India / If Jamia is in India, cannot escape Indian law: Delhi Police to HC

The Indian Express : Sep 19, 2020, 12:25 PM
New Delhi: The Delhi Police Friday told the Delhi High Court that police action during protests at Jamia Millia Islamia in December last year is covered under the legal mandate under the criminal procedure code and there was no question of registration of FIR against its officers as the law protects acts done under good faith and without any sanction from the government.

The court was hearing a bunch of petitions regarding the violence which broke out at Jamia Millia Islamia last year. The petitions seek an independent investigation in the matter as well as registration of FIRs against cops accused of committing excesses.

Violence had broken out near the campus during anti-CAA protests last year, following which security personnel barged into the campus. While police claim they were chasing rioters, students have claimed they were assaulted inside the library.

Additional Solicitor General of India Aman Lekhi opposed any move to transfer the investigation from the Delhi Police and argued that such exercise of jurisdiction is an exception. Lekhi also submitted that the police were constrained to enter the university and argued that there is no place in India that is beyond the jurisdiction of police.

“Unless the argument is that Jamia is not in India. If Jamia is in India, you cannot escape the operation of Indian law,” submitted Lekhi. The court took an exception to the argument, after which Lekhi said his argument is CrPC’s Section 48, which does not make any exception regarding entry to a university by the police.

The hearing on Friday was adjourned to October 1.

SUBSCRIBE TO OUR NEWSLETTER