SC orders independent probe into police action against student protesters in Delhi

NEW DELHI: The Supreme Court has ordered an independent probe into the alleged police action against students who protested against the NEET question paper leak. The court said a Special Investigation Team (SIT) will be constituted to investigate the incidents. The probe is likely to be supervised by a retired Supreme Court judge or a retired High Court judge. The order covers protests held in eight states, including Delhi, Bihar and Kerala. The court also directed the states to release those below 18 years of age who were arrested and have no criminal background.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana said students with no criminal record should not be arrested. However, it allowed investigations into the registered cases to continue. The court also ordered that notices be issued to the Central government and the Chief Secretaries of Delhi, Maharashtra, Bihar, Kerala, Madhya Pradesh, Assam, West Bengal and Uttar Pradesh, directing them to file affidavits. The Advocate General or Standing Counsel of the respective states has been asked to appear virtually when the case comes up for hearing again on August 3.

The Supreme Court said it will hear the responses of the Central government and other parties involved in the case. Chief Justice Surya Kant said the court found a prima facie need for an independent and impartial investigation after examining complaints filed by the protesters as well as the families of police personnel. He said the probe would examine all aspects of the incidents.

The court observed that peaceful protest is a constitutional right. It added that if innocent people were attacked, those responsible must be held accountable. The court is hearing several complaints, including allegations that police used pellet guns against students during a protest organised by the Cockroach Janta Party (CJP) in Delhi.

Meanwhile, the CJP criticised the Supreme Court's decision to allow investigations into the registered cases to continue. Party spokesperson Saurav Das said the order was contrary to the Centre's assurance that the cases would be withdrawn. He also questioned whether the Centre and BJP-ruled states would use the order against the protesters. Das noted that the Centre's counsel did not oppose the order during the hearing and warned that the party would resume its protests if the assurances were not honoured.

Court directs protection of protesters' privacy

The Supreme Court also directed that:

1. The personal information and digital data of students and other protesters must not be made public, and their privacy should be protected.
2. Police must preserve CCTV footage, drone recordings, wireless communication records and control room documents related to the protests.

'Hardened criminals infiltrated the protest'

Solicitor General Tushar Mehta told the court that police did not use excessive force during the CJP's Parliament march on July 20. He claimed that hardened criminals had infiltrated the protest and attacked police personnel, leaving 280 officers injured.

At the same time, Mehta said allegations that students were brutally assaulted could not be ignored. He added that police personnel were also victims of violence and that the truth should come out. The Centre, he said, supports an independent investigation headed by a retired judge.

Centre agrees to withdraw FIRs

The Centre and CJP representatives held talks until 1 a.m. on Tuesday and reached an agreement to withdraw FIRs registered in Bihar, Assam and Rajasthan in connection with the protests. Those taken into custody will also be released. Meanwhile, the National Human Rights Commission has taken suo motu cognisance of the violence during the Delhi protest.