We do not rely on newspapers to reach judicial decisions: the Supreme Court
NEW DELHI: We do not rely on newspapers to reach judicial decisions, it said on Tuesday when an adviser referred to media reports about the vice-chancellor's (JMI) statement regarding the alleged vice-chancellor (JMI) police atrocities against students protesting against (CAA).
The top court, which said the law and order should be maintained by the police and not the court, said the police had the right to arrest perpetrators.
We don't read newspapers. We do not rely on newspapers to come to judicial decisions, a bench chaired by Chief Justice S A Bobde told senior advocate Colin Gonsalves, appearing for petitioners.
While refusing to appoint a retired high court judge as it did in the Telengana encounter case, the bench said: No parallel can be drawn between them. In Telangana, a committee may have been involved in the incident but with incidents of violence by students protesting Jamia Millia Islamia and or any other place, it was not possible because the issue of jurisdiction would arise.
So we declined your prayer, telling the bench a battery of senior advocates appeared on behalf of the protesting students.
Old advocate Indira Jaising protested saying you have a way of disarming us.
We respect all judges such as retired judges, sitting judges and also high court judges. But we will have more confidence if the retired Court of Appeal judge is appointed to conduct an inquiry to determine the facts, Jaising said.
The bench, which is also composed of Justices BR Gavai and Surya Kant, has refused to establish a committee of a retired fire court judge to inquire into allegations of police violence against students and incidents of domestic violence. during protests against the CAA at the AMU and JMI and petitioners were asked. to approach their high courts with their grievances.
At the hearing, the bench took an umbrella when the petitioners' lawyers raised arguments saying, we don't care about shouting in court. This is not a shout-out contest. This is not a street or place where you have to shout. You cry because the media is here.
We don't want this kind of environment.
When one of the petition's attorneys said the top court should mediate the matter because protests were taking place across the country against the CAA.
You must be aware of the fact that this is not a court of facts. You can present the facts before us by order of the high court. Then we'll see, the bench said.
We are not the institution that should maintain law and order, the bench said, adding, We do not tell you that there is no problem. We're not saying it's not serious.
Solicitor General Tushar Mehta, appearing for the Center, told the bench that senior officers of the Delhi Police and Meerut Range were present in court with all the documents to satisfy the judicial conscience of the court.
Senior advocate Indira Jaising, appearing for petitioners, said that FIRs have been filed against students across the country and this is a matter of concern.
If you want peace, you can't file hundreds of FIRs against students, arrest them and throw them into jail. Our prayer is not to take compulsive actions against students, Jaising said.
To this end, the bench asked, What if someone broke the law or someone threw rocks, burning buses ?.
Jaising said when there was a clash between lawyers and police at a district court complex in Delhi, the court passed an order that no action would be taken.
This (order) is by the high court, says the bench.
Jaising said police should be prevented from entering the varsity campus without the Vice-Chancellor's permission and free humanitarian medical assistance should be provided to students who have suffered injury protests.
Mehta told the court that not a single student was arrested up to this point and when they were injured in violent protests in Jamia, the police took them to the hospital and no treatment charge was given to them.
When Jaising raised the problems students face because of the sudden closure of the JMI, the bench said, We are not saying you have no problems. Each of our chief justices (of the high courts) will respond properly and pass the appropriate orders in each of these cases.
Let us have the order of the high courts, the bench says.
Gonsalves told the bench that around 60 students from AMU have been tortured by the Uttar Pradesh Police and some of them are undergoing treatment in the ICU.
However, Mehta denied it and said that incorrect statements were being made in court.
He told the bench that 14 buses and 20 private vehicles were vandalized in violent protests at Jamia Nagar in Delhi on Sunday against the amended Citizenship Act.
He said 67 people were taken to the police hospital while 31 police were injured.
When the bench asked Mehta why the police arrested the students without informing the varsity authorities, the Solicitor General said, No students have been arrested so far.