The Supreme Court (SC) of India on Tuesday refused to act upon the petitions, which have sought court-monitored probe into the reports of police atrocities against students of Jamia Milia Islamia University and Aligarh Muslim University (AMU) during protests against the Citizenship Amendment Act (CAA) and asked the Petitioners to move Delhi High Court.
"We do not have to intervene. It is a law and order problem, how did the buses burn? Why don’t you approach jurisdictional High Court?" said the SC during the hearing of Jamia Millia Islamia and Aligarh Muslim University incidents cases.
"Having regard to the nature of the matter and the vast disputed area, we find it would be feasible to appoint a single committee to go into the matter in different states. This will entail the collection of evidence from various states," ordered the bench headed by CJI SA Bobde.
The SC asked petitioners to approach High Court within the jurisdiction of incidents where protests against CAA took place.
"concerned High Courts will be at liberty to appoint former judges of SC or HC for the purpose of inquiry after hearing Centre and the respective States," the SC bench said.
"It is a cross-state issue and needs a fact-finding SIT. How can the court wash its hands of the issue? Court heard the Telangana encounter case. We are asking for a similar order, " argued Indira Jaising, who was appearing for students.
"The Telangana encounter case could be looked into by appointing a commission but in this case, there is no committee that can look into it all over the country," said the CJI Bobde to the advocates of students.
Meanwhile, the Ministry of Home Affairs (MHA) officials said Delhi police had fired no bullets to control the violence that ensued during the protest against the citizenship law in Jamia Nagar area.
There have been allegations that police fired bullets on protesters during the agitation at Jamia.
As many as 10 people, having 'criminal backgrounds' were arrested in connection with the violence that erupted during the anti-CAA protest, the officials also said.
"No bullet was fired by the Delhi Police during protests at Jamia. All 10 persons detained have criminal backgrounds. More anti-social elements are being tracked," the officials said, citing a Delhi Police report.
Several vehicles, including buses, were burnt down and public properties destroyed during the protests against the Citizenship Amendment Act, which was passed by Parliament last week. (Read More)
On Monday said it would hear pleas related to the Jamia Milia Islamia clashes tomorrow (Thursday) and has also issued warnings to students to stop riots.
"We will determine the rights but not in the atmosphere of riots, let all of this stop and then we will take suo motu cognizance. We are not against rights and peaceful demonstrations,' said Chief Justice of India (CJI) SA Bobde.
"Just because they happen to be students, it doesn't mean they can take law and order in their hands, this has to be decided when things cool down. This is not the frame of mind when we can decide anything. Let the rioting stop," the JCI added.
Senior advocate Indira Jaising has mentioned Jamia Millia Islamia and Aligarh Muslim University incidents before a bench headed by Chief Justice Bobde.
Jaising has urged the SC to take suo motu cognizance of the issue saying "It's a very serious human rights violation all over the country." (Read More)