Supreme Court agrees to hear Delhi Police’s plea to quash FIRs against NEET protesters

The Supreme Court agreed to hear on Tuesday a plea filed by the Delhi Police seeking quashing of 13 FIRs registered against students who participated in the NEET paper leak protests and registering a fresh case against 2,873 individuals who were present during the stir to probe their role in the violence.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana took note of the submission by Solicitor General of India Tushar Mehta, who mentioned the matter, seeking an urgent hearing.

As the bench was about to rise after the day’s proceedings, Mehta said, “We want to move an IA (interlocutory application). It’s regarding that protest for quashing of FIRs... We are invoking Article 142 (of the Constitution).”

The top court remarked that it has no problem if parties are reconciling, and agreed to list the matter for hearing on Tuesday.

The application said that according to the decision taken by the central government on July 25, the Delhi Police no longer wished to pursue 13 FIRs registered in connection with the Cockroach Janta Party (CJP) protests.

“It is submitted that 2,873 individuals having serious criminal antecedents as per the National Crime Records Bureau database were prima facie reported to be present at the protest site. The investigation is required to ascertain their role, if any, in the commission of offences relating to bodily harm or destruction of property at the said protests.

“The Delhi Police seeks leave to file a fresh FIR only for these 2,873 individuals. The registration and consequential investigation of this fresh, specific FIR shall be in conformity with the clarification of the expression, ‘criminal antecedents’,” the application said.

The Delhi Police submitted that no fresh FIR will be filed for the incidents which are the subject matter of this application.

“In view of the larger public interest and in the peculiar facts of this case, the applicant invokes the extraordinary jurisdiction of this court under Article 142 of the Constitution of India, praying for quashing of the FIRs... and to seek permission to file a fresh FIR... This court may kindly be pleased to clarify, while allowing this application, that the order passed by this court is in the peculiar facts of the case and shall not be treated as a precedent,” the application said.

The development assumes significance as the CJP has called for a protest march in Delhi, accusing the Centre of failing to honour the promises made on July 25 to persuade the group to withdraw its 36-day agitation against examination irregularities.

According to the CJP, the march is scheduled to take place on Teachers’ Day and would be led by families of students who committed suicide following the cancellation of the NEET exam and the subsequent re-test, as well as those who were allegedly subjected to police excesses during the July agitation.

The apex court had earlier constituted a high-powered enquiry committee headed by former apex court judge Justice R Subhash Reddy to probe issues and allegations, including those of police excesses against students surrounding the nationwide protests against NEET-UG paper leaks.

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 that 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 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.

The student-led protests, which spread to several cities, were centred around the resignation of the then Union education minister Dharmendra Pradhan.

The agitation, which began at Jantar Mantar on June 20, was called off on July 25 after Pradhan resigned and the government accepted the CJP’s other demands.