Introduction:

The Delhi High Court recently called for the Delhi Government’s response to the National Human Rights Commission’s (NHRC) 2020 report on the violence at Jamia Millia Islamia during protests against the Citizenship Amendment Act (CAA) in December 2019. The division bench of Justice Suresh Kumar Kait and Justice Manoj Jain directed the government to respond within two weeks. The court was hearing a plea by Jamia Millia Islamia students, including Nabila Hasan, who filed a complaint with NHRC. The Commission’s report deemed the protest as an “unlawful assembly,” justifying police action. NHRC recommended compensation for injured students and action against erring police officers.

Arguments:

Students argued that they were attacked by Delhi Police during the violence. Nabila Hasan, one of the petitioners and a law student at the time, filed a complaint with NHRC. They contested NHRC’s characterization of the protest as an “unlawful assembly” and challenged the police’s use of force. The Special Public Prosecutor (SPP) for Delhi Police, Rajat Nair, informed the court that the victims of alleged violence were not traceable. He argued that police initiated action against erring officers, emphasizing that the force used was “commensurate” when students turned violent. Nair asserted that NHRC’s recommendations had been implemented, and the plea before the High Court seeking similar relief should not be entertained.

Court’s Judgement:

The court allowed Delhi Police to submit the original NHRC complaint and relevant documents. It deferred the matter, listing it for a comprehensive hearing on March 14, along with other petitions related to the violence. The court aims to examine the NHRC recommendations and the government’s response. It remains a complex case involving conflicting narratives of police actions, the nature of the protest, and NHRC’s findings.