The ATR also stated that the police could not identify between rioters who carried petrol bombs and trapped Jamia students.
New Delhi| The Delhi Police on Monday urged a court to dismiss an FIR plea on alleged police excesses on the students of Jamia Millia Islamia in December 2019, contending that action was required to ensure normalcy at the time.
The Delhi Police in their action taken report submitted before a Delhi court in connection with the violence at Jamia Millia Islamia University (JMI) have claimed that the police was constrained to enter the campus to contain the violence and save innocent students trapped inside.
Metropolitan Magistrate Rajat Goyal had directed the Delhi Police to file an action taken report on the plea of Jamia Millia Islamia University seeking registration of FIR against police action on students at the university in December.
The plea was filed by advocate Asghar Khan, who submitted that the Delhi Police mercilessly beat up University students, hurled racial abuses and made derogatory comments, and some police officers, without any just cause, broke open the main library gate and lobbed tear gas shells, The Indian Express reported.
In their reply to the court, the Delhi Police submitted, “With a view to contain the violence and maintain, the law and order, the police was constrained to enter the university campus. The police personnel could successfully contain the violent activity by temporarily apprehending 52 persons under section 65 of the Delhi Police Act…It is submitted that the said action was required to be taken in light of the ongoing violence from within University campus and to rescue innocent students trapped inside and to ensure normalcy.”
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JMI had submitted that despite several requests and various complaints to the police seeking registration of FIR and taking action against the accused person neither any FIR has been registered nor has any investigation been carried out whatsoever, The Indian Express reported.
The police, in their reply, stated that complaint of Registrar JMI is “generalized in nature and since the individuals have already filed Writs in the Hon’ble High court of Delhi seeking redressal of their general grievances. It is, therefore, requested that the present application may be kindly dismissed.”
The ATR also stated that the police could not identify between rioters who carried petrol bombs and trapped students. “All were asked to be evacuated with their ‘hands up’ since this exercise was undertaken as it was already dark in the late evening,” the report read.
JMI submitted that there was a huge loss to the government property and there was video and photographic evidence showing the police vandalising the university property.
The ATR stated that the “rioters had destroyed/damaged the lights within the University campus and therefore, it was difficult to distinguish (between) innocent students and rioters.”
It sought court directions to the police to register an FIR under the Indian Penal Code on charges of creating a public nuisance, outraging religious feelings, attempt to murder, and trespass, and the Prevention of Damage to Public Property Act.
(Inputs from The Indian Express)
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