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Synopsis

A Delhi Court on Saturday asked the Deputy Commissioner of Police, Crime Branch to explain the reason for the one-year delay in handing over the case file to the Special Public Prosecutor in a case related to the violence that broke out at Jamia Milia Islamia University in 2019.

The court was hearing arguments on charges in the case registered at Jamia Nagar police station, under Sections 143 (punishment unlawful assembly),147 (rioting),120B (criminal conspiracy), 34 (common intention) of the Indian Penal Code,1860. 

During the hearing, the SPP sought an adjournment to read the files of the accused and submitted that the file had been handed over to him recently. He accordingly, sought time.

Additional Sessions Judge Arul Varma of the Saket Courts, Delhi noted that Special Public Prosecutor Madhukar Pandey was appointed for State vide notification no. F.8/295/2020/HPII/1651-63.

ASJ Varma also noted, “the matter has been pending since 2019, and the Ld. Spl PP has been appointed since 26.07.2021, but the IO/ACP and DCP did not bring the matter to the notice of Ld. Spl PP, due to which the Ld. Spl PP has sought some time to address arguments.”

The court ordered, “Let a copy of this order be sent to the concerned DCP Crime Branch to give an explanation as to why the file was not brought to the notice of Ld. Spl PP despite him being appointed as per the above-mentioned notification”.

Accordingly, the court sought an explanation from the DCP by the next date of the hearing, i.e. December 12, 2022.

Background:

On December 12, the students of Jamia Milia Islamia University were protesting against the Citizenship Amendment Bill, which was passed by both houses of parliament on December 9, 2019. The bill became Citizenship Amendment Act (CAA) after it was signed by the President on December 12. Large Protests and Rallis were organized at many places on the University campuses against the CAA.

Case Title: State v. Mohd. Ilyas@ Illen