an independent enquiry', Mr Lekhi argued.



It was also contended by the Delhi Police that the present petitions have been filed not by the persons who are accused in the matter but by those who are not affected parties. Therefore, the court should not exercise its jurisdiction on the basis of unverified facts.

The hearing on the submissions of Delhi Police will continue on August 21.



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