A Delhi Court (Saket Court) has dismissed an application by Jamia Millia Islamia seeking FIR against Delhi Police for barging into the University campus and assaulting students and others, while also destroying property, citing that the police are protected from prosecution under section 197 of CrPC for acts done in discharging official duty.

The application was filed by Jamia Millia Islamia seeking direction from the court to file FIR against Delhi police for breaking into University campus without seeking any sanction and for using excessive and arbitrary force on security personnel as well as students and also for causing destruction of property, firing tear gas shells and lathi charge on persons within campus.

The application stated that the Police also hurt religious sentiments of locals of the area by entering into the University Mosque. A complaint was given, on December 16, 2019 to SHO, Jami Nagar police station as well as ACP and DCP but since no action was taken, the application was filed.

Action Taken report

The court called for an Action Taken report (ATR) from the police in which it was stated that around 3,500 students had gathered to protest the Citizenship Amendment Act (CAA) on being instigated by local leaders and politicians. The ATR stated that deployment of anti-riot staff was done as per the standard protocol and that the said crowd was armed and set several vehicles on fire. The mob then went inside campus and started pelting stones on the police and raised provocative slogans and hence, police had to enter to contain the mob. 

Court’s observations

The court observed that since all allegations were levelled against police personnel who are public servants, it must be seen whether the matter falls under section 197 of CrPC. This provision protects public servants from prosecution if they are accused of any offence alleged to have been committed while discharging their duty. 

The court relied upon judgment in State of Orissa v Ganesh Chandra Jew [(2004) 8 SCC 40] whereby the Supreme Court held that the protection under section 197 of CrPC is “available only when the alleged act done by the public servant is reasonably connected with the discharge of his official duty and is not merely a cloak for doing the objectionable act”.

“If in doing his official duty, he acted in excess of his duty, but there is a reasonable connection between the act and the performance of the official duty, the excess will not be a sufficient ground to deprive the public servant of the protection… It is not the duty which requires examination so much as the act, because the official act can be performed both in the discharge of the official duty as well as in dereliction of it,” states the judgment.

The court observed that if there is a reasonable nexus between the alleged act and official duties of the public servant then even if the act might have been in excess of or in derogation of prescribed scope of duties, the protection under section 197 CrPC applies.

The court observed that it cannot be denied that police were trying to maintain law and order and that students were protesting and that the protests had taken a violent turn. 

The court considered the applicant’s argument that students’ protests were peaceful and some anti-social elements had caused violence but stated that it was not for the court to determine this in the current case. 

“Though it could be argued that while so acting, the police/ respondents had allegedly exceeded their jurisdiction and used more force than necessary in some instances, it cannot be said, by any stretch of imagination, that the said acts allegedly committed by the respondents were wholly unconnected to their official duty,” stated the court. 

The court admitted that it may be argued that the police could have shown some restraint and differentiated between peaceful student protesters and antisocial elements but the lack of restraint and excesses are both related to the official duties of the police. 

The court held that even if their actions may be questionable, they are protected under section 197 CrPC and hence, dismissed the application.

The complete order may be read here.

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Delhi riots: Court directs FIR registration for mosque arson

Delhi HC dismisses PIL seeking release of over 200 “illegally detained” farmers

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The Delhi Police marked December 15, the anniversary of the 2019 attack on Jamia Millia Islamia University by allegedly detaining activist Umar Khalid’s mother and sister who were a part of a peace procession to commemorate the date. 

Those detained apart from the close family of activist Umar Khalid, included a group of students, and others who had taken out a small candle-light peace march.  The group included many women, and were holding a small candle procession in the Batla House locality. Soon Delhi Police personnel arrived and “took them away to an undisclosed location,” Syed Qasim Ilyas who is Khalid’s father told Scroll. He then went looking for them at three police stations, but none of them knew where his wife and daughter were. “First there was news that they are in Lajpat Nagar police station, so I went there,” Ilyas said. “But they were not there. Then they told me to go to New Friends Colony station. But they were not there either,” he was quoted. 

The police action was confirmed by a video clip shared by journalist Saahil Menghani. “That’s the police taking the kids away,” a man can be heard saying. 

#Breaking

?DEC 15 AGAIN. Jamia students have given this video to me

?Students tell me, “Jamia students including girls & Umar Khalid’s mom DETAINED BY POLICE”

?”For participating in candle march in solidarity with victims of December 15, 2019 violence’

?I’ll keep updating pic.twitter.com/sYVpatr9NY

— Saahil Murli Menghani (@saahilmenghani) December 15, 2020

Atrocious on part of Delhi Police to detain Jamia students and Umar Khalid’s Mother and Sister for observing a protest in solidarity of students who were assaulted by Delhi Police last year on this day.

