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A bench comprising of Chief Justice Govind Mathur and Justice Vivek Varma directed the National Human rights Commission (NHRC) to complete the probe into the alleged police violence that took place in Aligarh Muslim University (AMU) during the anti-CAA protests. This order came in a PIL filed by Mohd. Aman Khan against the police action unleashed in AMU on December 15, 2019.
The Court has directed NHRC to complete the said probe within a month’s time and the case has been listed to be heard on February 17.
What the petition says
The Petitioner, Khan sought directions from the court to set up a court-monitored committee in order to conduct judicial inquiry into the acts of police violence. The petition also sought an order directing the state to declare names of those students and residents of Aligarh Muslim University students and residents of Aligarh Muslim University who were detained by the police. It also sought to preserve CCTV footage of cameras at the University and to provide adequate compensation to all those detained or injured due to police action.
Khan also asked for criminal proceedings to be initiated against armed force officials who can be recognized from the videos and audios committing violence. The petition gave a detailed account of how the violence was unleashed upon the students of AMU and how they were heavily injured in the lathi charge and firing of rubber bullets and pellets. It also highlighted the reckless manner in which the State used force upon the students. Many photographs of violence have also been submitted to the court.
In the counter affidavit filed on behalf of Inspector General, Law & Order, U.P. and Senior Superintendent of Police, Aligarh claimed that students had violated the prohibitory orders under section 144 of CrPC and they caused hindrances in the functioning of the police personnel. It was also claimed that they made use of water cannons and tear gas shelling and no lethal weapon was used even as students pelted stones. The affidavit also states that they detained 26 people, 15 of which were not University students.
Order of the High Court
Even as the petitioner’s lawyer insisted that a Special Investigating Team probe into the matter and refused an inquiry by NHRC as the same is more of a ‘civil nature’, the court directed NHRC for conducting the inquiry. The same was justified by the court stating that the Commission is appended with the duty of proper implementation as well prevention of violation of the human rights and fundamental freedoms available to every human being and has the power to inquire into such matters.
The court observed that, “the instant case indicate alleged violation of human rights and also alleged negligence in the prevention of such violation… the photographs annexed with the petition reflect certain serious happenings which are termed by the petitioner as brutal, violation of human rights that also amounts to commission of cognizable crime. The narration of facts certainly demands a probe.”
The complete order may be read here
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