The Supreme Court has said it will constitute a high-powered committee comprising retired judges, a former director general of police, an ex-CBI director, and others to examine allegations of police excesses against student protesters in Delhi. The proposed panel will also examine complaints made by female protesters and review video footage and CCTV recordings linked to violence during the July 20 Parliament march.
A Panel Still Taking Shape
A Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana said an order constituting the committee would be released on Wednesday, after suggestions are received from different parties regarding other members to be included in the panel.
What the Committee Will Examine
The court said video footage and CCTV recordings of the violence during the July 20 march would be handed over to the committee for examination. The panel will also look into complaints and allegations by female protesters who were reportedly targeted during the march in Delhi and other areas.
The Bench asked Solicitor General Tushar Mehta to furnish details of FIRs implicating student protesters that are to be quashed, indicating that the court may exercise its plenary powers under Article 142 of the Constitution. Emphasising the consequences criminal proceedings could have for students, the Bench said their future was at stake, and referred to their right to protest under Article 19. This observation came while the court was hearing arguments opposing the quashing of cases against student protesters without an apology from them.
Mehta told the court that police had identified more than 2,800 people described as "anti-social elements," who he said had been involved in serious offences in the past, as responsible for the violence during the July 20 protest.
The Ongoing Review of FIRs
The Supreme Court had on August 3 clarified that the expression "criminal antecedents" in its order concerning the release of student protesters applied only to those involved in grave and heinous offences, adding that states could close or withdraw FIRs against the remaining students in accordance with law.
This clarification followed the Centre's submission that it was serious about not pursuing FIRs against students who participated in the NEET examination paper leak protests, including the July 20 Parliament march in Delhi, provided they did not have criminal antecedents. The court's latest directions bring both the allegations of police action and the criminal cases involving protesters under scrutiny, with details of the FIRs sought by the Bench potentially forming part of its consideration on whether cases against students should be quashed.
Reaffirming the Right to Peaceful Protest
The top court had earlier observed that police excesses or a "lathi charge" could not be justified merely because an agitation was taking place, underlining that the right to peaceful protest was "absolutely guaranteed."
The July 20 march in Delhi, led by the Cockroach Janta Party (CJP), saw clashes between protesters and security personnel as crowds attempted to move towards Parliament, with security personnel using lathis and tear gas shells to disperse the protesters.
With this proposed committee, the Supreme Court has moved to establish an independent examination of allegations surrounding the police response. Its remit is expected to include the available video and CCTV material, as well as complaints from female protesters, while the court separately considers the status of FIRs registered against students.
FAQs
Q1. What is the Supreme Court's proposed committee expected to examine?
The committee will examine allegations of police excesses during the July 20 student protest, including complaints from female protesters, along with video footage and CCTV recordings of the violence.
Q2. What clarification did the Supreme Court give regarding FIRs against students?
The court clarified that "criminal antecedents" applied only to those involved in grave and heinous offences, allowing states to close or withdraw FIRs against remaining students in accordance with law.
Q3. What did the Supreme Court say about the right to peaceful protest?
The court reaffirmed that the right to peaceful protest is "absolutely guaranteed" and that police excesses cannot be justified merely because an agitation is taking place.