Delhi Police Stop behaving like General Dyer’s Police#15DecJamiaAttack pic.twitter.com/cJ5JSJzYMr

— AISA – Jamia Millia Islamia (@aisa_jamia) December 15, 2020

A few hours after his wife and daughter were detained, Dr Ilyas stated that he received a call from his family, informing him that they have been released and were at “the Jamia Nagar Police station.”  The Scroll quoted activist Anirban Bhattacharya sharing information that there had been heavy police deployment around the Jamia University for the past few days, and was “particularly heavy” on Tuesday morning. The date marks one year since massive violence broke out after an anti-Citizenship Amendment Act protest march by the university students. Many were injured, and public property damaged. 

Meanwhile, as reported by Quint, the Delhi Police stated, “A group of protesters had assembled at Batla House for a candlelight march to mark the anniversary of the CAA agitation. The police team removed the agitators from the spot. Meanwhile, three ladies also accompanied the protesters. The protesters were then counseled regarding Covid-appropriate behaviour and were requested to return to their respective homes.” 

Delhi Police have been accused of using extreme force at the Jamia Millia Islamia University (JMIU) campus on December 15, 2019  which was a Sunday, and a group of students were holding marches and demonstrations against the Citizenship Amendment Act (CAA) in areas near the university campus. The police allegedly cracked down on protesters. However, the police alleged that protesters pelted stones and also allegedly set on fire six buses and 50 other vehicles. It was widely reported that police then allegedly forced their way into the university campus and beat up students with lathis, forcing many to take refuge in the library and urinals. It has also been alleged that the police lobbed tear gas shells to smoke out the students who had hidden. Delhi Police also allegedly beat up students offering namaz in the campus prayer hall. As many as 50 students were detained then, but let off late at night. Police also allegedly entered girls’ hostels and locked up the inmates, and shut down power supply to the hostels.

A video of women students who live as paying guests outside campus valiantly shielding a man under attack from police lathis had gone on to becoming iconic reminders of the day.

Share@imMAK02 @UrbanXpat @brumbyoz @ndtv @ndtvindia @dhruv_rathee @irenaakbar @SanjayAzadSln @kunalkamra88 @iamrana @htTweets @deepsealioness @pankhuripathak @Nidhi @sardesairajdeep @RanaAyyub @ReallySwara @khanumarfa @ShoaibDaniyal @UN @UNHumanRights @priyankagandhi pic.twitter.com/ErSwASgYSR

— Saim Ali (@ahadsaim) December 15, 2019

What happened on the night of December 15 2020 was a scary sense of deja vu. The fact that women were detained / arrested is particularly alarming. It is well known that  the Supreme Court of India has said that women cannot be arrested after sunset and before sunrise. According to legal websites provisions of sub-section (4) of Section 46 of the Code of Criminal Procedure, 1973 reads thus: Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.” 

This is the norm that is to be followed. Is a candle march an “exceptional circumstance” that warranted the detention of women peacefully participating ? The Delhi Police are yet to answer that.

Related: 

Terror on campus: Police tear gas, lathi-charge Jamia students protesting CAA

Jamia Millia Islamia VC supports the students, condemns horrifying Police violence 

Modi Regime has Rid us of Fear: Mothers Shahira & Fatima Nafees dare Govt

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Any structure that exists with a clear mandate of placing absolute power in the hands of a few, will inevitably undermine the spirit of democracy at some juncture. From beating up of helpless migrant workers simply trying to go home, assaulting doctors and essential workers, to beating children, the police have shown us time and again they are not our friends (unless we are Members of Parliament whose children get birthday cakes from them).

?This child alleges that he was beaten up by UP’s Bareilly Police

?He sells fruits. He says, cops abused him & hit him with STICKS when his father was away for a bath

?I know so many cops whose children are studying abroad. And CM Adityanath, this is what a poor’s kid gets? pic.twitter.com/ZcGn9tIDsg

