Amidst the protest in Shaheen Bag and other places in India, where people are raising slogan against the controversial Act, The Citizenship Amendment Act of 2019 and Central Government of India. The court in Delhi has asked, Delhi Police to submit the Action Taken Report (ATR) regarding the incident which took place in the campus of Jamia Milia Islamia University. This order has been made by the court after the complaint made by the administration of the University, who is seeking action against the police brutality in the campus. The next day of the incident, the chief proctor of the University did approach the SHO of Jamia Milia Police Station but there hasn’t been any FIR filed against the brutality. Whereas, there is information about the filing of an FIR but it isn’t related to the brutality of Police which was complained by Chief Proctor and letter was written by Registrar of the University to National Human Rights Commission (NHRC), requesting them to investigate against the brutality which took place within the campus were tear gas were used along with open fire and lathi-charge on students. Consequently, the complaint was filed under the section 156(3) of the Code of Criminal Procedure, 1973 which wanted to file FIR under the section 268, 295, 295A, 296, 297, 298, 307, 323, 325, 338, 341, 342, 352, 357,427, 435, 447 READ WITH SECTION 34 AND 120-B OF THE INDIAN PENAL CODE and, addition, Section 3 and 4 of Prevention of Damage of the Property Act, 1984.
- The Bill on citizenship passed on 10th December and assent by the President took place on 12.12.2019.
- Police didn’t seek permission from the authorities to enter inside the campus.
- Students studying in the library were picked by the Police illegally from the library and detained.
- Police broke upon the mosque in the University were people offering their Namaz and Man-handled the Imam of the Mosque.
- The Appellant mentioned about students were exercising their fundamental rights to protest against the Act.
The case of Anita Thakur v. the State of J&K (2016 15 SCC 525), found the police guilty of using excessive force in bringing down the protest even though the violence was instigated by the petitioners.
Furthermore, the bench of the Supreme Court will hark to the Petition against the Citizenship Amendment Act, 2019 and respond from Centre after four weeks. Alongside, the Bench has decided to hear the petition of Northern-States separately due to their issues which are different comparatively.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
- Live Law. in, Delhi Court Seeks Action Taken Report From Police On Jamia Violence [Read Complaint] https://www.livelaw.in/news-updates/delhi-court-seeks-action-taken-report-from-police-on-jamia-violence-151900
- Live Law. in, Jamia Milia Islamia v. State of (NCT OF Delhi) & ors. https://www.livelaw.in/pdf_upload/pdf_upload-369385.pdf