2019 Jamia violence: In HC, parallels drawn with George Floyd’s case over use of police force

“If there is police force, there has to be some justification. Most horrendous forms of violence occurred inside the university,” Jaisingh argued before a division bench of Justice Siddharth Mridul and Justice Talwant Singh. The arguments were made in a plea seeking constitution of a fact-finding committee for a probe into causes and consequences of the violence that occurred in the university, constituting retired HC and Supreme Court judges and members of National Human Rights Commission (NHRC).

Jaisingh said, “What is the appropriate use of force? Entry into the university was unauthorised, and had no backing of law. Use of force, even inside and outside the university, were wholly disproportionate to any public good.”

The Delhi government claimed that NHRC has already filed a report. At this stage, the HC recorded, “The Delhi government has filed a report of a fact finding conducted by NHRC in relation to these incidents of violence. The GNCTD prays for time on record the report of the inquiry conducted by the NHRC ‘on the alleged human rights violations’ the incidents that constitute the subject matter of the present writ petition in four weeks,” asking the Delhi government to provide a copy to Jaisingh.

Jaisingh argued that she was asking for an enquiry under the aegis of the HC. “At the end of the day, it is a matter which concerns the court. The issue is what is the legitimate use of force. You are aware of other jurisdiction, you remember what happened in George Floyd’s case. The whole issue is the proportionate use of force,” she said.

Justice Mridul orally remarked, “We can assure you that courts in India have generated enough jurisprudence… if you invite our attention to George Floyd we will take a look at it. But the fact remains when it comes to excessive use of force by the police we have generated enough jurisprudence here… this court and numerous other courts in the country”. The HC further agreed with Jaisingh on the issue of excessive force and said, “We couldn’t agree with you more. Excessive use of force cannot be justified at all”. The matter is next listed in May.