— Saahil Murli Menghani (@saahilmenghani) May 16, 2020

In December 2019, while analyzing the Jamia violence perpetrated by Delhi Police, I had asked the following question in a Hindi article: “जामिया के छात्रों से क्रूरता क्यों?” (“Who is the target of the Police’s Lathi? This is something we should think about”). Therapist and researcher- Sadaf Vidha answers, “The brutality of the police is meted out towards those most oppressed in the society. In this, it follows the same pattern of discrimination that the larger society follows. In India, we see disproportionate police brutality towards the poor, the migrants, the caste minorities, women, and the tribal population. In a bizarre incident, a lawyer in Madhya Pradesh was beaten brutally and told later, with an apology, ‘We thought you had a beard, so you were a Muslim’. When they have to make split-second decisions in the absence of proper training, with violence as the only method available, the decision is made on the bases of these implicit biases that they learned growing up and were later reinforced at various stages in their lives.” (extracts from researcher’s essay on thechakkar.com)

The indiscriminate and unjustified violence meted out by the police in Jamia Milia Islamia and Aligarh Muslim University students, as well as the violent measures taken to curb Anti-CAA protests may have fallen out of the news cycle, but they will never be forgotten.

6 months ago, today, police forcefully barged into the campus of Jamia Millia Islamia and Aligarh Muslim University. They shot at us, fired expired tear gas shells, brutalised students, used religion specific slurs, dragged kids out of hostels and beat them up.

— Shivangi ?️‍? (@shivangayy) June 15, 2020

Any citizen of India should be very concerned if, in the end, the police are not held accountable for their actions. An extremely biased report is already doing the job of whitewashing over the facts of Delhi Pogrom 2020. Similar gaslighting can be expected in the cases of police brutality. Whether they enter our places of education to perpetrate violence or overturn vegetable carts on the street, the police’s abuse of power with impunity needs to be questioned.

The Delhi Police, in particular, has also been perpetrating another form of structural violence by making a series of arrests targeting students, activists, and peaceful protestors including Safoora Zargar who has been denied bail yet again. The Judiciary is supposed to step up and protect the interests of the citizens. Instead, the Delhi High Court has repeatedly adjourned petitions seeking police accountability for indiscriminate arrests.

The Bengaluru police targeting veteran journalist Aakar Patel for posting about a peaceful #BlackLivesMatter protest is the latest in a long string of nationwide crackdowns on journalists and their freedom of speech. If we look at the big picture, the very people we rely on to keep us safe, are the source of fear. The Judiciary and the Government are complicit even in being passive. From the protests that helped us achieve our freedom from the hands of the British, to the online protests that we participate in now from our smartphones during the lockdown, it is our right, as citizens, to voice our criticisms of the law and order system in our country. Our ancestors put this free, independent nation in our hands, and we must nurture this freedom, we must build on it, we must never give it up in any manner. Jai Hind!

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The post Six months since Jamia violence, police brutalities not forgotten appeared first on SabrangIndia.

The picture being circulated on social media, in a bid to counter the FM’s narrative, is that of a man wearing police protective gear over his plain clothes, standing with some police men and being identified through his Facebook profile as a member of Akhil Bharatiya Vidyarthi Parishad, a right-wing group that is affiliated to the Sangh Parivar. One wonders what business does an ABVP member have wearing police gear and inflicting brutality on students?

While students of Universities like Jamia Milia Islamia in Delhi and Aligarh Muslim University in Lucknow came out in large numbers to peacefully protest the contentious Citizenship Amendment Act (CAA), they were faced with unprecedented police brutality.

Amidst such a sensitive scenario Sitharaman made an offensive and ill-informed comment saying, “I don’t know what happened at Jamia last night; we must be wary of jihadists, Maoists, separatists getting into student protests”. At one end she says she doesn’t know what happened there and on the other hand she makes an unfounded assumption that there may be elements like jihadists, Maoists, separatists in a students’ protest!

There were also some images and videos shared by social media users questioning why persons in plain clothes were engaging in lathi charge on students, along with the police.

Like in the above image, the man in a red t-shirt is even wearing the head gear of the police! What does this imply? Does the Finance Minister have any explanation for this?

To counter her claims though, a picture is surfacing on the internet and being shared on social media:

Once again, a person in plain clothes can be seen wearing police protective gear and this person is being identified from his Facebook profile as Bharat Sharma with a long allegiance with right wing organizations. He turned out to be an Executive Member of Akhil Bharatiya Vidyarthi Parishad, a right-wing students’ organization and also a volunteer of the Rashtriya Swayamsevak Sangh (RSS), the ideological parent of the ruling BJP. The caption below the image translates as, “Now tell us Ms. Nirmala Sitharaman who are these “Maoists, Separatists and Jihadists”? RSS, ABVP, BJP committing violence along with the police!”

