Allow Cookies!
By using our website, you agree to the use of cookies
The Division Bench of Chief Justice Govind Mathur and Justice Vivek Varma while addressing the petition requested the National Human Rights Commission (NHRC) to investigate the matter of alleged gross violation of the human rights and the utter lackadaisical attitude adopted in preventing such violation.
The present petition is regarding the display of police brutality upon the protesting students at AMU. The students of Aligarh Muslim University gathered in large numbers to show solidarity towards the students from other universities protesting against the Citizenship Amendment Act, 2019. On the evening of December 15th, the protest was lodged at the Library canteen of the University when huge contingents of police forces arrived at the spot of protest. The police without any provocation fired rubber bullets, pellets and tear gases at the students who were peacefully protesting. The police went to exert dominance and force by entering into hostel, library, and classrooms while brutally attacking the students with lathis. The police went on to vandalize the vehicles parked inside the University campus. Following this, a large number of students were tortured before the University Registrar on 16/12/2019 ordered the hostels to be vacated.
The counter affidavit filed by the Inspector General, Law & Order U.P. and Senior Superintendent of Police, Aligarh stated that the students violated the order as per the provisions of Section 144 of CrPC. The authorities facing hindrance, the Registrar requested the District Magistrate to take appropriate actions. The police further stated that upon approaching the scene, they were pelted stones at and hence the police was forced to disburse the gathering.
Senior Advocate Sri Colin Gonsalves stated that the petitioner prayed for a complete investigation of human rights. In this the advocate referred to the case of Extra Judicial Execution Victim Families Assn. v. Union of India, (2017) 8 SCC 417, wherein it was stated that, “..inquiry or investigation by the National Human Rights Commission is of civil nature and that too is not an effective measure to bring the culprits of doing wrong to board.”
The HC upon the perusal of the matter believed that the allegd violation of human rights and the negligence towards preventing definitely deserved a probe by the NHRC. Also, according to the Protection o Human Rights Act, 1993, the Commission may enquire into a situation suo motu or as an answer to the petition filed by a person over the gross violation of human rights.
The Commission was requested by the Allahabad HC to inquire into the matter and present the Court with its findings within a period of one month, if any immediately after the conclusion of the inquiry.
Mohd. Aman Khan v. Union of India, Crl. Misc. WP No. 26085 of 2019
86540
103860
630
114
59824