The Delhi Police has charged three students of Jamia Millia Islamia along with three other local politicians under 14 sections of the Indian Penal Code (IPC) — including attempt to murder and wrongful restraint charges among others — in an FIR filed at the Jamia Nagar Police Station on Monday.
Chandan Kumar, Asif Tanha and Kasim Usmani — all students of Jamia Millia Islamia — have been charged with Sections 143 (part of an unlawful assembly), 147 (rioting), 142 (rioting with deadly weapon), 149 (part of an assembly guilty of prosecuting common object), 186 (obstructing public servant's duty), 353 (obstructing public servant's duty by criminal force), 332 (voluntarily hurting and obstructing public servant's duty), 308 (attempt to commit culpable homicide), 427 (damage to property), 435 (arson and use of explosives to destroy property), 323 (voluntarily hurting someone), 341 (Wrongful restraint), 120B (part to criminal conspiracy) and 34 (part of a mob that committed criminal offence).
Interestingly, none of the students was identified by the course they study at Jamia but by the political organisation they are affiliated to. Chandan, the unit secretary of the All India Students' Association at Jamia said that this is an attempt to instil fear within the students but they will not backtrack now. "We want to make it very clear that we will not be scared off by these baseless claims. We will take legal advice soon but will, in no way back down," said Chandan. "We are trying to protect our constitution and its integrity. Is that a crime? If so, then every day more and more Indians are becoming criminals," added Chandan, a final-year student of mass communication at the university. Asif Tanha is a member of Students' Islamic Organisation of India (SIO) and Kasim, a member of Aam Aadmi Party's CYSS.
The students are adamant that they will not file for anticipatory bail and if the police want to arrest them for 'baseless' reasons, they can. But they will continue their protest and struggle. "They are just trying to scare us. The police, after so much brutality, have no shame and are accusing the victims. We will stand together and protest. If they want they can come and arrest the students but we are not applying for anticipatory bail. We have not done anything wrong," said Ajaz Choudhary, National Joint Secretary of the AISA.
While the other sections that have been slapped on the students are common for any protest that had gone violent Section 341 which accuses them of wrongfully restraining of individual(s) is what seems to stand out. So far there have been no reports of the students or the protestors restraining anyone till date. "We do not know how this allegation even cropped up. There was not even a single gherao that they can charge us with this section," said Chandan.
In the FIR, based on a complaint by Station House Officer (SHO) Upender Singh, the police mention that a small section of the battalion entered the university to flush out the violent mob and to ensure the safety of the students. But at the same time, it accuses the same students and members of other political organisation — and identifies the students as part of the political organisations — of rioting and vandalism and the hoard of other charges mentioned.
