The Delhi High Court on Thursday emphasized the necessity of hearing the police’s objections before deciding on an amendment application in a case tied to the December 2019 violence at Jamia Millia Islamia University. Justices Chandra Dhari Singh and Anup Jairam Bhambhani highlighted the judicial protocol that mandates hearing both parties before passing any orders.
The court’s statement came in response to a plea seeking the inclusion of specific prayers within the existing petition, which calls for actions like the lodging of an FIR against involved police officers. “We cannot hear the matter on the lodging of FIR unless we allow the amendment application. There is serious opposition from the state, and that side has to be heard before any order can be passed,” the bench clarified.
The petitioners, including lawyers, Jamia students, and local residents, have submitted several pleas post-violence, advocating for the establishment of a Special Investigation Team (SIT), a commission of inquiry, and measures like medical treatment and compensation. One notable petition amendment includes a directive for the Centre to treat the plea as a formal complaint to the police and to promptly register an FIR regarding alleged criminal offenses by the police.*
During the proceedings, Special Public Prosecutor Rajat Nair, representing the Delhi Police, argued that many of the requests in the petitions were no longer relevant since the events occurred in 2019. However, Senior Advocate Colin Gonsalves, representing petitioner Nabila Hasan, justified the plea by stating the authority granted by the injured students and referenced a prior court order that maintained the validity of the relevant prayers.
Gonsalves also painted a grim picture of the incident, claiming peaceful student protests were met with excessive police force, resulting in severe injuries and violations of personal rights. The court has scheduled the next hearing for April 24, where it will further address the complexities of this high-profile case, which stems from the widespread anti-CAA protests at the university.
