Thread by @indialegalmedia

#DelhiHC hearing plea seeking independent inquiry in the #JamiaViolence matter. #AntiCAAProtest
ASG Aman Lekhi appearing for the Delhi Police continues his arguments.

Mr. Lekhi submitted that the transfer of investigation is done in exceptional cases when Fundamental rights are severely endangered.

The bench mentioned that the NHRC has also put the instances of police violence and no action has been taken.
Mr. Lekhi stated that inquiry in going on in which some officers have used excessive forces. NHRC supports intervention of Police.

The bench further asked that what action has been taken in those individual cases, FIRs registered or not?

Mr. Lekhi mentioned that law allows the police to use force of unlawful assembly refuses to disperse.
However, the assembly turned into violence. The use of anti riots equipments was in accordance with protocol.

Mr. Lekhi- The announcements were made to maintain the order and don’t cross barricades. Whereas, the mob targeted public and public property. And to maintain the law and order situation police was constrained to enter the University.

Mr. Lekhi- The action of the police was justified under section 129 of CrPC and no action can be taken against the Police without the sanction of central government U/S 132 of the CrPC.
There is no offence attributable.
What should we file FIR for?

Mr. Lekhi- there is no prima Facie case against police.
Chargesheet is already filed in these cases the investigation cannot be transferred by a writ court.
The people against whom chargesheet is filed have not approached this court in this petition.

Mr. Lekhi- NHRC has not ordered compensation and has trusted the investigation of the police. Transfer in this background cannot be warranted.

Mr. Lekhi referring to Judgements
Bench- We’ll have to read it slowly, we know you are prepared, please tell us the citations again.

Mr. Lekhi- In case at every accusation action is taken, the credibility of a police agency will be lost.
There can be no transfer and no FIR.
Mere entry of police in the university an offence is committed and there was an agenda.

Mr. Lekhi- No place in India is beyond Police unless we say that Jamia University is not in India.
Justice Jalan- this is a slight exaggeration of arguments, they don’t say you can’t enter, they said you must inform.

Justice Jalan was disconnected due to some technical issue, Chief Justice- There are some advantages and some disadvantages to this virtual system.
Mr. Lekhi- There are a lot of advantages. It saves time and we we can use it in other places.

Justice Jalan is now connected
Mr. Lekhi- refers to Delhi Police Act for the scope of its power.

There is still some connection problem.

Sr. Adv. Salman Khurshid- I must mention this young gentleman argues brilliantly. I have judged you in a moot court.
Mr. Lekhi- What you said always remained with me, I was surprised that you still remembered after so many years.
CJ- He has got a fantastic memory.

Hearing continues
Mr. Lekhi referring to various universities with regards to protest protocol.
Right to protest has limitations. As the mob was swelling, the reinforcements were called. Force beyond requirement was not used.

Mr. Lekhi- Referring to Judgement, any executive magistrate can order dispersal of unlawful assembly.

Bench- we’ll have to go through everything you have cited.
We’ll start with the rejoinder on the next date.
NDOH- October 1