Legal News - 6th July 2020

Legal update

By Neha Goenka

You Cannot Malign Constitutional Authorities Like This, Says SG Tushar


Today, during the hearing before Delhi High Court in plea related to the violence during

Jamia Millia Islamia (JMI) university protests, SG Tushar Mehta appearing for Delhi Police

objected certain statements made by the petitioners in their rejoinder affidavit and said you

cannot malign constitutional authorities like this.

Bench of Chief Justice D N Patel and Justice Prateek Jalan, was hearing a batch of petitions

concerning violence that broke out at Jamia University last year following the Anti-CAA


During the course of today’s hearing Solicitor General Tushar Mehta while reading out the

rejoinder filed by the Petitioner submitted that, “the Petitioners have already found Delhi

Police guilty of destructing private property.

Further submitted that there is no evidence to suggest that the Home Minister himself directed the police to mercilessly beat the students. ‘You cannot malign a constitutional functionary like this”, Mehta added.

He further suggested that such allegations look appropriate in public speeches but not in

affidavits filed before a constitutional court. Moreover, the statements were unsubstantiated

and was an example of irresponsible pleadings by the Petitioners, said Mehta

Mehta further urged the bench to ask the Petitioners as to what is the material they were

relying upon for making such allegations. “You can make allegations against the PM also, but

they should be backed by evidence” Mehta added.

The bench thereafter questioned the Petitioners as to why are they making such allegations in their rejoinder?

SG Tushar Mehta further urged the bench list the matter for final hearing.The bench said that

the matter shall be decided as soon as possible.

Indira Jaisingh appearing for one of the petitioners submitted that there are no allegations

against the Home Minister in the rejoinder filed by her.

She further urged the bench to decide the matter expeditiously since the matter has been

pending for a long time.

The court while passing the order noted that the Petitioner has decided to remove the direct

allegations made against the Home Minister in his rejoinder.

The matter has been listed for next hearing on Monday

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