Supreme Court to form committee to probe police conduct during Delhi student protests

The Supreme Court on Tuesday said it would constitute a high-powered committee to examine allegations of police excesses during recent student protests in Delhi. A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana will pass the order on Wednesday after receiving suggestions from the parties on other members to be included in the panel.

The bench further stated it will direct the authorities to hand over video footage and CCTV recordings of the violence during the July 20 Parliament march in Delhi to the committee for examination. The panel will also examine complaints and allegations made by female protesters who were reportedly targeted during the march and in other areas.

During the hearing, the bench asked Solicitor General Tushar Mehta, appearing for the Centre, to provide details of FIRs registered against student protesters that could be quashed, indicating that the court may exercise its plenary powers under Article 142 of the Constitution. “It is the life of students, which is at stake. We have to consider this. They have a future ahead. They have the right to protest under Article 19,” the bench told a counsel opposing the quashing of cases against student protesters without them tendering an apology.

On August 3, the Supreme Court clarified that the expression “criminal antecedents” in its order on the release of student protesters referred only to those involved in grave and heinous offences. It also clarified that states could close or withdraw FIRs against other students in accordance with the law. The clarification came after the Centre submitted that it was “serious” about not pursuing FIRs against students who participated in demonstrations over the NEET examination paper leak, including the July 20 Parliament march in Delhi, provided they did not have criminal antecedents.

The top court had earlier observed that police excesses or a “lathi charge” could not be justified merely because there was an agitation and underlined that the right to peaceful protest was “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.