The hearing in the Delhi High Court on Wednesday on a plea related to recent violence at Jamia Millia Islamia University during protests against the Citizenship (Amendment) Act (CAA) witnessed heated exchange of words between the Delhi government standing counsel and the top law officer of the country.
The arguments took place during the hearing of a petition, filed by a lawyer and two women students of JMI, seeking direction to the authorities to release the students and residents who were allegedly detained during the recent protests here against the CAA.
The petitioners' counsel sought interim protection from coercive action for the two women students, saying their apprehension was that action will be taken against them in response to the FIRs lodged by the Delhi Police.
Delhi government standing counsel (criminal) Rahul Mehra said though he represents Delhi Police, he does not have any instructions on the matter and according to him, the petitioners were women with no criminal antecedents and they should be given interim protection from coercive action.
"I appear for the police but I do not have any instruction. I am also an officer of the court. These three petitioners are women of this country and they are not hard earned criminals and have no criminal antecedents.
"It is our duty to protect them. We will be failing in our duty if they are not given interim protection," he said.
However, this did not go well with Solicitor General Tushar Mehta who said he was appearing for all including Centre and Delhi Police and the submission made by Mehra was unfortunate.
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"This is unfortunate. Let him go to that side and appear for petitioners," he said, adding the matter has to be heard by the Chief Justice of the High Court as per the Supreme Court's direction and only the Chief Justice can pass any order.
Justice Vibhu Bakhru refused to grant any interim protection from coercive action and said only an oral prayer was made by the petitioners' counsel for the relief and no material has been placed on record.