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Delhi

Jamia violence: HC notice to Centre, Delhi Police over plea seeking compensation

New Delhi: The Delhi High Court on Monday issued notices to the Central Government and the Delhi Police, while hearing a petition filed by a student of Jamia Millia Islamia, who was injured on December 15 when police personnel entered the university library and purportedly lathi-charged students inside the campus.

The petition moved by Nabila Hasan on behalf of the injured student seeks a compensation of around Rs 2 crore for "severe injuries caused by the Delhi Police".

However, while hearing the petition, the division bench of Justice DN Patel and Hari Shankar expressed concern over the manner in which this matter was being approached by the petitioner.

The court was referring to the application being filed as a writ petition under Article 226 of the Constitution.

Hasan presented her client's side arguing that both of the student's legs had been fractured by members of Delhi Police on the night of December 15.

She said, "Your lordship, both the legs of the petitioner have been damaged. He has sustained sever injuries for which an amount of Rs 2.5 lakh has already been spent." She also brought to the court's notice, the CCTV footage that has recently become public, showing police excesses on students inside the varsity campus.

However, the court raised concerns over the matter being approached through a writ petition. It said, "Why aren't you filing a suit for this prayer? This matter requires appreciation of evidence, we can;t simply rely on averments made by you in the annexure." While acknowledging that the court does have "extraordinary powers" under Article 226, the court said that such powers must be carefully exercised.

While advocate Amit Mahajan, who was appearing for the Centre refused to accept facts as presented by the petitioner, Hasan said she had attached discharge report of the hospital that treated her client and that police had not filed an FIR in the matter when approached. She also argued that the court had issued notices on similar pleas.

The court, while refusing to entertain a plea for interim compensation, said that the petitioner could approach the Magistrate under Section 156(3) of the CrPC if FIR is indeed not being filed. The matter has been posted next on May 27.

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