While one could still question the veracity of this image, and this person’s identity is difficult to ascertain, it is clear that people in plain clothes were actually “allowed” by the police to wear their protective gears and to indulge in brutality on students. Is it not illegal to impersonate a police man? The police have immunity from the State, and the police have delegated this immunity to these rogues? Is there a perilous complicity between the police and these right-wing organizations we are not aware of and should we not be wary of them instead? When will the government break their silence on this?

These are just some questions the government will choose not to answer at this moment and some questions the masses will keep asking and it is upon the judiciary now to pull up the authorities and the government and get to the root of this.

The post Social Media counter FM comments, shows ABVP member in police gear appeared first on SabrangIndia.

After clashes rocked the Jamia Millia Islamia University (JMIU) on Sunday, protests have reached the Delhi University (DU) on December 16. Starting at the North Campus, at the Faculty of Social Science, students reportedly decided to boycott exams to express solidarity with their counterparts in JMIU and Aligarh Muslim University (AMU).

However, reports of unrest came in with students accusing members of the Akhil Bharatiya Vidyarthi Parishad (ABVP) of causing trouble at the peaceful protests.

Meanwhile, this morning in #Delhi University. #JamiaMilia #JamiaProtest pic.twitter.com/nAG4zJDWoc

— Nivedita (@Nivedita_singh) December 16, 2019

They Hate Universities, except the WhatsApp one.

Tomorrow it will be some other.#JamiaProtest #AligarhMuslimUniversity #DelhiUniversity pic.twitter.com/YOw2oCVSko

— NSUI (@nsui) December 16, 2019

This is #DU Right now. Snatching hijab over girls faces ABVP goons targeting & attacking students wearing hijabs #shame #DelhiPolice #murdabad
violence upon students of JMI, AMU and police stood silent as spectators. @asadowaisi @RanaAyyub @tamashbeen_#standwithjamia #AMU #DU pic.twitter.com/HQvIQhtzFX

— §umaiya khan (@pathan_sumaya) December 16, 2019

A student on campus told The Quint, “We came in the morning to give our exam paper, but we saw that police started misbehaving with the 10-15 students who were protesting. We then decided that we also have to protest here against the violence in Jamia. Then, around 60-70 of us students gathered and started sloganeering peacefully. Later, 4-5 goons of the ABVP came with sticks and started beating (us up). Around 70-80 police personnel were there, but the goons were beating us up. We saw the police talking to those who were beating us up. The police didn’t give us any protection.”

“We have seen how the police were backing the ABVP supporters while they were manhandling the other students who were protesting against the Jamia incident,” said Pankaj, a student of M.Phil.

Speaking to India TV, a student from the ABVP said, “These people (student protestors) are locking down the building, not letting anyone give exams. They are writing azaadi everywhere. Will the students write azaadi in their exams and raise slogans? We are also from Delhi University. They are trying to burn down Delhi University (DU). They burned down Bengal, JMIU, Lucknow (universities) and are now trying to burn down DU. DU will not burn down. No common student of DU will allow these people to enter. We have and will remove such elements from the campus.”

The ABVP student was probably mentioning the members of the National Students’ Union of India (NSUI) and the All India Students’ Association (AISA) who have now joined the DU students in their protests against the ABVP and the police.

Delhi University’s Student Union President Akshit Dahiya who belongs to the ABVP also put out a statement saying the students misled the faculty saying that exams would happen later and that most of the students were not from DU. He also said that they raised anti-national slogans and that he rejected the lockdown.

DUSU wholeheartedly welcomes #CAA2019. The false narrative of communist will not succeed in DU . No exams would be cancelled and the situation in university is of no worry . The agenda of urban naxalism will not work in DU. #भारत_माता_की_जय ?? pic.twitter.com/61bBGHgMSV

— Akshit Dahiya (@iAkshitDahiya) December 16, 2019

Abhigyan, a student of Ramjas College told reporters, “I am the only one who has been detained at Maurice Nagar Police Station. There was a group of 60-70 students who were protesting outside the Arts Faculty against police action on Jamia students.”

Another student said he has come in solidarity with Jamia students. “We have come here to protest against the NRC and CAA. We would not stop here and will keep raising our voice,” said Vaibhav (21), a student of Delhi University.

It has also come to light that the female students from JMIU are being made to sign a declaration that the police didn’t come inside the hostel by their teachers. This, even after Najma Akhtar, the Vice Chancellor of JMI has taken an official stance supporting the students and demanding a high-level probe in the matter.

#JamiaMilliaIslamia hostel students being made to sign a declaration that the police didn’t come inside. This is undue pressure by the administration.

Many girls finding hard to arrange alternate accommodations.

