(Photo) Courtesy : Deshabhimani
New Delhi, 18 August—In a significant development likely to have negative bearing on the Modi government, the Supreme Court today said that a high-level committee, comprising a retired CBI DG and a former DGP of state, will be formed to look into the allegations of police excesses during the recent Cockroach Janta Party-led students’ protest at Jantar Mantar.
Asking for suggestions from different parties on other members to be included in the proposed high-powered committee by this evening, a Bench led by Chief Justice of India Surya Kant said an order to this effect would be released on Wednesday.
CJP co-convener Saurav Das said the organisation would accept the Supreme Court’s decision to constitute a committee, but insisted that its members should be demonstrably independent and have an unimpeachable record.
Hearing a batch of pleas seeking a court-monitored investigation into the alleged police brutality, a Bench of Chief Justice of India (CJI) Justice Surya Kant and also comprising Justice Joymalya Bagchi and Justice V Mohana said that the committee will look into the allegations concerning sexual assault and online harassment of female protestors and victimisation of other vulnerable persons through social media.
The Bench said it would direct the handing over of video footage and CCTV recordings of the violence during the July 20 Parliament march in the national capital to the panel for examination even as the Delhi Police denied using excessive force during the protest.
A purported video that went viral on social media showed a policeman allegedly shoving a stick into a female protestor’s buttocks, triggering massive outrage.
The alleged use of pellet guns had also sparked nationwide outrage over the alleged disproportionate use of force by the police.
“Whosoever is responsible, there can be no excuse and no justification. It must be taken seriously and taken to its logical conclusion. That is why we are constituting a high-powered committee. The committee will look into each and every aspect of these matters,” CJI Surya Kant said.
The Bench said that the apex court will provide all necessary infrastructure facilities to the committee and necessary legal actions will be taken based on its recommendations.
“We are quite sure that the committee will give an immediate voice and audience to any victim who approaches it. We will await the recommendations which the committee will make from time to time, and the necessary legal consequences must follow,” the Bench said.
The top court has obtained the consent of a retired DG of CBI and former DGP of state who will be part of the high-level committee.
“We will also provide assistance to committee. We have obtained consent of a retired DG of CBI and a former DGP of state who has nothing to do with this…, the Bench said.
CJI Surya Kant also asked the counsels to let the court know whom they want in the committee out of the two.
Out of these 2, you tell us who you want included in committee? We are not disclosing name in court. Both are outstanding,” the CJI told the counsels.
Alleging that ‘history-sheeters’ infiltrated July 20 protest in which 240 cops injured, Solicitor General Tushar Mehta told the Bench that except for 2,873 individuals, who have grave cases involving grievous offences of murder, rape, abductions etc, the cases against others can be quashed.
“FIRs against student protestors must be quashed. How to do… your Lordships can decide. Anti-social elements who infiltrated (the protest) have to be probed,” Mehta told the Bench.
On behalf of a petitioner opposing the withdrawal of cases against protesters, advocate Rizwan Ahmed said the students should file affidavits expressing remorse before cases against them were withdrawn. Under the BNSS, there were only two categories of protests — lawful and unlawful, and since the July 20 Parliament march was unlawful, the protesters cannot escape liability, he argued.
Rizwan’s arguments were opposed by senior advocates Menaka Guruswamy, Gopal Sankaranarayanan, N Hariharan, Shadan Farasat and advocate Vrinda Grover. Referring to the Delhi Police affidavit, Sankaranarayanan said they have admitted that officers in plainclothes and without name tags used force against protesters.
The top court, however, stressed the impact of the criminal cases on students, noting that they have a future ahead of them and a constitutionally protected right to protest under Article 19. “It’s a question of the life and future of innocent students… they have legitimate expectations from the system,” the CJI noted.
“Criminality has to be seen with the object and purpose for which students gathered there. Let’s not forget their right under Article 19. So long as you don’t violate the law and raise your voice peacefully, those cases are completely distinguishable from cases of hardened criminals,” CJI Kant said.
Meanwhile, the Delhi Police strongly defended the use of force during the “Chalo Sansad” protest here on July 20, alleging the agitation was hijacked by “anti-social elements” and “history-sheeters”, resulting in a breakdown of law and order that left more than 240 police personnel injured. They said 92 of the people present at the site were involved in more than 10 criminal cases, of whom 47 were “history-sheeters”.
An affidavit filed by Deputy Commissioner of Police Sachin Sharma of the New Delhi district in response to petitions alleging excessive use of force against protesters said Delhi Police were willing to have their actions examined by a court-appointed panel.
Police resorted to force only after repeated warnings and attempts to prevent protesters from advancing towards Parliament were not heeded to, the Delhi Police submitted.
“The use of force by police can be gone into by a committee appointed by this Hon’ble Court and the Delhi police will fully cooperate with such Committee and provide all details necessary,” Sharma said.
Earlier, CJP spokesperson Das said if the Supreme Court believes that justice for the protesters and the country’s youth can only be ensured through a high-powered committee, then what can we say about that?
“That will be the Court’s decision. But for the Cockroach Janta Party, this youth-led movement, and the entire Gen Z and young generation, the demand is that the high-powered committee you constitute must be independent.
“The integrity of the people appointed to it must be unimpeachable, meaning they must meet very high standards. Their past record must also reflect a very high degree of independence. If you appoint people who already have a very big question mark over them, then we will not accept that.
“If this high-powered committee is being constituted, the whole country and the entire young generation will be watching that committee. They will be watching the Supreme Court. And this is the Supreme Court’s committee, not a Government of India committee. The Supreme Court is the last resort for all those who are victims, who are exploited and who face injustice. It is the last institution they can turn to,” Das said.
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