Kapil Sibal said that the incident at Patiala court was a contempt of court and the top court should order a thorough probe into the violence.
The Congress today demanded that the Supreme Court ensures an independent investigation into the Jawaharlal University row, the aftermath of which has triggered nationwide protests.
"We will request the Supreme Court to ensure investigation by an independent agency into the (JNU) incident," party leader Kapil Sabal told reporters.
Trashing the sedition charges labelled against the JNU Students' Union president Kanhaiya Kumar, the former Union minister wondered as to "how Delhi Police could move in the matter when no investigation was done by the university authorities".
Questioning the role played by Delhi Police in the entire matter, Mr Sibal, who is an eminent lawyer, said that the report of the Vice Chancellor "on who is involved in the matter should be out first and then only any action can be taken as per the law. It is because universities are autonomous institutions."
He added that the report should first go to the governing board of the university.
Mr Sibal's remarks come at a time when the top court is going to hear tomorrow a matter concerning the attack on journalists, teachers and students of JNU at Patiala House courts.
Journalists and the students and teachers of JNU were beaten up yesterday allegedly by groups of lawyers, drawing criticism from the media amid calls for the home ministry to look into the "dereliction of duty" by police, which has been accused of being a "mute spectator" during the incident.
Mr Sibal said that the incident at Patiala court was a contempt of court and the top court should order a thorough probe into the violence, which also involved a Delhi BJP MLA.
"Security of the people going to the court needs to be ensured by the Supreme Court," he said.
On the sedition charges in the case, Mr Sibal questioned why such charges were not pressed against senior BJP MP Sakshi Maharaj and BJP MLA from Goa Damodar Naik, both who praised the man who assassinated Mahatma Gandhi.
He also asked why sedition charges are not pressed against those who raised anti-India slogans in in the Kashmir Valley. "Is it because BJP is in alliance with PDP?" Mr Sibal said.
Mr Sibal said that eminent Constitution expert Soli Sorabji who was the Attorney General in the earlier NDA government, has also questioned applying sedition charges in the JNU case.
"It is a state of undeclared emergency with everyone including the bureaucracy living in the shadow of fear. The essence of democracy is right to debate. Democracy needs debate, tolerance and brotherhood," he said.