In Complaints Against Police Violence In Jamia, NHRC Recommends SIT Probe To Identify 'Real Perpetrators Behind Violent Anti-CAA Protest'

Disposing of a bunch of complaints filed against the police violence in Jamia Milia Islamia in December 2019 in the wake of protests against the Citizenship (Amendment) Act 2019, the National Human Rights Commission recommended a probe by Special Investigation Team of the Delhi police to identify and arrest the "real perpetrators" behind the protests, which were termed violent by it.The human rights body puts blame on the students of the University for holding protests without proper permission from the University. The NHRC observed that the students had come under the influence of outsiders to indulge in unauthorized protests. It stated that the students of Jamia were a part of an "unlawful assembly" and were responsible for instigating the actions of the Delhi Police; they had indulged in destruction of property, both public and private, and therefore, could not avail for themselves the protection under the rights enumerated under Article 19 of the Constitution of India.The Report states that there exist insidious elements which were at work when the protests took place, and that there is a need to uncover these elements. "There is a need to uncover real actors, and motive behind overall protest at Jamia Milia Islamia which seems to be smartly and purportedly organized under disguise of students", it observed.In the light of such observations, the NHRC recommended :"Government of India to direct Police Commissioner of Delhi to ensure that the SIT of Crime Branch, Delhi Police investigates all the related cases on merits and in a time-bound manner by identifying and arresting the real perpetrators behind this violent protest"No recommendation for independent probe into police violence Seven months after the emergence of CCTV visuals showing police violence, the NHRC recommended the Government of India to direct Police Commissioner of Delhi and Director General of CRPF for RAF to identify members of the force who were seen on CCTV footage damaging CCTV cameras, unnecessarily coming inside the libraries and using tear gas shells inside the close compound of the library."A suitable action may be taken against them as per rules and provisions that exist in the respective organization", it said.The complainants had sought for investigation into police excesses by an independent agency monitored by retired judges.The human rights panel also recommended the GNCTD to provide suitable compensation to the injured students who received grievous injuries, on humanitarian grounds.The other key recommendations with respect to police actions are :* Government of India to direct Police Commissioner of Delhi and Director General of CRPF for RAF to ensure that the police force is sensitized and special training modules are carried out to inculcate professionalism in handling such law and order situations;* Government of India to direct Police Commissioner of Delhi to expedite administrative inquiry into alleged atrocities committed by the Police inside the library, and for actions on its findings and recommendations to be taken promptly;* Government of India to advise Police Commissioner of Delhi and other senior officers to improve and set up a robust intelligence gathering system to ensure better preparedness to prevent such incidents in the future. Special steps may be taken to counter rumour mongering and circulation of distorted and false news especially on the social media.Multiple complaints had been registered at NHRC regarding the detention of students and, the use of excessive force in form of lathi-charge and tear gas shells by the Delhi Police during a peaceful protest being conducted by the students of Jamia on 15th December, 2019. The complaints had alleged that students had been grievously injured as the police entered the University, damaged the library, hostel and other public places. Regarding the alleged atrocities committed by the police, the Report states that the police was law-bound to contain the activities in order to maintain law and order. However, it also terms as the use of tear gas shells inside the compound as "irresponsible action of the police" which "could have been avoided". The report stipulates that the NHRC team, led by Ms. Manzil Saini, SSP, visited the spot and recorded statements, and then came to the following conclusions:Protests were not peaceful as claimed; police was forced to intervene The protests embarked upon by the students of Jamia were conducted without any permission of the University, despite a 2017 notification requiring for such prior permission to be sought in order for any "activity" to be conducted. They were also not "peaceful as they claimed". A previous "clash" had taken place between the police and the students/local residents on 13th December, however, the police had "succeeded to contain them at Gate No. 1 of the campus. No report/complaint in regard to this incident was made to any authority. The report then states that the...

In Complaints Against Police Violence In Jamia, NHRC Recommends SIT Probe To Identify 'Real Perpetrators Behind Violent Anti-CAA Protest'

Radhika Roy

The report also recommended probe by Delhi police on police violence in Jamia

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