Thread by @barandbench

Delhi High Court begins hearing petitions concerning violence at broke out at Jamia Millia Islamia in December last year.

#AntiCAAProtests #JamiaViolence

@delhipolice @jmiu_official

Petitions listed before Chief Justice DN Patel and Justice Prateek Jalan.

ASG Aman Lekhi continues his submissions on behalf of Delhi Police.

ASG Lekhi argues against the Petitioner's plea ro tranfer investigation from @DelhiPolice, says courts have a limited say in matters of investigation.

You will have to satisfy us as to what happened to the complaints that were made against Delhi Police: Justice Jalan

I have not addressed this issue yet. I will deal with it: ASG Lekhi

I was summarising my arguements. I have shown that there was an unlawful assembly and it was no ordinary unlawful assembly: ASG Lekhi

ASG Lekhi reads a judgment on use of force to disperse an unlawful assembly.

Police can use force and utilise anyone else to disperse an unlawful assembly. Police has a very active role. There was a command to disperse but the assembly remained intact and resorted to violence: ASG Lekhi

This is a matter concerning public order and tranquility. The law gives importance to sustaining tranquility. Any force can be used to preserve peace : ASG Lekhi

ASG Lekhi reiterates that the mob engaged in violence and did not disperse in spite of police orders.

ASG Lekhi reiterates that Police was constrained to enter the university to contain the violence.

@jmiu_official

Except for the person who has been chargesheeted in the case, everyone is here in the name of public interest. When an action is taken in good faith, there is no question of offence by police personnel: ASG Lekhi

ASG Lekhi reads a judgement to support his arguments.

On a prima facie reading, there can be no case against the Delhi police: ASG Lekhi

In any case, there cannot be any FIR without a sanction: ASG Lekhi

ASG Lekhi reads another judgement.

Nobody can decide who can investigate. A trial court is seized of the matter. A constitutional court cannot at this point say that investigation can be transferred: ASG Lekhi

Only for want of fairness and honesty can the investigation be transferred. It is a stringent condition. It should not be done ordinarily. This is a case where chargesheet has been filed. The accused are not seeking transfer of investigation: ASG Lekhi

The petitioner's case is negated by the NHRC report: ASG Lekhi

NHRC has not granted compensation: ASG Lekhi

There is no occasion or necessity to transfer the case : ASG Lekhi

Merely because a party was made allegations against the police, a matter cannot be transferred. In this case, an independent agency has examined the situation. Nobody suggests that investigation should be transferred: ASG Lekhi

ASG Lekhi argues that such simpliciter allegations harm the confidence of the investigating agency.

ASG Lekhi reads a judgement on transfer of investigation.

I will never say that a constitutional court does not have jurisdiction. But is there an occasion to exercise the power? : ASG Lekhi

We have to read it slowly and not that at the speed at which you are. We know that you are ready.. please tell us the case citations again: CJ Patel tells ASG Lekhi as he keeps referring to judgements.

Upon a chargesheet being filed, a trial court has to deal with it. A constitutional court may not interfere unless in interest of Justice: ASG Lekhi

ASG Lekhi reads a judgement.

If on every accusation, action is taken.. the very credibility of a police agency will be lost for all times to come and it will lose its efficacy: ASG Lekhi

Test for interference of constitutional court is not satisfied: ASG Lekhi

There can neither be a transfer nor an FIR: ASG Lekhi

Wrong to say that because of mere entry of police into a university an offence has been committed and that there is an agenda. This proposition is wrong: ASG Lekhi

A police officer may pursue any person who has committed a wrong and enter any place in India: ASG Lekhi

No place in India which is beyond the right of the police. Unless you say that Jamia is not in India: ASG Lekhi

I think this is a slight exaggerated of their argument. They said that you must coordinate. They don't say you can't: Justice Jalan

I can imagine any condition. But that (Proctor's permission) is not a legal requirement: ASG Lekhi

This is the argument.. not that Jamia is not in India: Justice Jalan

Justice Jalan loses internet connection.

Proceedings come to a halt.

There are advantages and disadvantages of virtual system: CJ Patel

Justice Jalan joins back.

ASG Lekhi refers to the Delhi Police Act to show the scope of its power.

Policing cannot be entrusted to any other agency. There can be one police force only : ASG Lekhi

Hearing stops due to connectivity issues.

Justice Jalan reconnects from another device.

I'll try and finish quickly: ASG Lekhi

Connectivity issues continue.

Only three of us are here..you (ASG Lekhi) and senior Adv Salman Khurshid..rest everyone is gone : CJ Patel

Senior adv Salman Khurshid informs the Court that he had judged ASG Lekhi in a moot court.

What you said has always remained with me. I was surprised when I found out that he still remembered me many, many years later: ASG Lekhi

Senior Adv Colin Gonsalves has judged my son: ASG Lekhi

ASG Lekhi continues his arguements after Justice Jalan joins.

Oh he's gone again. And so has Mr Khurshid: ASG Lekhi

Those who are asking you questions are going away: CJ Patel in light-hearted manner.

Hearing resumes.

Reference was made to many foreign universities with respect to protest protocols: ASG Lekhi

Safety and movement of others were at stake. The activities were in violation of criminal laws. There was an occasion to interfere: ASG Lekhi

Right to protest has limitations: ASG Lekhi

Reinforcement was called because the crowd was swelling. No force beyond what was required was used : ASG Lekhi

The UN Guidelines also permit the use of firearms: ASG Lekhi

What happened in Jamia is consistent with what is laid down in all these documents cited by the petitioners. It shows that Delhi police action was consistent with the global practice: ASG Lekhi

One of the Petitioners referred to Delhi High Court instructions. These are instructions to trial courts in riots cases etc. These are not strictly speaking relevant: ASG Lekhi

ASG Lekhi refers to a judgement on Section 129 CrPC.

Any executive magistrate or an officer incharge of a police station can order dispersal of an unlawful assembly: ASG Lekhi

Standard of proof required to prove police violence is high: ASG Lekhi

ASG Lekhi reads a judgement.

ASG cites more judgements.

Assuming that there is sanction to prosecute police personnel, the remedy is not under Art 226 but under CrPC: ASG Lekhi

Untill and unless, one has to legitimise violence, there is no occasion to interfere in the manner in which the petitioner is seeking : ASG Lekhi

Solicitor General Tushar Mehta will address the Court now: ASG Lekhi

Court proceeds to adjourn the matter.

Matter to be heard next on October 1.

Hearing concludes.

[JAMIA VIOLENCE] No occasion or necessity to transfer investigation from Delhi Police: ASG Aman Lekhi tells Delhi HC

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