Stones and bottles are not firearms : Indira Jaising defends Jamia hoodlums in Delhi HC

The Delhi High Court heard a batch of petitions seeking an independent inquiry into the alleged police atrocities in the Jamia Millia Islamia University campus in the backdrop of anti-CAA protests in the national capital.

Advocate Indira Jaising, representing the students of Jamia Millia Islamia, asserted in her submission that there is a need for an independent inquiry into the ‘gross misconduct’ of the police concerning the students of the Jamia University. She argued that even in the face of grave provocation, Delhi Police is supposed to use minimum possible force against the protesting students. Jaising submitted that police was justified in carrying the riot control equipment but were not justified in using them. She further added that the purpose of the police attack was to threaten students to never participate in anti-CAA protests again.

In a bid to understate the provocation caused by the students, senior counsel Indira Jaising contended that stones and bottles hurled at police were not “firearms” and accused the police of acting out of sheer vindictiveness against the University students.

Jaising defends Jamia goons, says they were trying to save themselves from ‘police brutality’

Jaising accused the police of breaching the institutional autonomy of the Jamia Millia Islamia University by barging into the campus and targeting the students who had gathered to march towards the Parliament. She said that Jamia Millia Islamia University has its own physical and legal autonomy.

Jaising further added that institutions are given independence for checking the arbitrary use of police power. Jaising claimed that students were using University Campus to shield themselves from the “police brutality” and that the police should be held accountable for violating the autonomy of the institution by entering inside it without first seeking permission.

“Law has to take its own course against the police as well. Just because you wear a uniform, it doesn’t give you a right to blind a student. Police must be ready to face the trial,” Jaising argued in the court.

Citing Vikas Dubey case and Hyderabad Encounter case, Jaising sought an independent commission with special powers to investigate the alleged police atrocities against the protesting Jamia students in the wake of anti-CAA protests last year.

Delhi Police had sought dismissal of PILs in Jamia case

Earlier in June, the Delhi Police had submitted its affidavit in the HC asking for the dismissal of the petitions asking for the quashing of FIRs against the arrested persons. The Delhi police submitted to the Delhi High Court that the violence that took place on December 13 and December 15 at Jamia Millia Islamia campus was not sporadic but a well-planned attack as all rioters were well-armed with stones, lathis and petrol bombs.

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