Asks UP Chief Secretary, DGP to Adhere to NHRC’s Recommendations

The NHRC recommendations include paying compensation to six students who were grievously injured in the police lathicharge and disciplinary action against the policemen seen in CCTV footage indulging in caning students and damaging two-wheelers on the university campus.

AGENCIES / Prayagraj

In a major ruling that might check Poilce harshness, the Allahabad High Court on Monday directed the Uttar Pradesh chief secretary and DGP, the CRPF DG, the VC and registrar of the Aligarh Muslim University (AMU) to adhere to the recommendations of the NHRC, including paying compensation to six students who were grievously hurt in police action and acting against the policemen who lathicharged students during an anti-CAA protest on the university campus on December 15 last year.

The court directed the officers concerned to comply with the order and file a compliance report by March 25, the next date of hearing.

The bench comprising Chief Justice Govind Mathur and Justice Samit Gopal passed the order on a petition filed by Mohammad Aman Khan of Prayagraj, alleging police brutality on students.

The petition urged the court to pass several directions, including one to set up a court-monitored committee for a judicial inquiry into acts of violence and arbitrary detention of students by the Uttar Pradesh police and paramilitary forces on the AMU campus from December 12 to December 15 last year.

On January 8, the high court had asked the National Human Rights Commission (NHRC) to conduct an inquiry into the matter and the same was done by a six-member team of the rights body.

The report submitted by the team was accepted by the NHRC. Subsequently, a copy of the report, along with the order of the proceedings, was sent to the court.

The NHRC recommendations include paying compensation to six students who were grievously injured in the police lathicharge and disciplinary action against the policemen seen in CCTV footage indulging in caning students and damaging two-wheelers on the university campus.

The commission also recommended that the police force, Central Reserve Police Force (CRPF) and Rapid Action Force (RAF) should be sensitised and there should be special training modules to inculcate professionalism in handling such situations.

The court also directed the state Director General of Police (DGP) to ensure that the special investigation team (SIT) set up vide its order of January 6 investigated all the related cases on merit and in a time-bound manner.

The court advised the DGP and senior police officers to set up a robust intelligence gathering system and take steps to counter rumour-mongering and circulation of distorted and false news, especially on the social media.

The AMU vice chancellor and registrar were asked to establish a mechanism of better communication with students so that they were not influenced by outsiders, rusticate unruly students and take up confidence-building measures to rebuild the trust of students so that such incidents did not occur in the future.

The report submitted by the Commission made the following recommendations:

a) Directing the Chief Secretary Govt. of Uttar Pradesh to provide suitable compensation to the six students who have been grievously injured commensurate with their injuries, on humanitarian grounds.
b) Directing the DGP-Uttar Pradesh to identify the policemen (both district police and PAC), as seen in CCTV footages involved in stray incidents of damaging motorcycles and unnecessarily caning the apprehended students which has no bearing on the task of controlling law and order. A suitable action may also be taken against them as per rules and provisions that exist for subordinate officers in UP Police. The police force should be sensitized and special training modules be carried out to inculcate professionalism in handling such situations.
c) Similar directions as in point (b) above may also be given to the Director-General, CRPF for RAF. RAF being a specialized force primarily set up to deal with riots and handle law and order situations, should show utmost professionalism in such crisis situations while at the same time, respecting the human rights of civilians also.
d) Directing DGP of UP, to ensure that the SIT set up vide his order dated 06/01/2020 investigates all the related cases on merits and in a time-bound manner. The Hon’ble court may also like to set the time limit and periodic review, if any, for the completion of investigations on time.
e) The DGP UP and Senior Officers are also advised to improve and set up a robust intelligence gathering system. Special steps may be taken to counter rumour-mongering and circulation of distorted and false news, especially on social media. This is to better control such law and order incidents which occur spontaneously and unexpectedly.
f) To direct the AMU-Vice Chancellor, Registrar and other authorities to establish a mechanism of better communication with the students’ fraternity so that they are not influenced by outsiders and rusticated unruly students. They should take up all confidence-building measures to rebuild the trust of students so that such incidents do not occur in future.”