SC restrains coercive action against student protesters, seeks probe into alleged police excesses

The Supreme Court restrained states from taking coercive action against student protesters over exam irregularity agitations and directed preservation of digital evidence. The court said allegations of police excesses and violence require a fair probe while seeking responses from six states

New Delhi: 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.

Hearing a batch of petitions alleging police brutality during demonstrations against irregularities in exams and the NEET paper leak, a bench headed by Chief Justice of India Surya Kant said a fair and independent probe on the matter was required.

---

“Whosoever committed excesses, took law into their hands should be taken to task,” the bench, also comprising Justices Joymala Bagchi and V Mohana, observed as it took note of allegations such as the use of pellet guns, lathis with nails and electric batons, resulting in severe and life threatening injuries to several students and young women.

Stating 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 some “miscreants”.

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.

It also ordered that any digital data collected on protesters be preserved but not brought into the public domain. While protecting protesting students from coercive action, the bench made clear that it would not extend to those with criminal records. It permitted the Delhi government to continue investigations into the FIRs but said there should be no coercive action 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). 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 CJI said time has come to collate all legal principles formulated by the courts over the period of time and uniform protocols should now govern the situation of protests. Taking note of the submissions of lawyers of victims, the bench said a fair probe on protesting NEET students was required. “Once there is violation of defined protocol, law must take care of it,” the bench said.

Solicitor General Tushar Mehta, appearing for the Centre and the Delhi government, said students will not indulge in violence against police personnel but some “miscreants” were involved in violent incidents.

Miscreants involved in murder, rape and NDPS cases entered the students protests and perpetrated violence on police personnel, he added while pointing out that students had gathered for peaceful protests and they have right to protest.

“If students have suffered in any manner, whether as alleged or otherwise, then those responsible must certainly be brought to book. The government is prepared to act in whatever manner this court considers appropriate,” Mehta said.

On Monday, the bench said an agitation cannot justify “police excesses” or a ‘lathi charge’. The bench also said that the right to peaceful protest is absolutely guaranteed.

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.