CAA protests: SC tells petitioners to move High Courts, no interim protection from arrest
New Delhi, Dec 17: The Supreme Court has directed the petitioners alleging police atrocities to move the respective High Courts where the incidents of violence occurred. The court said that the HCs would appoint committees with former SC and HC judges after hearing the Union of India and State governments concerned.
The court however refused interim protection from arrest to the students till the HCs take up the matter. The Solicitor General informed the court that no arrests have taken place.
We are not a fact finding court the Supreme Court also said. We are not belittling the problem, but in such incidents the circumstances have to be determined, the court also said.
What can this court do, Chief Justice of India had S A Bobde asked. To this the petitioner said that the
protests started in various parts of the country. The court has to protect our right to protest. Students are our guiding light and it was a siege when the armed police attacked the unarmed students, the petitioner also told the court.
Earlier the Supreme Court has said that it cannot assume the jurisdiction of a trial court for whatever violence is happening all over the country. The situations may be different, facts may be different, Chief Justice of India, S A Bobde observed.
The observations came in the wake of advocate, Ashwini Kumar Upadhyay seeking a CBI-NIA probe into violence that erupted in the aftermath of the Citizenship (Amendment) Bill being passed. We are not a trial court and cannot assume that jurisdiction, the CJI said.
The Supreme Court is also hearing a petition relating to the alleged atrocities by the Delhi Police during the protest. On Monday, the court had blamed the students for taking law and order into their hands during the protests on the Citizenship (Amendment) Bill. Chief Justice of India, S A Bobde said that the court will not be bullied into hearing the petition alleging police atrocities.
The SC cannot be held ransom when public property is being destroyed. Just because they are students, they cannot take law into their own hands. Justice Bobde also said that the courts cannot do much. It is a law and order problem and the police have to deal with it, he also said.
The CJI further blamed the students and sad that if they want to take to the streets, they can, but then they should not approach the Supreme Court.
Chief Justice of India, S A Bobde said that they would determine the rights, but not in the atmosphere of riots. Let all of this stop and then we take suo motu cognisance. We are not against rights and peaceful demonstrations, Justice Bobde also said.