All HC | [CAA Protests –AMU] NHRC recommends — compensation to 6 students; Action to be taken against policemen involved in unnecessarily caning apprehended students

Allahabad High Court: A Division Bench of Govind Mathur, CJ and Samit Gopal, J., directed the Chief Secretary, Government of Uttar Pradesh, Director General of Police, Government of Uttar Pradesh, Director General, Central Reserve Police Force, Vice-Chancellor, Aligarh Muslim University and the Registrar, Aligarh Muslim University to adhere with the recommendations made by the National Human Rights Commission (NHRC).

This Court had by an order asked NHRC to conduct an enquiry for alleged human rights violation at Aligarh Muslim University.

In pursuance to the above, an enquiry was conducted by a 6 member team of NHRC.

Following are the recommendations made by the Commission:

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 disorted and false news especially on social media. This is to better control such law and order incidents that 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.”

The petition has been further listed for 25-03-2020. [Mohd. Aman Khan v. Union of India, Criminal Misc. Petition No. 26085 of 2019, decided on 24-02-2020]

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