Court declines plea seeking second FIR in JNU violence

Based on a status report by police, the court said the complaint fell under the ambit of the existing FIR.

October 30, 2020 04:32 pm | Updated 04:36 pm IST - New Delhi

Jawaharlal Nehru University professor Sucharita Sen being treated for head injuries she sustained during an attack inside the university campus on January 5, 2020. Photo: Twitter/@JNUSUOfficial

Jawaharlal Nehru University professor Sucharita Sen being treated for head injuries she sustained during an attack inside the university campus on January 5, 2020. Photo: Twitter/@JNUSUOfficial

A Delhi court has dismissed a plea filed by Professor Sucharita Sen, who suffered injuries during an attack allegedly by masked people inside the Jawaharlal Nehru University campus on January 5, seeking registration of an FIR in the matter, as it observed that a case has already been lodged.

The court passed the order after a status report was filed by the police, which informed that an FIR was registered for the said violent act of the mob which gathered at Periyar Hostel, JNU.

After going through the report, the court said, “This implies that injuries suffered by number of persons including the complainant was a result of violent act which forms part of same transaction for which FIR already registered as it not only has proximity in time and place but also the damage to property and the injuries suffered by the complainant and other persons.”

“Hence, I am satisfied that no directions are required for registering separate FIR on the complaint made by the complainant,” Chief Metropolitan Magistrate Pawan Singh Rajawat said in the order passed on Wednesday, while dismissing the application.

The judge, however, directed the DCP of Crime Branch to file a status report of the investigation of FIR which has been registered in this regard by December 19.

The FIR was lodged by the Delhi Police at Vasant Kunj (North) police station and was later transferred to its Crime Branch.

The status report also said that the Investigating Officer probing the matter has also collected the medical report from the AIIMS, which opined the injuries received by the complainant as simple blunt .

Ms. Sen’s statement was recorded on February 20, it said.

The court also observed that even though Ms. Sen wanted a separate FIR, she did not make any apprehension that her complaint will not be investigated in the FIR that has already been lodged.

According to the complaint, Ms. Sen, along with students and other teachers, was holding a meeting at Sabarmati Tea Point on January 5 and at about 6-6:30 pm, when it was learnt that a mob armed with deadly weapons had gathered at Periyar Hostel.

The mob reached the meeting venue and started pelting stones and beating the students and teachers in which the complainant also suffered injuries.

The complaint had sought registration of a separate FIR in the matter.

In her submission, the professor had claimed that no action was taken so far and that the case that was transferred to the crime branch was a separate FIR.

In her plea, she had told the court that the lodging of an FIR was urgent since investigation could take place only after the case is registered.

The professor had said she had to approach the court on account of inaction on the part of police authorities despite “clear and cogent” facts and underlying material placed by her before the investigating agency.

On January 5, masked men armed with sticks and rods attacked students and teachers and damaged property on the campus, prompting the administration to call in police which conducted a flag march.

At least 28 people, including JNU Students’ Union president Aishe Ghosh, were injured as chaos reigned on the campus for nearly two hours.

Union HRD Minister Ramesh Pokhriyal Nishank, senior Union ministers and JNU alumni S Jaishankar and Nirmala Sitharaman had condemned the violence.

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