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‘Will Hear Plea Against Police Only If Riots Stop’: CJI on Jamia

The SC has agreed to hear petition requests for an independent inquiry into the police violence on Tuesday.

The Quint
Law
Updated:
File image of Chief Justice SA Bobde.
i
File image of Chief Justice SA Bobde.
(Photo: The Quint)

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The Chief Justice of India, SA Bobde, on Monday, 16 December, decried violent protests following alleged police brutality at the campuses of Jamia Millia Islamia and Aligarh Muslim University on Sunday.

The Supreme Court has agreed to hear petition requests for an independent inquiry into the police violence on Tuesday, 17 December, with a caveat: "If protests and violence and damage of public property will be there, we will not hear the matter".

The CJI added that the Supreme Court will not be bullied, as per a LiveLaw report.

A group of lawyers led by senior advocate Indira Jaising and Collin Gonsalves urged the bench, also comprising justices BR Gavai and Surya Kant, to take suo motu cognisance of the alleged violence unleashed against protesting students, reports PTI.

‘Peaceful Protests Are Fine’

Making the court’s stance on the riots clear, the CJI said that he had no objections to peaceful protests, but they could not take a decision “just because stones are being pelted.”

“If you want to take to the streets, take to the streets. This is not how you do it. Peaceful protests are fine. Not like this. We can only do anything when the riots have stopped.”
SA Bobde, Chief Justice of India

“Just because they happen to be students, it doesn’t mean they can take law and order in their hands, this has to be decided when things cool down. This is not the frame of mind when we can decide anything. Let the rioting stop,” he said.

The CJI was hearing an urgent mentioning by several senior lawyers including Colin Gonsalves, Indira Jaising and Salman Khurshid, seeking the apex court’s intervention against the actions of the police in Jamia Milia University and Aligarh Muslim University.

Human Rights Law Network has filed a petition on behalf of students from both universities, asking the Supreme Court to pass directions to appropriate authorities to:

  • Ensure that all injured students receive medical attention;
  • Ensure that the police do not register any criminal proceedings against any of the students detained;
  • Ensure that the names of all students still detained are made available on police websites so that parents can be informed;
  • Pay compensation to the injured students.

Hundreds of students reached the old Delhi Police headquarters at ITO late on Sunday night to take part in an “emergency” protest in response to the police action at Jamia’s campus.

More than 100 people, including students, policemen and firefighters were injured, after cops threw teargas shells inside the college campus, forced their way in, and reportedly dragged students out of the library and the mosque, and assaulted them.

(With inputs from LiveLaw and PTI)

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Published: 16 Dec 2019,12:29 PM IST

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