Move high courts for relief: SC
NEW DELHI: The Supreme Court on Tuesday refused to set up an inquiry committee to look into allegations of police excesses during clashes between police and students at Jamia Millia Islamia and Aligarh Muslim University but directed the petitioners to approach high courts for adequate relief.
A three-judge bench led by Chief Justice of India SA Bobde said, “We are not a trial court. We cannot assume jurisdiction for whatever is happening all over the country. The situations may be different, facts and circumstances may be different.”
The bench also comprised of justices BR Gavai and Surya Kant ordered that “we consider it appropriate that the petitioners be directed to approach high courts in their jurisdictions. We are confident that the chief justices of the high courts will make appropriate inquiries and appoint committees to look into the issue, including former judges of this court or high courts after hearing the Union of India and state governments.”
The court also emphasised that “we have confidence our CJS will find the right solutions and find the right facts”.
The students were protesting against the government’s Citizenship Amendment Act, 2019, which gives citizenship to migrants belonging to six non
Muslim minority communities from three countries: Pakistan, Bangladesh and Afghanistan.
Arguing for the students and activists who had filed the petition in the apex court against police high-handedness, senior advocate Indira Jaising said, “My request is let law take its course, direct police not to file FIRS against students and throw them in prison. I am seeking peace measure. If we seek peace, no arrests should be made.”
Jaising also impressed upon the court that such an order was made recently in the lawyer-police clashes in Delhi. She also told the court that police should not be allowed to enter the universities without permission.
“It is a cross-state issue and needs a fact-finding SIT. How can the court wash its hands of the issue? The court heard the Telangana encounter case. We are asking for a similar order,”
Jaising said.
Jaising also raised the issue as to why no FIRS had been filed against police personnel.
But solicitor general Tushar Mehta rebutted all assertions by Jaising of students being jailed and beaten. He told the court that not a single person was in prison. “Police officers are in the court to satisfy the judicial conscience of the court,” he said.
Defending the police action against the students, Mehta said, “Police are not the cause of the injuries to the students and only two students from Aligarh Muslim University have been hospitalised.”
The court had on Monday refused to take up the matter, saying, “We have enough experience of how rioting happens; we will decide the matter, but not in this atmosphere. All this has to stop”.
THE SC EMPHASISED THAT ‘WE HAVE CONFIDENCE OUR CJS WILL FIND THE RIGHT SOLUTIONS AND FACTS