Petition to transfer the investigation of politically motivated crimes to an independent body
Fatima Nafees versus NCT Delhi and Jawaharlal Nehru University (JNU):
Mr. Najeeb Ahmed, son of the Petitioner, aged 27 years and a student of MSc. Biotechnology (1st Year) Jawaharlal Nehru University, New Delhi, was allotted and was staying in room no. 106 in Mahi Mandavi hostel of the University. In the intervening night of 14-15 October 2016 at around 2-2.30 am the petitioner received a call from her son telling her that something has happened to him. Worried, she called on the phone number of his hostel roommate, Mr. Qasim who informed her that her son has suffered injuries and assured her that she need not worry as they were there to take care of him. Not convinced the petitioner boarded the bus for Delhi with her son Mujeeb at around 3.30 or 4.00am. She talked to her son Najeeb on reaching Bulandshahar, UP. On reaching ISBT Anand Vihar, Delhi she again called her son Najeeb informing her that she had reached Delhi and he should meet her in his room. Najeeb, her son, asked her to come over and meet him confirming that he was in his hostel room.When Petitioner reached the hostel room of her son Najeeb sometime between 12-1 pm on 15.10.2016 she did not find her son there. His roommate and other fellow students and hostellers could not reveal the whereabouts of her son after 11-11.30 am of 15.10.2016. During this period of time she learnt that her son was beaten in his room, by a few hostellers after coming to his room at around 11.30 pm on 14.10.2016 in connection with canvassing for some election of students. These boys were then joined by a group of outsiders living in the hostel who also beat up Najeeb. He was then again brutally beaten in the wash room; in the presence of the hostel warden and security guards and the students who were trying to save him as they had gathered at the spot hearing loud noises and cries. Loud and open threats to Najeeb were given by the persons beating him stating that they would make sure Najeeb would be taken care of without leaving a trace of him. They were demanding that Najeeb be handed over to them. The Petitioner also learnt that the University ambulance was used to take Najeeb to the hospital. Nothing is known about what happened there except that the Petitioner was told that no treatment was given to her son Najeeb at the hospital. No police PCR was called by the Warden. Despite the so called heavy security, Najeeb was physically beaten and assaulted intermittently at around 11.30 pm on 14.10.2016 at different places in the hostel by an unlawful assembly of persons. On 16.10.2016 the FIR no. 523 of 2016 was registered under section 365 of the Indian Penal Code, 1860 but there was no mention of the incident of assault on Najeeb Ahmed on 14.10.2016. The president of the JNUSU Mr. Mohit Pandey who was also present during the incident on 14.10.2016 lodged a complaint with the police about the incident naming the persons who brutally beat Najeeb and threatened him with being removed without a trace on the night of 14-15 October 2016. In addition to containing the names of said persons, the complaint lodged also comprised of their room numbers and the names of those who perpetrated the incident and were present in the hostel without any legal status to be there.
On 17.10.2016, a complaint was also lodged with the Chief Proctor of the University by a number of students reporting the brutality meted out to Najeeb. Petitioner stated that the persons referred to while describing the assault on Najeeb Ahmed on the night of 14th October were members of the Akhil Bhartiya Vidyarthi Parishad (ABVP), which is affiliated to the RSS and therefore closely connected with the BJP which is the party in power at the centre. A careful scrutiny of the investigation papers including the status reports possibly showed that the police are putting out various misleading reports in the press and elsewhere to take attention away from the possible role of the ABVP in the abduction and possible physical extermination of Najeeb.
Various status reports were put on record by the GNCT of Delhi that failed to satisfy the Petitioner in any manner. Hence the Petitioner stressed on the need to transfer the investigation from the Delhi Police to an independent SIT constituted by officers from outside the Territory of Delhi. After a battle of 8 months, the Court finally transferred the investigation to the CBI.
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