New Delhi, July 6, 2020 –
Solicitor General Tushar Mehta while raising objections over some statements made in the petitions relating to Jamia violence, told the Delhi High Court that such statements are “more of a political nature which are being made at a protest site” and “not a pleading before a court”.
“This is more of a political statement being made at a protest site and not a pleading before a court,” SG Tushar Mehta said while seeking deletion of certain language being used in the petition relating to the violence that broke out in and around the Jamia Millia Islamia in December last year.
The objections were raised over the allegations in one of the petitions which stated that “the Home minister directed that you (police) mercilessly beat the students and break their bones.”
“There is a purpose and a hidden agenda behind these petitions, irresponsible pleadings are becoming an order of the day,” the SG told a division bench of the High Court presided by Chief Justice D.N. Patel and Justice Prateek Jalan which was hearing a batch of petitions in connection with the Jamia violence.
Following these submissions, the court asked the petitioner’s counsel Colin Gonsalves if he wishes to remove the objectionable part from the said document. Why personal allegations against xyz..? Everyone was arguing so nicely on law,” the bench said.
During the course of arguments, one of the petitioners represented by advocate Md. Usman Khan submitted before the court that the details of the police log book, the details about the weapons used, unlawful assembly aren’t on record and the same should come to fore.
Moreover, senior advocate Salman Khurhsid gave a submission before the bench that a consolidated list of issues shall be made and the same be given to the court for a smoother flow of proceedings.
The court has now posted the matter for further hearing on July 13.
Earlier, the Delhi Police filed an affidavit before the High Court in connection with this matter. It stated that the violence that erupted in December last year was a “well-planned and orchestrated attempt by some persons with local support (who were not students) to intentionally perpetrate violence in the area” and the said incident “was not sporadic but well-planned”.
“From the electronic evidence and also from the statements recorded, it is clear that in the garb of student agitation, what happened in fact appears to be a well-planned and orchestrated attempt by some persons with local support (who were not students) to intentionally perpetrate violence in the area,” the affidavit read.
“The investigations have revealed that the local leaders and politicians were instigating the protesters and were raising extremely provocative and inciting slogans (who were arrested subsequently),” the police said.
In the affidavit, the police stated that it is clear that the violence “was not sporadic” but “a well-planned incident”, as the rioters were well armed with stones, lathis, petrol bombs, tube-lights etc, which “clearly manifest that the intention of the mob was to disrupt the law and order situation in the area.”
The affidavit also stated that exercising the fundamental right of dissent is and should be respected. “However, no person can be allowed to commit breach of law, indulge in violence, arson and riotous activity causing danger to life, limb and property of innocent citizens under the garb of exercise of fundamental right of free speech and assembly,” it said.
Rebutting the batch of petitions, the police stated that the petitioners have created a patently false and fabricated picture of police brutality. “It appears from the averments made in the respective writ petitions that a concerted and well-orchestrated effort has been made by the petitioners to mislead the court,” it added.
“It was only due to unavoidable circumstances, as contemporaneously captured in electronic evidence gathered by the respondent, that it became imperative for it to enter the university, which was being used as a shield by the rioters to pelt stones and other lethal objects on the police force,” the police said in response to the allegations of the petitioners that the police had entered the campus without permission
In a violent confrontation between the police and anti-CAA protesters on December 15 last year, petrol bombs were targeted at police personnel, ordinary citizens and the media as a raging mob seized parts of south Delhi refused to let go. (Agency)
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