Supreme Court requests Delhi High Court to decide Student’s petition for registration of FIR against alleged Police atrocities

Supreme Court requests Delhi High Court to decide Student’s petition for registration of FIR against alleged Police atrocities

The Supreme Court of India today requested the Delhi High Court regarding the disposal of cases involving the alleged police abuses that occurred in Jamia Millia Islamia in December 2019 during demonstrations against the contentious Citizenship Amendment Act on priority basis. The Court requested the High Court to take into account "the length of time these petitions were pending," but refused to give a deadline.

The Bench comprising of Justices Aniruddha Bose and Vikram Nath emphasised that the order, the senior counsel was referring to was passed more than 1.5 years ago. Petitioners argued that the writ petition only asked for the registration of FIR.

It was argued that "Although the petitioners had been driven from pillar to post, "not a single FIR," had been lodged. A Division Bench chaired by former Chief Justice D.N. Patel issued an order freeing the matter from "part heard" in March 2021 after hearing the arguments submitted by the attorneys for the parties."

The Senior advocate while submitting the petition Relied on Lalita Kumari v. Government of Uttar Pradesh [AIR 2012 SC 1515]. Noting the submission by senior Advocate Colin Gonsalves, the division bench pronounced the order –

"Heard Colin Gonsalves, learned senior counsel, appearing for the petitioners. He has brought to our notice an order of the High Court passed on March 19, 2021 by which a Division Bench of the High Court had directed the release of the nine petitions which were remaining 'heard in part' before the Bench. The special leave petition and the writ petition broadly are on the same question which are involved in the nine writ petitions before the Delhi High Court. The grievance of Mr. Gonsalves is that his clients' plea for registering an FIR over certain incidents that took place on December 2019. The substance of the prayer is for registering a first information report and for an independent investigation. We request the High Court to hear out the matter as expeditiously as possible…"

 "We are requesting the High Court to hear out the matter early, considering the length of time these matters are pending. So far as the present petitions are concerned, as they are on overlapping points, we do not find any reason to keep them pending. These shall stand disposed of in view of this order."

Case Details:-

SLP (Crl) No. 1744/2020|WP (Crl) No. 97/2020

Nabila Hasan & Ors.

Vs.

Union of India & Anr.

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