Please DM if you wish to help. #JamiaProtest #CAAProtests pic.twitter.com/dZzAlbuXHY

— ????? ???? ???? (@aaqibrk) December 16, 2019

Protests against the Citizenship Amendment Act (CAA) are in full steam throughout India, with students having come to the forefront to lead the protest. Assam and neighboring Meghalaya and Tripura have been under curfew, AMU and JMIU have witnessed violence and now students from all over the country are joining the protest against the anti-constitutional CAA. Police brutality against people – right from the public in Assam to the students in JMIU, AMU and now DU, has shown blatant human rights violations that are being committed in the name of maintaining peace.

Not only that, it has now openly come to light that fringe elements like the RSS and ABVP, both affiliated to the BJP are stoking the element of violence into peaceful protests thereby threatening the lives of innocent students.

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Video Courtesy: Hindustan Times

The post Jamia Millia Islamia VC supports the students, condemns horrifying Police violence appeared first on SabrangIndia.

The police assault on Jamia Millia Islamia University Campus is unwarranted, especially as the police,  have  admitted that students were not involved in the violent protests. Students have a right to protest and peaceful protest is part and parcel of our democratic rights.  Rather than addressing the issue, the ruling party is deliberately trying to create a tense situation in institutions like Jamia Millia as well as Aligarh Muslim University so that police get an opportunity to enter there and suppress the peaceful democratic protests, violently.

The tragedy is that our police are not either professional or well trained to handle peaceful protests: they harbour attitudes that automatically lead them to beat up innocent citizens, mercilessly. The Delhi police, in past years has been notorious: recall their treatment of Radhika Vemula, Rohit’s mother at India gate or Fatima Nafees, Najeeb’s mother outside the CBI headquarters! 

The real villain in the entire game are politicians who are playing with fire and creating unrest to enable them vilify the Muslims who are duly, and justly agitated that their concerns are not addressed.

How can the police enter into a University campus without the permission of the administration ? Are we becoming a police or a militarised state ? Is this the way to handle a genuine protest which has disturbed the peace of mind of India’s 20 crore population? Does the government think that keeping 20 crore Indians  people under threat, on toes will help them politically ?

This is disgraceful to say the least. Even if the politicians play with their petty politics, the police and bureaucracy need to follow the constitution of India and need to be committed to that. It must handle the situation with care and not treat students as criminals.

We know there are sections of the privileged, Brahmanical (manuwadi)  media reporting from the ‘battle ground’ which has already decided that the students are ‘criminals’ and police is the saviour! 

The video and pictures of student being forced out of campus in a position of ‘surrender’ is most inhuman and barbaric. Like what happened many years ago when the criminals of the Uttar Pradesh police fired on the innocent people of Maliana and Hashimpura, in Meerut, this picture must send shivers in your spine. This is not a way to treat to the young students, who are the future of India. You cant make university campuses a militirised zone.

We must condemn all forms of violence. All students and their associations must understand that there are forces within and outside who are ready to defame them. It is therefore important for them to remain vigilant while at the protest. Keep the vigil and do not allow fire brand speeches which raises the social temperature and even provokes people.

These are issues which need to be seriously thought through. One thing is clear. No Indian should be worried about his citizenship. The amended act does not snatch anybody’s citizenship but is a cover to help those among “illegal infiltrators or refugees”  who are non Muslims. The newly amended law cannot take away the citizenship of our Muslim community. Yes, a national NRC is aimed at harassing them and is also a deliberate attempt to keep them on toes. We hope most of the states will not allow the NRC to be implemented in their states.

We hope that the Supreme Court will also look into these matters. Political parties must protest and so must agitated citizens. At the same point of time, we also need to be clear about the aim of these protests.  We must not allow rumours to rule over our heads.

As Indian citizens, we stand together in our fight for justice and against all forms of discrimination, oppression and injustice. The Delhi government must order an inquiry into the Jamia incident of violence and all students who have been injured must be provided medical support. The campus must be brought back to normalcy.

Jamia and AMU have a great history and we need to respect their sentiments. Any attempt to criminalise the students and their leaders must be condemned. The rightful concern and grievances of the Muslim community and its youth must be heard with care. When our political parties fail, the people rise in protest and this is spontaneous outcry. It is time for the government and the party in power to think of their actions which are disturbing peace all over the country. It is time for the government to assure the people of its intent. 

Will the government step forward as guardian  of all the Indian people and reassure agitating Muslims?  Or will it allow the situation to escalate to reap narrow political benefits from  a polarised polity ?

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