New Delhi: While a division bench of the Delhi High Court, comprising Chief Justice D. N. Patel and Justice Prateek Jalan was hearing arguments on a bunch of petitions seeking an investigation into police brutality on students of Jamia Milia University, Additional Solicitor General Aman Lekhi, the police counsel, said that the transfer of investigation is done in exceptional cases when Fundamental Rights are severely endangered.
The applications have also sought compensation for students who sustained severe injuries during the police attack.
The bench asked the ASG why any action has not been taken against the individual police officers. The NHRC has also put the instances of police violence in the picture, but no action has been taken. Why had no FIR been registered?
Lekhi stated that an independent inquiry is going on for individual cases in which some officers have used excessive forces. Whereas, at the outset, the NHRC supports the intervention of police.
Lekhi said that the law allows the police to use force if an unlawful assembly refuses to disperse. The assembly turned to violence. The use of anti-riot equipment was in accordance with the protocol.
“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?” Lekhi asked.
The matter is listed for October 1 for further hearing. Lekhi mentioned that Solicitor General Tushar Mehta will make some arguments.
– India Legal Bureau