2019 Jamia violence case: CCTV footage collected well in time and duly preserved, Delhi Police to HC

The batch of pleas was listed Monday before a division bench of Justice Siddharth Mridul and Justice Talwant Singh which was then adjourned to July 13.

In its affidavit, the Delhi Police stated that CCTV footage from 13 locations in the New Friends Colony area was collected and sent to the Forensic Science Laboratory (FSL) in Rohini for authentication. “After examination, the seized Pen Drives, DVRs were received back and a copy of the footage was supplied to the accused persons in FIR No. 242/19 PS New Friends Colony, New Delhi,” the affidavit stated.

With respect to footage around Jamia Nagar, the affidavit stated that during the course of the investigation in the case registered under FIR No 298/19 at Jamia Nagar Police Station, CCTV footage of the cameras installed at four locations inside and outside the Jamia Milia University, at Gate Nos 4 and 7, New Library, and Old Library were collected in a PEN drive. It added later the original source—eight digital video recorders (DVRs) of these four locations—was seized and sent to the Rohini FSL for examination and the report is still awaited.

The police have submitted that as and when DVRs are received from FSL, their relevant portion would be analysed and placed before the trial court through a supplementary chargesheet if required.

“Thus, it is respectfully submitted that in view of the facts enumerated herein above, the CCTV footage available in the area of PS New Friends Colony and PS Jamia Nagar, New Delhi was collected well in time and the same forms part of the case file in the above two FIRs and is thus duly preserved,” the affidavit reads.

On the plea for adequate compensation, the police said the National Human Rights Commission (NHRC) had conducted an enquiry on the complaints regarding alleged atrocities by the police and paramilitary forces inside Jamia Millia Islamia University campus, which included Hasan’s complaint. After a thorough and detailed enquiry, the Commission accepted the recommendations made by the NHRC investigation team which said the chief secretary has been recommended to provide “suitable compensation to the injured students who received grievous injuries, commensurate with their injuries, on humanitarian grounds”.

“It is submitted that as evident from the aforesaid direction passed by NHRC, the Chief Secretary, GNCT Delhi, was directed to provide suitable compensation to persons who have received grievous injuries. It is submitted that the details of the compensation supplied by GNCTD are presently not available with the respondent Delhi Police and efforts to get the same from GNCTD are being made,” the affidavit added.

The police in its affidavit also said the Commission report itself records that Hasan “actively participated” in the proceedings before NHRC and gave all the evidence available with her [which is also made part of the present proceedings (before HC)]. The affidavit states since Hasan succeeded before NHRC in getting the relief for compensation, she cannot press for the same relief once again before the HC while suppressing the fact that she had already obtained this relief.

Calling it an attempt to “abuse the process of law” and “equity jurisdiction” of the HC, hence, the Delhi Police said, Hasan’s plea should be rejected with exemplary cost. “The conduct of the petitioner in suppressing the above material fact also warrants deprecation,” the affidavit stated, adding that the plea should be dismissed.