Supreme Court sets up panel to examine police excesses during Delhi student protests
The Supreme Court has formed a five-member high-powered committee headed by Justice R Subhash Reddy to examine allegations of police excesses during Delhi student protests and violence against security personnel. The panel will submit periodic findings and recommend further action
New Delhi: The Supreme Court has formed a five-member high-powered committee headed by former top court judge Justice R Subhash Reddy to examine allegations of police excesses against student protesters in Delhi recently and violence against police personnel.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said the committee would also comprise former Punjab and Haryana High Court Chief Justice Ravi Shankar Jha, former Delhi High Court Judge Justice Shalinder Kaur, former CBI director Rishi Kumar Shukla and retired Meghalaya DGP L R Bishnoi.
The committee has been asked to examine use of excessive force and violence against protesters by police, including the deployment of pellet guns, as well as the alleged use of force and violence by protesters against police officials and other security personnel.
“This HPEC (High-Powered Enquiry Committee) has been constituted bearing in mind a wide variety of considerations, including the individual expertise and experience of each of its members, as well as the diversity of the committee, among other factors.
“We are confident that the recommendations of the HPEC will be of invaluable assistance to this Court, and the committee will be able to undertake a comprehensive assessment of all such issues as merit due contemplation,” the bench said in an order dated August 18 and uploaded on Thursday.
The top court clarified that as a matter of abundant caution, the enquiry undertaken by the HPEC shall not be a one-time exercise.
It asked the committee to undertake a continuous and periodic assessment of the issues and shall submit its interim findings periodically.
The apex court recommended that the HPEC should address certain issues on a priority basis, foremost amongst which is the matter relating to the alleged incidents of targeted violence, harassment and molestation of female protesters.
The HPEC may also examine issues about granting interim compensation to those injured on either side, whether police personnel or protesters, it said. The top court also asked the HPEC to submit a report on damage caused to public property resulting from the protesters’ actions during the demonstrations.
This includes the destruction of and injury to government installations, vehicles and other assets belonging to the State and to private citizens alike.
The injuries sustained by the police forces while discharging their duties, as well as the consequent mental and emotional trauma borne by their families, merit due recognition and consideration on a par with the grievances raised by the petitioners.
The apex court granted liberty to parties to approach the HPEC and submit such relevant material, documentary evidence, and suggestions as they may deem fit.
Liberty is also granted to complainants, representations and material to be provided anonymously so that the identity of the complainants and witnesses is protected, it added.
The top court also appointed advocates Ashima Mandla, Daksh Kadian and Astha Singh as nodal officers for better communication between parties.
The bench directed the police, paramilitary forces and other investigating agencies to preserve all CCTV footage, drone footage, body-worn camera recordings, videography, wireless communication records and PCR call logs pertaining to the student protests, furnish the entire record to the HPEC and extend their full cooperation.
“It is further clarified that the constitution of the HPEC by us shall in no way deter or debar the police authorities or other security forces from taking administrative or disciplinary action against such of their officers as may be found to be in contravention of the rules governing their conduct,” the bench said.
Regarding logistics and modalities governing the functioning of the HPEC, the top court directed the Centre to provide honorarium, perks and facilities to the chairperson commensurate to a sitting Supreme Court, including the provision of transit stay in New Delhi.
“The Members of the HPEC shall be paid such honorarium, for their valuable time and effort, as may be determined/suggested by the Chairperson, the funds whereof shall be provided by the Union of India. The HPEC shall employ a Member Secretary as may be chosen by the Learned Chairperson.
“Similarly, requisite secretarial assistance shall be made available by the Union of India forthwith as per the requirements of the HPEC. We request the HPEC to complete its inquiry and deliberations on the issues and submit its ‘First Interim Report’ at the earliest,” the bench said.
The order came on a batch of pleas alleging police excesses against student protesters during the agitation spearheaded by the Cockroach Janta Party (CJP) and allegations of violence against police personnel.
The CJP-led march to Parliament 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 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.
