Protests against CAA: SC asks petitioners to approach HC, declines to set up committee

The Supreme Court Tuesday declined to set up a committee of a retired apex court judge to inquire into the incidents of violent protests in different parts of the country against the Citizenship Amendment Act (CAA) and said that such panels may be appointed by the high courts concerned.

It directed all the petitioners to approach high courts in respective states, where the incidents of violence have occurred, for redressal of their grievances and the setting up of inquiry committees.

A bench headed by Chief Justice S A Bobde noted in its order that each fact alleged by the petitioners is disputed, on behalf of the Centre, by Solicitor General Tushar Mehta.

Two main concerns of the petitioners have been that the students were indiscriminately arrested and they are injured and not getting proper medical treatment, the bench noted.

The Solicitor General stated however that only two students from Aligarh Muslim University have been hospitalised and they are being treated at the University hospital itself and were not injured by the police, which was contested by the petitioners.

Taking note of the allegations and counter-allegations, the bench, also comprising Justices B R Gavai and Surya Kant, said: "Regarding the nature of the dispute and the incidents that have occurred we find it appropriate to appoint single committee in each state to collect the material for fact finding and we therefore consider this appropriate to direct the petitioners to approach the high courts of jurisdiction of incidents said to have occurred.

"We are confident that the Chief Justices of various high courts will call upon for inquiry, if needed, while appointing a committee including a former judge of the apex court or high court after hearing the union of India and respective states"
While the arguments were being made, the bench said: "We have disclosed our mind (that incidents of each states will go to the respective high court)."
In Telangana, one committee could have gone into the incident but in the incidents of violence by the protesting students at Jamia Millia Islamia and Aligarh Muslim University or any other place, it is not possible as the issue of jurisdiction will arise."
"We don't want this kind of atmosphere," it said,