The Supreme Court on Thursday constituted a five-member High-Powered Enquiry Committee (HPEC), headed by former Supreme Court judge Justice R. Subhash Reddy, to investigate allegations of police excesses during student protests over alleged examination paper leaks, including the use of pellet guns, electric batons, lathi charges and tear gas, violence against women protesters, surveillance and the proportionality of crowd-control measures.
The committee will also examine allegations concerning medical assistance and compensation for victims, while considering claims by authorities of violence against police personnel and damage to public property.
The other members of the panel are 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 Director General of Police Dr L.R. Bishnoi.
The committee's mandate covers a broad range of allegations arising from student protests held in different parts of the country over alleged examination paper leaks. These include claims of excessive force by police, paramilitary forces and other security personnel, violence against security personnel and sexual harassment of women protesters.
The Supreme Court had on Tuesday indicated that the proposed panel would include a former High Court judge and a retired DGP. A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, said the consent of a former CBI Director and a former DGP, neither of whom was from any of the States involved in the matter, had been obtained.
The court had said it would issue a formal order after considering all aspects concerning the committee's composition and functioning.
The bench also said questions involving facial recognition technology, surveillance, privacy and the fundamental right to life and personal liberty under Article 21 of the Constitution would ultimately have to be decided by the Supreme Court itself.
The Supreme Court also indicated that it may examine whether FIRs registered against student protesters in connection with demonstrations over examination paper leaks could be quashed.
The bench said it could consider using its extraordinary powers under Article 142 of the Constitution for this purpose, while noting that cases involving individuals with serious criminal antecedents could be treated separately.
The bench emphasised the consequences criminal proceedings could have for young students, describing the issue as concerning "the life and future of innocent students".
On July 20, thousands of students took part in a Parliament march organised by the CJP, demanding, among other measures, the resignation of Union Education Minister Dharmendra Pradhan over alleged examination paper leaks and broader reforms in the examination system.
When protesters tried to move towards Parliament and breach police barricades in central Delhi, security personnel used tear gas and lathi-charge to disperse them.
Videos later circulated on social media, purportedly showing protesters being manhandled by police personnel, prompting allegations of excessive force.
The Delhi Police, however, defended its action, saying force was used only after sections of the protesting crowd allegedly became violent and engaged in stone-pelting.
