SC to set up panel to probe police excesses during NEET protest
The Supreme Court on Tuesday said it would constitute a high-powered committee comprising retired judges, a former DGP, an ex-CBI director and others to examine allegations of police excesses against student protesters in Delhi.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said an order for constituting the committee would be released on Wednesday after it receives suggestions from different parties on other members to be included in the panel.
The top court further said that it would direct the handing over of video footage and CCTV recordings of the violence during the July 20 Parliament march in Delhi to the high-powered committee for examination.
The panel would also examine complaints and allegations made by female protesters who were reportedly targeted during the protest march in Delhi and other areas.
The bench asked Solicitor General Tushar Mehta to furnish details of FIRs implicating the student protesters, which are to be quashed, indicating that the court may exercise its plenary powers under Article 142 of the Constitution.
"It is the life of students, which is at stake. We have to consider this. They have a future ahead. They have the right to protest under Article 19," the bench told a counsel, opposing quashing of cases against student protesters without them tendering an apology.
Mehta said police had identified more than 2,800 "anti-social elements", who had been involved in heinous offences in the past, as responsible for the violence during the July 20 protest.
On August 3, the top court clarified that the expression "criminal antecedents" in its order on releasing student protesters referred only to those involved in grave and heinous offences, and said states could close or withdraw FIRs against the remaining students in accordance with law.
The clarification came after the Centre submitted 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 apex court had earlier observed that police excesses or a 'lathi charge' cannot be justified merely because there is an agitation and underlined that the right to peaceful protest was "absolutely guaranteed".
The Cockroach Janta Party (CJP)-led march on July 20 in Delhi saw clashes between protesters and security personnel, who used lathis and teargas shells to disperse crowds attempting to move towards Parliament.
