SC to hear pleas on alleged police excesses during NEET protest
The Supreme Court will hear petitions alleging police brutality during protests over exam irregularities and the NEET paper leak. The court may consider constituting an SIT, while earlier directing states to avoid coercive action against student protesters and preserve evidence
New Delhi: The Supreme Court is scheduled to hear on Monday a batch of pleas alleging police brutality during the recent protests against irregularities in exams and the NEET paper leaks. A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana will be hearing the pleas in which the court had indicated that it might constitute an SIT headed by a former Supreme Court judge for a probe into the allegations made by protestors, pellet gun victims and to ascertain whether the attacks on policemen were carried out by students or some “miscreants”.
On July 28, the top court had restrained states from taking any coercive action against protesters and directed them to release those under 18 on the condition that none should have any criminal antecedents.
The top court had observed that a fair and independent probe in the matter was required and whosoever committed excesses, took law into their hands should be taken to task.
It had directed, “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.” The top court had 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.
It had taken 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.
The top court had directed that 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,” it had clarified. Noting that the bench is mulling an independent, a transparent and thorough probe into all allegations by a task force, the bench had said a probe is also required to ascertain the attacks on policemen and whether they were by students or some “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,” it had said.
While posting the matter for further hearing, the top court had said in the interest of justice an opportunity was given to the Centre and the states concerned to place their versions on record before it considers constituting an independent committee or a Special Investigation Team (SIT).
The top court had 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.
It had 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 had directed.
The top court had 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.
It had emphasised that the authorities may not publish any public data/details of the protestors, especially students. “The NCT of Delhi and other states may proceed with the investigation of the FIRs registered; however, no coercive measures shall be taken against the protesting students. Such protection, nonetheless, shall not be extended to the persons with criminal antecedents,” it had ordered.
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.
