The Delhi court dismisses a plea filed before it; in relation to filing a fir against the police officer for the conduct by them during CAA protest in Jamia Islamia University. The students of Jamia Islamia University initiate a plea against the police officers who in their context exceed the jurisdiction and go beyond their powers and enters the university.
The students allege officers caused the destruction of university property. They also fire tear gas shells and use force through lathi charge. In the same incident, they also hurt the religious sentiments of the person concerned by entering the university mosque.
Hearing the plea Saket court’s Metropolitan Magistrate Rajat Goyal analyze the matter under the purview of section 156 (3) and 197 of CRPC mentions that the present plea stands dismissed because if a public servant does an act in the discharge of his public duty. And go beyond the powers but have the reasonable nexus between the act by him. Then this excess use of power will not restrict him to use the protection given u/s 197 CRPC. Whereby police officials are free from the imposition of any liability over them; while they are working under the official capacity and doing their official duty in relation thereto. The court will thus have no power to adjudicate such a matter.
So the present plea before the Delhi High Court was dismissed on the fact that court u/s 197 can’t interfere with public servants. While they are working under official capacity. And even if the officials exceed the jurisdiction in the urge to complete the duty assigned in the present matter, they solely don’t stand on the outset of the protection given to them as the act is not wholly unrelated to the official duty.
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