A student of a Left wing organisation who was booked in connection with the violence during an anti-citizenship law protest near Jamia Millia Islamia here last month claimed before a Delhi court on Tuesday that the police was not carrying out a "fair" investigation in the case.
Chief Metropolitan Magistrate Gurmohina Kaur was hearing a plea filed by All India Students' Association (AISA) Secretary Chandan Kumar seeking a court-monitored investigation into the case.
The court has listed the matter for further hearing on January 31.
Advocate Adit S Pujari, appearing for Kumar, claimed the Crime Branch of Delhi Police should also investigate the police personnel of Jamia Nagar police station who had allegedly entered the varsity campus without any permission on December 15 and attacked the students.
"Police cannot enter a library in a university campus and start hitting people. Let the Crime Branch also investigate the police personnel of Jamia Nagar Police Station. The police is not conducting a fair investigation. They are only seeing one side of the coin, not the other," the counsel told the court.
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Pujari added that according to media reports, 102 arrests have been made so far in the case and the police should be directed to show at least one CCTV footage where the arrested can be seen indulging in violence.
He further said the police cannot seize the mobile phone of Kumar and it violated his fundamental right.
"The court has to see whether the police can direct an accused (Kumar) to give his pass code for his mobile. It is a violation of his fundamental rights. They have kept the mobile in their possession. All his personal information is there," Pujari said.
The lawyer claimed that Kumar was not allowed to consult his lawyer when he was called for questioning by the police.
"Let he be allowed to call a lawyer so that the counsel can consult him whenever he is called for questioning in the case by the police. Kumar has always called for peaceful democratic protests. He has always appealed to people to refrain from any communal statement," he said.
Kumar's plea, filed through advocates Pujari and Kriti Awasthi, sought monitoring of the investigation "as the investigating agency, while shielding its own policemen who wreaked havoc in the premises of Jamia Millia Islamia University, has proceeded to name the applicant (Kumar), who is a peace-loving citizen/student leader".
It also sought directions to the police to return Kumar's mobile phone.
The plea claimed that Kumar had to unlock his mobile phone due to pressure from the members of the investigating agency.
"The continued possession of the mobile phone with the investigating agency is a direct and immediate violation of the right to privacy of the applicant," it said.
It further alleged that Kumar's lawyer was not allowed to meet him during his interrogation by the police.
The plea also sought directions to the police to ensure that a fair investigation be conducted, and appropriate material be made available before any decision to take coercive action is undertaken.
On December 15, protests in the area against the amended citizenship Act turned violent. Four DTC buses, 100 private vehicles and 10 police bikes were damaged. Police had even entered the university campus and allegedly attacked students.
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