GO TO HIGH COURTS FIRST, RULES BOBDE

The Supreme Court on Tuesday declined to order an inquiry by its former judge into the violence across the country over the Citizenship (Amendment) Act, directing the petitioners to approach the respective High Courts.

Rejecting the plea to order an inquiry, the CJI Sharad Bobde-headed Bench held that an inquiry committee is not feasible at the moment, since the protests are spread over a vast area.

Right through the hearing, the CJI kept repeating that the Supreme Court is not a court for establishing facts; so, it is better for the parties to get the facts established before the High Courts. "Chief Justices (of High Courts) will pass orders for requisite action and then, if you have any concerns, you can come to us. Let us have the benefit of the High Court orders."

Senior advocate Indira Jaising, who raised the issue of police barbarism in the Jamia Millia Islamia University to seek an immediate hearing, pleaded that "if this is not a fact-finding court, some agency can be deputed for the purpose." When Jaising pressed further that the agency must inspire confidence of the student community and retired Supreme Court judges do inspire confidence, the CJI shot back: "That can still be done by the Chief Justice of the High Court." On Jaising drawing a parallel with the Apex Court's recent order in Telangana encounter, the CJI said: "In this case, there are various incidents in different parts and one commission cannot have the jurisdiction of this sort." She pleaded at least for an order stating that FIRs cannot be filed against innocent students and that they can’t be arbitrarily thrown into jail. Senior advocate Colin Gonsalves said the Jamia vice-chancellor has issued a statement on the facts while a false impression is being created that students were the rioters. When he wanted to read out the VC's statement published in a newspaper, the CJI stopped him, saying "we are not going to read newspapers to arrive at a judicial decision." On plea to send a retired judge to Aligarh Muslim University which is also embroiled in the disturbance, CJI Bobde said: "We cannot assure that but we will see to it that something is done."

He then asked Solicitor General Tushar Mehta appearing for the government to address two concerns expressed before the court: 1) Students being arrested without notice to authorities and 2) no medical attention being given to students. Explaining the violence, Mehta said: "Delhi Police had to make use of tear gas shells to disperse the crowd and one of the protesters picked up the shell and tried to throw it back when it exploded and that is how they sustained injuries." Mehta also said no student had been arrested. ‘‘We have to be responsible while arguing on facts. No students are in jail, were never in jail." Asked about the police entering the Jamia campus without permission, the solicitor general said: "We have a written communication from the proctor of the Jamia that some students are creating a law and order problem and the police force is requested on the campus." The Delhi Police has thus far arrested 10 persons, including three bad characters, for violence on Sunday near the university and said none is a student. It had detained around 30 students that evening but all of them were set free late in the night after identification by the university officials.