2019 Jamia violence: Delhi Police opposes transfer of investigation

New Delhi, Dec 13 The Delhi Police has opposed a plea seeking a transfer of investigation in the FIRs registered against students and their complaints against police officials in the 2019 Jamia Islamia violence case from it to an independent agency.

It opposed the prayer, saying that it not only seeks to expand the scope of the plea but also is based on a "new cause of action".

The Delhi Police argued that the petitioners, who are third-party strangers, cannot, under the garb of Public Interest Litigation, seek a judicial enquiry or investigation by any third-party agency for ventilating grievance of persons who are not before the court.

The response has been filed to an amendment application seeking to transfer of investigation against the students and their complaints against police officers in the Jamia Millia violence case from Delhi Police to an independent agency.

The Delhi HC, on November 29, had asked the Centre to file a reply within a week.

The application also had the request made by student named Nabila Hasan seeking the constitution of an independent special investigation team (SIT) headed by any of the officers among a panel of four officers comprising Vibhuti Narain Rai, Vikram Chand Goyel, R.M.S. Brar, and Kamlendra Prasad.

The case relates to the violence that broke out on the campus of Jamia Millia Islamia on December 15, 2019, during the students' protests against the Citizenship (Amendment) Act.

Earlier, while appearing for one of the petitioners, senior advocate Colin Gonsalves had submitted that the case was being dealt with by another bench earlier.

He contended that the matter hasn't been taken up for two and a half to three years.

According to Gonsalves, students had gathered at the gate of Jamia for a peaceful march to the Parliament to protest against CAA and NRC in December 2019. However, they were told that they cannot march even peacefully and later they were brutally attacked.

"Merciless beating... it is now well-documented. They fractured the bones of many students, blinded one and went into the girls' hostel... (they) were also beaten mercilessly... went into the library," he had submitted.

Representing the police, advocate Rajat Nair had earlier submitted that the application has not been allowed yet, to which the court said it would have to first determine the scope of the proceedings.

The Centre told the court that no reply has been filed to the application even after the issuance of notice.

To this, the bench said: "So we will give you time till next week to file a reply to this application."