The Delhi Police today informed a court that it has filed a petition before a superior court seeking to transfer a plea for an FIR in the Ramjas College incident in which anti-national slogans were allegedly raised.
Metropolitan Magistrate Abhilash Malhotra was told that the power to deal with the cases of Delhi Police Crime Branch was vested with the Chief Metropolitan Magistrate (CMM).
Police said the magistrate has no jurisdiction to try the matter.
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"I am of the opinion that since the transfer petition is pending, it will be prudent to wait for orders passed by the CMM in the said petition. Put up for further hearing on June 26," the magistrate said and added that the CMM would decide the jurisdiction.
It is pertinent to mention that after filing of a complaint by advocate Vivek Garg, CMM Satish Kumar Arora had marked it to the court of magistrate Malhotra.
Complainant Garg had vehemently opposed the police's plea saying it has been delaying the matter and hesitating to file a proper action taken report as it was not willing to probe the incidents.
Police, in its report filed in pursuance to court's direction, said that an enquiry committee was constituted by the Commissioner of Delhi Police.
It said the committee has been enquiring into complaints relating to the incidents that occurred on February 21-22 this year and it has so far examined 62 witnesses, including student groups and police officials.
It sought time to conclude the enquiry and said necessary legal action will be taken on conclusion of the enquiry.
The court was hearing the complaint seeking lodging of an FIR into the February incidents during which anti-national slogans were allegedly raised at Ramjas College by members of students groups AISA and SFI.
The plea had said a similar incident had taken place in JNU last year. It alleged that "massive anti-national slogans/ activities were being carried out by leaders/students of AISA/SFI in Ramjas College, shamelessly and openly which supported India's enemy i.E. Pakistan. The criminal acts of accused were also boosting morale of terrorists against our country."
The complainant has alleged in the plea that such slogans were shocking, damaging for the country and an open challenge to its unity and safety and the judicial system.
It has alleged that organisers of the seminar had misled the college administration to obtain the nod for the event and "conducted activities against the nation and tried to wage a war against the country".
It has sought lodging of an FIR for the alleged offences of sedition, criminal conspiracy, waging war against the State and defamation under the IPC.
On February 21, members of RSS student wing ABVP had gathered outside the college and shouted slogans in protest against a seminar for which JNU students Omar Khalid and Shehla Rashid were invited. The ABVP members allegedly pelted stones, vandalised the venue and disrupted the seminar.
The next day violent clashes erupted between Left and ABVP students leaving several students and three teachers injured.
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