Legal News - 6th July 2020
Legal update
By Neha Goenka
You Cannot Malign Constitutional Authorities Like This, Says SG Tushar
Mehta
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
protest.
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