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Jamia Violence: Dismissal of FIR on police, court says official duty was

 In December 2019, after a clash in a demonstration against the CAA, the Delhi Police barged into the Jamia Millia complex and lathi-charged, injuring around 100 people. The university had filed a petition to file an FIR against the police on the charges of admission without permission and assault on students and security guards.

घटना के बाद जामिया कोऑर्डिनेशन कमेटी द्वारा जारी सीसीटीवी फुटेज में पुलिसकर्मी लाइब्रेरी में बैठे छात्रों को लाठी से मारते दिख रहे थे. (साभार: ट्विटर/वीडियोग्रैब) 
 New Delhi: A Delhi court on Wednesday dismissed a petition requesting Jamia Millia Islamia to enter the premises without permission and to register an FIR on Delhi Police officials for assaulting students and security guards. The case is during a demonstration against the Citizenship Amendment Act (CAA) in December 2019. Metropolitan Magistrate Rajat Goel said that the alleged acts done by the police officers fall within the scope of the work done in the official discharge of duties and necessary sanction will have to be obtained from the concerned authorities to prosecute them. The court said, "As per the law laid down by the Supreme Court, necessary clearance must be done even before the jurisdiction is exercised." 
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In view of this, the existing application cannot be allowed without approval. ' The application requested to register an FIR on the police officers and claimed that on 15 December 2019, police officers committed various atrocities, including vandalizing public / university property and using force on helpless students. Is included. These students were exercising their right to a peaceful demonstration. The petition said that in the CCTV camera footage, the police was seen vandalizing a library where students were studying. Students who had nothing to do with CAA protests and one student Mohammad Minhajuddin lost their eyesight. In the action report filed on the court's order, the police claimed that the protesters set several vehicles on fire and entered the university campus, pelted stones at the police and shouted provocative slogans. The report said, "In order to maintain law and order, the police had to enter the university campus and some people were detained and controlled the mob." Lawyers Asgar Khan and Tariq Nasir, representing Jamia in the case, said that they would file a review petition in the High Court against the order. The court said in its order that it was clear from the factual background of the case that some demonstrations had turned violent and policemen were working to control the demonstrations at the time to prevent violence and worsen the law and order situation. To prevent this from happening. The judge said that it could be argued that while taking action, the police / respondent allegedly crossed his jurisdiction and used excessive force at some places while it could not be said that the accused allegedly did The said act was not related to his official duty. The judge said that it could likewise be argued that the defendants (police) might have dealt with the situation better and to differentiate between peaceful student protesters and anti-social elements who tried to capture the entire movement. But the police should have demonstrated some restraint. He said that the use of excessive force by the police in not showing restraint and trying to control the situation is related to official duty. The judge said that this court has no hesitation in saying that the act allegedly done by the police comes under the purview of Section 197 of CrPC and it has been done in the course of performing official duty. At the completion of one year of violence last year, the university's Vice Chancellor Najma Akhtar told The Wire that there is no hope now (FIR). Instead we would like to focus on the future. Akhtar had said, "Whatever we had to say, we had told the concerned ministry. We asked them to take necessary steps and now the ball is in their court. Our only concern was that the FIR should be registered, which the police did not do. We went to court but no decision was reached, so we do not want to waste our time behind such things, which have no result. We are now fully focused on our work. '
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 Akhtar had said, "If the court is taking so long to decide whether an FIR will be registered or not, we cannot say anything about it." Let me tell you that on December 2019, students of Jamia Millia Islamia were protesting against the Citizenship Amendment Act. After the clash during this time, Delhi Police entered the university campus and lathi-charged, in which around 100 people were injured. At the same time, one eye of a student was lost.

SOURCE ; THE WIRE

 

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