New Delhi: The city police Monday told the Delhi High Court that CCTV footage of the violence that broke out in Jamia Millia Islamia (JMI) University following protests against the Citizenship (Amendment) Act (CAA) in December 2019 was collected well in time and preserved, and forms part of the record of two criminal cases lodged in connection with the incident.
In an affidavit filed before the high court, Delhi Police also opposed a prayer for monetary compensation to those allegedly detained or injured by the police and paramilitary forces, saying the NHRC has, after a thorough and detailed enquiry, already recommended to the Delhi government to provide suitable compensation to the injured students.
The police said seeking compensation again in relation to the same event was an attempt to abuse the equity jurisdiction of the high court and the plea should be rejected with exemplary cost.
“It is submitted that as evident from the aforesaid direction passed by NHRC, the Chief Secretary, GNCT Delhi, was directed to provide suitable compensation to persons who have received grievous injuries. It is submitted that the details of the compensation supplied by GNCTD is presently not available with the respondent Delhi Police and efforts to get the same from GNCTD are being made,” said the affidavit filed in response to a petition alleging police atrocities on students inside the campus on the day of the violence.
In relation to the December 2019 incident, several petitions are pending before the high court seeking directions for setting up Special Investigation Team (SIT), Commission of Inquiry (CoI) or a fact finding committee, medical treatment, grant of compensation and registration of FIRs against the erring police officers.
The petitioners before the court are lawyers, students of JMI, residents of Okhla in south Delhi, where the university is located, and the Imam of Jama Masjid mosque opposite Parliament House.
A bench of Justices Siddharth Mridul and Talwant Singh listed the matter for final hearing July 13.
Senior advocate Indira Jaising, appearing for one of the petitioners, said the matter should be kept for final disposal now.
She had earlier argued that the force used by the police in the present instance was “wholly unproportional to alleged public good” and urged the court to constitute a fact-finding committee comprising former judges to ascertain the “authentic” events for granting further relief.
The fresh affidavit filed in the matter said CCTV footage from 13 different locations in New Friends Colony as well as four locations inside and outside the university –including two libraries that were the scene of alleged vandalism, were collected in connection with different cases related to the violence.
“The CCTV footage available in area of PS New Friends Colony and PS Jamia Nagar, New Delhi was collected well in time and the same forms part of case file in the above two FIRs and is thus duly preserved,” it said.
The police also filed the NHRC report in connection with the alleged police brutalities which not only recommended grant of compensation but also suggested the Centre, Delhi police and other authorities to “identify members of force as seen in CCTV footages involved in damaging CCTV Cameras, unnecessarily caning inside the reading rooms of libraries of Jamia Millia Islamia and also using tear gas shells inside the close compound of library” and to take “suitable action”.
The NHRC, in its May 2020 report, also recommended the identification of the “real perpetrators behind the violent protest”.
The petitioners earlier said in the present case, there was a need for an SIT, which was independent of the police and the central government, to probe the brutalities committed upon the students by the police force.
They said such a move would “reassure the public” and restore the people’s faith in the system.
The police have opposed the petitions and said the reliefs sought by the petitioners cannot be granted as charge sheets have been filed in connection with the cases and they should have sought whatever relief they wanted before the subordinate court concerned.
It has opposed setting up an SIT to probe the alleged police atrocities as well as transferring the FIRs lodged against students to an independent agency and argued a “stranger” cannot seek a judicial enquiry or investigation by any third-party agency.
The police have said the PIL petitioners cannot be permitted to choose the members of SIT for investigating and prosecuting any alleged offence.
They have asserted that in the garb of student agitation, there was a well-planned and orchestrated attempt by some persons with local support to intentionally perpetrate violence in the area and, subsequently, a comprehensive investigation has been carried out by the Crime Branch of Delhi Police in several FIRs.
October 19, 2022, the Supreme Court had requested the high court to “hear out early” the petitions concerning the incidents of violence while noting that “these matters are pending before the high court for some time now”.
The matter will be heard next July 13.
PTI