Protests against CAA: HC refuses interim protection from coercive action to 2 Jamia students

The Delhi High Court Wednesday refused to grant interim protection from coercive action to two women students of Jamia Milia Islamia (JMI) University in relation to the violence during the protests against the Citizenship (Amendment) Act (CAA).

The hearing in the matter also witnessed heated exchange of words between Delhi government standing counsel and the top law officers of the country.

The arguments took place during the hearing of a petition, filed by lawyer Nabila Hasan and JMI students Ladida Farzana and Ayesh Renna, which sought direction to the authorities to release students and residents who were allegedly detained during the recent protests.

Delhi government standing counsel (criminal) Rahul Mehra said though he represents Delhi Police, he does not have any instructions on the matter and according to him, the petitioners were women with no criminal antecedents and they should be given interim protection from coercive action.

However, this did not go well with Solicitor General Tushar Mehta who said he was appearing for all including Centre and Delhi Police and the submission made by Mehra was unfortunate.

Justice Vibhu Bakhru said only an oral prayer was made by the petitioners' counsel, who have filed a petition for release of detained students and residents of JMI University and Aligarh Muslim University (AMU), and no material has been placed on record.

The judge transferred to high court Chief Justice D N Patel the plea for Thursday after it was informed by the Centre's counsel that the Supreme Court on Tuesday had said that the cases relating to CAA violence be heard by the Chief Justices of respective high courts.

Advocate Siddharth Seem, appearing for the petitioners, said the two women students were apprehending action and orally prayed that as an interim measure, no coercive step be taken against them till the plea is heard on Thursday.

The oral prayer was opposed by Mehta who said the judge should transfer the matter to the chief justice and they will argue it there and no interim order be passed as their side of the story has not been heard yet.

Mehta and Additional Solicitor General Aman Lekhi apprised the high court about the Supreme Court's Tuesday order in which it was recorded, "We are confident that the Chief Justices of the concerned High Courts after hearing the parties, if found appropriate will cause interference to be made by considering appointing appropriate Committees, comprising former Judges of this Court or the High Court."