SC bars action against student protestors
Hearing allegations of police brutality, the court sought preservation of evidence while protecting students
The Supreme Court on Tuesday restrained States from taking any coercive action against protesters in the recent student-led agitation and directed them to release those under 18 on the condition that none should have any criminal antecedents.
“All States are hereby instructed to release children under the age of 18, who have been reported to be arrested or detained in connection with the ongoing protests and who do not possess any criminal antecedents,” a bench headed by Chief Justice of India Surya Kant directed. It said if necessary, these children shall be released upon the execution of a simple bond by themselves or their family members, especially if such a requirement is insisted upon for surety.
Hearing a batch of petitions alleging police brutality during demonstrations against irregularities in exams and the NEET paper leak, the bench said a fair and independent probe on the matter was required.
During the hearing, the bench also comprising Justices Joymala Bagchi and V Mohana observed, “Whosoever committed excesses, took law into their hands should be taken to task.”
The bench took note of allegations such as the use of pellet guns, lathis embedded with nails, rubber bullets and electric batons on protestors resulting in severe life-threatening injuries to several students and young women.
It directed that the Delhi Government and other States may proceed with the investigation of the FIRs registered but no coercive measures shall be taken against the protesting students.
“Such protection, nonetheless, shall not be extended to the persons with criminal antecedents,” the SC clarified.
Noting that the bench is mulling an independent, transparent and thorough probe into all allegations by a task force, the bench said a probe is also required to ascertain the attacks on 250 policemen and whether they were by students or miscreants. “Be that as it may, the allegations made by the petitioners, prima facie, establish a compelling case for an independent and impartial investigation into the incidents of violence. Such an investigation will adequately address the allegations presented by the family members of the police personnel, as well as the issues raised by the Solicitor General of India,” the bench said.
The court indicated that it might constitute an SIT headed by a former SC judge for the investigation.
While posting the matter for further hearing on August 3, the SC said in the interest of justice it is giving an opportunity to the Union Government and the States concerned to place their versions on record before it considers constituting an independent committee or a Special Investigation Team (SIT).
The SC issued notices to Maharashtra, Bihar, Assam, Uttar Pradesh, Madhya Pradesh, West Bengal and Kerala and asked their advocates general to appear online on the next date of hearing.
The bench issued a slew of interim directions to States where protests were held to preserve CCTV footage, drone recordings, body-camera footage, wireless communication records, PCR logs and other digital evidence pertaining to the protests.
“Although it has already been stated at the bar by the Solicitor General of India, on instructions, we also, as an abundant precaution, direct that all CCTV footage, drone footage, body-worn camera recordings, videography, wireless communication records, and PCR lodge collections related to the students’ protest be preserved,” it directed.
It also ordered the police authorities to ensure that the personal information and digital data of the protestors, collected during the students’ protests, are preserved and are not disclosed to the public domain for the time being.
The bench emphasised that the authorities may not publish any public data/details of the protestors, especially students.
The law must take its course once there is violation of “defined protocol”, the apex court said, adding that it will disclose details of the composition of the SIT at a later stage.
The Cockroach Janta Party (CJP)-led march on July 20 in Delhi witnessed clashes between protesters and security personnel, who used lathis and teargas shells to disperse crowds attempting to move towards Parliament. The protests escalated and spread to several other states.
The protesters were demanding the resignation of Union Education Minister Dharmendra Pradhan over the NEET paper leak issue.
The agitation ended on Saturday with Pradhan’s resignation and the Government agreeing to the demand for compensation to the families of those who had ended their lives and no FIRs against the protesters.
Noting that It is mulling A probe into allegations, The SC said a probe is also required into attacks on policemen
