SC orders release of protesters below 18 with no criminal record, bars coercive action

The Supreme Court ordered the release of eligible student protesters under 18 without criminal records and directed preservation of digital evidence from NEET paper leak demonstrations. The court sought responses from states, calling allegations of police excesses deserving of fair investigation

New Delhi: The Supreme Court on Tuesday directed the release of student protesters who are under 18 and have no criminal records, and asked authorities to preserve electronic and digital evidence relating to the recent nationwide stir over the NEET paper leak.

A bench headed by Chief Justice of India Surya Kant observed that allegations of police excesses against students prima facie warrant a fair and independent investigation. Hearing a batch of petitions alleging police brutality during the demonstrations, the apex court issued a slew of interim directions.

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The bench, also including Justices Joymalya Bagchi and V Mohana, directed all 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.

It also ordered that any digital data collected on protesters be preserved but not brought into the public domain.

The bench restrained authorities from taking any coercive action against protesting students, saying that the protection would not extend to persons with criminal antecedents.

The bench permitted the Delhi government to continue investigations into FIRs registered but said no coercive action be taken against eligible protesting students during the pendency of the proceedings.

The bench also sought responses from the chief secretaries of Delhi, Maharashtra, Bihar, Kerala, Madhya Pradesh and Uttar Pradesh to the allegations raised in the petitions.

“The allegations prima facie warrant consideration of a fair and independent probe, which must also address the concerns of families of over 200 injured police personnel,” the CJI said.

The bench said the Centre and the concerned states have been directed to place their versions on record before it considers constituting an independent committee or a Special Investigation Team (SIT) to ensure a fair, transparent and thorough probe into all incidents of violence during the protests.

At the outset, the court asked why there should not be an independent investigation into allegations of police excesses.

“Whosoever committed excesses, took law into their hands should be taken to task,” the bench said.