The National Human Rights Commission released its report on Anti CAA violence between Students and Police, which occurred more than 7 months ago, where it has blamed and criticized students and university administration for it. The report justified Delhi Police’s assault on students in the library on December 15, 2019 stating that the protesters used the library as a cover and the incident was avoidable.
Protests erupted in and around Jamia Millia Islamia as soon as CAA was passed in the Parliament. People were detained and many were injured during clashes with police during the protests as permission to hold these protests was denied by the university and police authorities.
On December 15, 2019 the report alleges that the gathering had turned violent and was declared “unlawful assembly” by the police. As clashes intensified, the protesters ran for cover from the police into the University library.
“The police was law bound to contain the activities of these unlawful assembly to maintain the law & Order” the report states. “Seeing no other alternative, police also entered inside the campus to contain the violent/unruly mob and to remove them from the campus”
The report then shifts the blame on to the university for its lack of security and vigilance which inadvertently led to the assault on students in the library. It states that ID cards were not checked at the entrance of the University of the “unruly mob”.
“It is beyond doubt that students of Jamia Millia Islamia University, local residents, doubtful character, political leaders were actively involved in various violent protests in Jamia area. There is every apprehension that outsiders also entered in the University.” The report also blamed the university for failure of administration as they did not seek any assistance from local police in preventing the gathering.
The report justified the use of disproportionate force against students inside the campus stating that the police action was “avoidable” had the protesters not entered the university.
It called out the use of tear gas shells found inside the library as “irresponsible action” by the police. The report then recommends Government of India to direct the Commissioner of Police, Delhi and Director General, CRPF for RAF, to identify members of force (both Delhi Police and RAF), as seen in CCTV footages involved in damaging CCTV Cameras, unnecessarily caning inside the reading rooms of libraries of Jamia Millia Islamia and also using tear gas shells inside the close compound of library, “which has no bearing on the task of controlling law and order.” It meekly suggested that “a suitable action may also be taken against them as per rules and provisions that exist in the respective organizations”.
The report by NHRC then implies of a conspiracy from external forces. “There is need to uncover real actors and motive behind overall protest at Jamia Millia Islamia which seems to be smartly and purportedly organized under disguise of students.” It said.
The NHRC report further cites Article 19 and said, “freedom of speech/expression and assemble peaceably has ‘constitutional limitation attached to it’. The fundamental rights as envisaged under Article 19 of the Constitution cannot be given absolute.” It states that an assembly must be peaceful to get the benefit of this Article as per the constitution and that “law enforcing authorities are the best judge” to take a final call on the situation.
The NHRC then makes the following recommendations based on the findings, and material on record made by NHRC Investigation team
i. Recommends the Chief Secretary, GNCT Delhi to provide suitable compensation to the injured students on humanitarian grounds;
ii. Recommends the Government of India to, direct the Commissioner of Police, Delhi and Director General, CRPF for RAF, to identify members of force (both Delhi Police and RAF), as seen in CCTV footages involved in damaging CCTV Cameras, unnecessarily caning inside the reading rooms of libraries of Jamia Millia Islamia and also using tear gas shells inside the close compound of library, which has no bearing on the task of controlling law and order. A suitable action may also be taken against them as per rules and provisions that exist in the respective organizations;
iii. Recommends the Government of India, to direct to the Commissioner of Police, Delhi and Director General, CRPF for RAF to ensure that the police force should be sensitized and special training modules be carried out to inculcate professionalism in handling such Law & Order situations;
iv. Recommends the Government of India to direct to the Commissioner of Police, Delhi, to ensure that the SIT of Crime Branch, Delhi Police investigates all the related cases on merits and in a time bound manner by identifying and arresting the real perpetrators behind this violent protest;
v. Recommends the Government of India to direct to the Commissioner of Police, Delhi to expedite administrative enquiry into alleged atrocities by Police inside the library building of Jamia Millia Islamia University on 15/12/2019 being conducted by Addl. CP/Cyber and Technology. The action on its findings and recommendations may be taken promptly;
vi. Recommends to the Government of India to advise to the Commissioner of Police, Delhi and other senior officers also to improve and set up a robust intelligence gathering system to ensure better preparedness to prevent such incidents in future. Special steps may be taken to counter rumour mongering and circulation of distorted and false news especially on the social media;
vii. Recommends the Vice Chancellor, Registrar and other authorities of JMI University to establish a mechanism of better communication with the students’ fraternity so that they are not influenced by outsiders and local goons or petty politicians. Also, the university management should ensure timely sharing of information and regular Liaisoning with local police so that such incidents can be prevented in future. A SOP may be prepared to deal with such incident in future;
viii. Recommends to the Secretary, Ministry of Human Resources Development, Govt of India to look into the difficulty of Jamia Millia Islamia in regard to division of campus across public road namely Mohd. Ali Jauhar Marg and to sort out the issue amicably to avoid Law & Order problems in future.
ix. Recommends to, the Secretary, Ministry of Human Resource Development, Govt of India to submit action taken reports on the letter dated 20.12.2019 of the Registrar, Jamia Millia Islamia University, Delhi.
Upon asking one of the students who were present on campus in the library on 15 December, 2019, when the police barged in, Hashmat, a Masters student at Jamia Millia Islamia said that she was very angry with the National Human Rights body. “There couldn’t have been any more pathetic excuse to suppress us. That they (NHRC) are not questioning the police on their actions in the library. It’s rather a snide remark in the entire report”.
