Approach High Court First: Supreme Court On Pleas Against Police Action On Jamia, AMU Students

The Supreme Court on Tuesday said high courts should be approached first on pleas alleging police atrocities on persons protesting against the amended Citizenship Act.

The court also asked as to how buses were burnt during the protests.

A bench headed by Chief Justice S A Bobde commenced hearing on pleas including that of Alumni Association Jamia Millia Islamia University.

"We don't want to spend time knowing facts, you should go to courts below first," said the bench.

"We have disclosed our minds, High Courts should be approached for the fact-finding exercise, said the top court.

It said the High Courts would be at liberty to pass orders on arrests, inquiries and medical assistance.

Advocate Indira Jaising, appearing for the protesters, said that several FIRs have been filed one after another against students at AMU.

The bench said two main concerns of the petitioners have been that the students were indiscriminately arrested and they are injured and not getting proper medical treatment.

However, the Solicitor General stated that only two students from Aligarh Muslim University have been hospitalised and they are being treated in the University hospital itself and they were not injured by the police, which was contested by the petitioners.

Taking note of the allegations and counter-allegations, the bench also comprising justices B R Gavai and Surya Kant said: "Regarding the nature of the dispute and the incidents that have occurred we find it appropriate to appoint single committee in each state to collect the material for fact-finding and we, therefore, consider this appropriate to direct the petitioners to approach the high courts of jurisdiction of incidents said to have occurred.

"We are confident that the Chief Justices of various high courts will call upon for inquiry, if needed, while appointing a committee including a former judge of the apex court or high court after hearing the union of India and respective states"

The bench clarified that it is needless to say that "high court will be at liberty to pass appropriate order with regard to arrest and medical treatment if brought to its notice after verification".

The bench noted that serious grievance has been raised by the petitioners that Vice-Chancellors of the Universities were being ignored by police while taking action against the students.

The bench also took on record that this fact is also denied by Solicitor General.

"We are sure that high court will look into all the aspects of the matter after hearing both sides and appointing an appropriate committee to determine the fact-finding".

The Solicitor General made a categorical statement that no student had been arrested so far.

However, he said he cannot make any statement about the future.