On Monday, the Ggnizance regarding the assault on foujarat High Court declined to initiate suo motu coreign national students of Gujarat University while they were observing prayers (Namaz) in their hostel on Saturday night.
Advocate KR Koshti had petitioned the bench, led by Chief Justice Sunita Agarwal and Justice Aniruddha Mayee, to intervene independently, but the bench rejected the plea.
They emphasised that the High Court cannot supplant the duties of police.
"Not every incident in this city can be a PIL matter. Everything happening in this city cannot be considered under PIL jurisdiction. Please do not make us (judges) inspectors or investigating officers. We have our Police force to look into the issue. We are a court and not an investigation agency," the Chief Justice observed, according to a report by Bar & Bench.
However, Koshti persisted in urging the Court to address the issue, asserting that the police had inadequately investigated the case by not invoking several significant and severe provisions in its First Information Report (FIR).
"But for that, Mr counsel, you have other legal remedies. Please go and exhaust those remedies. You, please don't make us an investigating agency. If certain provisions aren't incorporated (in the FIR) then there is a remedy available to you. Sorry, we can't take cognizance like this," the Chief Justice said.
Moreover, Koshti urged the bench, emphasising that it was a constitutional court vested with authority over matters of public importance.
"Thank you for the reminder that we are constitutional courts, Mr. Counsel. However, we are mindful of our constitutional jurisdiction and understand when to wield our powers and when not to," Chief Justice Agarwal responded, declining to take cognizance of the incident.
On March 16, approximately 20 individuals, chanting 'Jai Shri Ram', forcibly entered the boys' hostel premises of Gujarat University. They reportedly obstructed Muslim students from African nations, Afghanistan, and other countries from offering Namaaz.
What began as a verbal altercation between some of the perpetrators and the foreign students escalated into violence. The mob, numbering around 20, stormed the campus, chased the foreign students to their rooms, and vandalised their belongings, including bikes and laptops. The confrontation resulted in injuries to at least five students, with two of them sustaining severe injuries requiring hospitalisation.
So far, five individuals have been arrested for attacking foreign students and stirring violence.
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