New Delhi, Feb 3 : A Delhi court on Thursday dismissed a petition filed by Jamia Millia Islamia seeking action against the Delhi Police for allegedly using excessive force inside the campus in 2019, saying that police personnel were “acting in order to control the law and order situation”.
The alleged police attack on students took place during the protests against the Citizenship (Amendment) Act on December 15, 2019. The petition, filed by the varsity administration, claimed that the police had “entered the varsity campus without permission and subjected to brutality with the students”.
Metropolitain Magistrate Rajat Goyal said that the lack of restraint exhibited by the police and excesses committed in trying to control the situation are “very much related to official duties”.
The court further said that the actions of police in doing so are clearly connected to their official duties, though “some of the said actions might be questionable”.
The Metropolitain Magistrate said that it is an undisputed fact that all the respondents were acting in order to control the law and order situation which had emerged in relation to the protests against the Citizenship (Amendment) Act, 2019.
“This court has no hesitation in holding that acts allegedly committed by the respondents fall within the purview of Section 197 of CrPC, being acts committed in discharge of official duties,” the court order emphasised.
It further said that police acted to control the protests, so as to prevent violence and prevent law and order situation from further deteriorating.
“Though it could be argued that while so acting, the police had allegedly exceeded their jurisdiction and used more force than necessary in some instances, it cannot be said, by any stretch of imagination, that the said acts allegedly committed by the respondents were wholly unconnected to their official duty,” the order added.
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