Hearing on Jamia Millia Islamia and Aligarh Muslim University case is underway in Supreme Court on Tuesday. The hearing is presented before the bench headed by Chief Justice of India, Sharad Arvind Bobde.
Putting forward their perspective Counsel appealed: "There was widespread discontent among people of India, it was perceived as anti-Muslim bill....the protest erupted first in North East. The students of Jamia Aligarh also protested. Seige was laid in the universities...SC has to intervene."
Chief Justice of India SA Bodbe said: "We are telling you that each of the incidents has happened at different places, different steps have been taken by different authorities...you ought to know the facts....we are not saying that you should not be heard. He says that understand the legal procedure, why they didn't go to the High Courts."
While hearing the Jamia Millia Islamia and Aligarh Muslim University incidents case on Tuesday, the Supreme Court said: " We do not have to intervene. It is a law and order problem, how did the buses burn? Why don’t you approach jurisdictional High Court?"
Counsel said: "Protests are being held across the country and they are increasing by the hour. If the Supreme Court does not intervene, the situation will escalate. The government wants to portray it in a different manner. Violence is not happening."
CJI Bobde questioned: "How did the buses burn?"
Counsel stated: "That will be found out in enquiry."
CJI Bobde asserted: "We are saying that prepare the facts and then present to us."
Counsel said: " Government has vested interest in showing it bad manner."
CJI Bobde: "We are not telling you that there is no problem, its not serious. All we are saying that go to HC and ascertain the facts. That we are not taking a stand on government"
Counsel for Vaibhav Mishra said: "FIRs are being fired one after the other against the students. If you want peace you can not file hundreds of FIRs and throw them in prison."
CJI Bobde: "If the police are saying that law has been broken, then they would not file the FIR? Someone is throwing a stone."
Meanwhile, Counsel Indira Jainsing said: "The established law is that Private party, the police can not trespass without the permission of VC. It is the duty of the state to provide medical aid, the court has also held that. Even private hospitals have to provide emergency aid. We have been getting calls since yesterday please collect the money we have to go home. The university closed before the scheduled date...what should the children do? They should sleep on the streets? They should stay in the hostels.
Indira Jaising appearing for students said: "It's established a law that universities are not a place where police can enter without permission of VC. 1 person lost eyesight. Legs of some students were broken."
Solicitor General, T Mehta replies, "not a single student lost eyesight."
Indira Jaising appearing for students in Jamia Millia Islamia and Aligarh Muslim University incidents case said: "It is a cross-state issue and needs a fact-finding SIT. How can the court wash its hands of the issue? Court heard Telangana encounter case. We are asking for a similar order."
Chief Justice of India, Sharad Arvind Bobde said: "The Telangana encounter case could be looked into by appointing a commission but in this case, there is no committee that can look into it all over the country."
CJI Bobde: "We are not saying that you do not have a problem
Counsel Indira Jainsing said: "Whichever agency is appointed must inspire the confidence of the student's community. Retired SC does inspire confidence."
CJI Bobde: "That Chief Justice of High Court can also do."