[Jamia Protests Hearing] 'You Cannot Have Hundreds OF FIRs And Throw Them In To Prison": Jaising [Courtroom Exchange]

The Supreme Court on Tuesday asked the petitioners to approach the concerned High Courts with their prayers for a Court-monitored probe into the reports of police atrocities against students of Jamia Milia Islamia and Aligarh Muslim University during protests against the Citizenship Amendment Act.The bench consisting of CJI Bobde, Justices Surya Kant and B R Gavai said that it was not feasible for the SC to monitor the probe as the incidents happened across the nation."What can this court do? We are inclined to send it to the HCs. We are not inclined to hear it...show us why would entertain this", observed Chief Justice S. A. Bobde at the outset."There is widespread discontent regrading the CAA all over the country. It is being tainted as anti-muslim. The first protests came from the north-east,...the indigenous people don't trust the Act...Then, the Muslims. First, from the AMU, then Jamia, from students who are our guiding lights. Siege was laid...", submitted Advocate Mehmood Pracha."Under what section was siege laid? What is siege?", asked the CJ."Siege cannot be placed under any section...siege is where civilians are surrounded by the army", replied the Counsel."You are treating us a trial court... A court of first instance", noted the CJ."This is a pan-Indie situation. Many HCs will be needed to be approached otherwise", argued the advocate."There are different situations everywhere, different facts, different steps taken by authorities, different consequences, like some are in the hospital, some have not been treated, different view taken about every incident...we dint want to club it all. We don't want you to not be heard but we don't want to spend time going into facts at the first stage", remarked CJ Bobde.SC Bench headed by CJI Bobde begins hearing on Pleas against alleged Police Violence against #JamiaProtests against #CitizenshipAmendmentAct— Live Law (@LiveLawIndia) December 17, 2019The judge also took offence at Pracha's language when the latter tried to make further submissions to satisfy the court that they "have to be heard"."There is a commonality in all these incidents! And as the information is percolating, these incidents are only increasing!", urged Pracha."How were the buses burnt? It is a law and order situation...", noted the CJ."It was the police that burnt the buses! Police in uniform breaking public property! But we don't want to say that!", contended Pracha."This is not a court of first instance...have the facts established by an order of the HC. Then we will do whatever is required", repeated the CJ."This is the best forum! The government has a vested interest in showing this in a bad light! There is a reason why the National Commission for Minorities is a party here...a method has to be devised...", the advocate refused to relent."We are not saying there is no problem. We are not saying it is not serious. But we are not an institution that maintains law and order...we are not at the moment deciding what the bill is. We are not concerned with the government's stand", said the CJ.Next, Senior Advocate Indira Jaising pressed her prayer for no coercive measures against the students of AMU and Jamia Milia Islamia- "FIRs are being registered against the students one after the other! Let the law take its course! If you want peace, like Your Lordship said Yesterday, you cannot have hundreds and thousands of FIRs, arrest students and throw them into the prison!""Only in AMU and Jamia, not all.. over the country...what should the police do? if someone has broken the law, if stone are being thrown? You may be innocent or guilty, but if the police thinks you are guilty, a FIR is to be registered...", interjected CJ Bobde. "If Your Lordships need any factual assistance, just to satisfy Your Lordships' judicial conscience, all senior police officials on the site have all the documents...", intervened SG Tushar Mehta."But how will they come and give evidence if they are locked up in jail? Lawyers are also caught up in seeking bail for them!...Some have lost arms and legs! Mr. (Colin) Gonsalves will tell you that he has an intern who has lost eyesight!", pressed Ms. Jaising. At this point, the SG displayed every sign of objecting, stating that the "sense of responsibility" be not forgotten."This court has held that humanitarian medical aid has to be provided free of cost! Even by private hospitals! Even to criminals!...Universities are private places, which the police is not supposed to enter without the permission of the vice-chancellor!...And when the university is shut down prior to the scheduled holidays, where should the students go? Sleep on the streets in the dead of the winter? Go home overnight?", pleaded Ms. Jaising."We are not saying that you don't have a problem. Each of our Chief Justices (HC) will respond and pass orders. Then you come to us, we will hear you and pass appropriate orders...", repeated the CJ."Telangana (Hyderabad encounters) was a cross-state issue too...so why ...

[Jamia Protests Hearing] 'You Cannot Have Hundreds OF FIRs And Throw Them In To Prison": Jaising [Courtroom Exchange]

Mehal Jain

Tags