New Delhi, 28 July—In an order supporting the right to protest, the Supreme Court today directed the release of student protesters who are under 18 and have no criminal records, and asked authorities to preserve electronic and digital evidence relating to the recent nationwide stir over the NEET paper leak.
A Bench headed by Chief Justice of India Surya Kant observed that allegations of police excesses against youthful protesters prima facie warrant a fair and independent investigation.
The Bench, also including Justices Joymalya Bagchi and V Mohana, directed all states where protests were held to preserve CCTV footage, drone recordings, body-camera footage, wireless communication records, PCR logs and other digital evidence pertaining to the protests.
It also ordered that any digital data collected on protesters be preserved but not brought into the public domain.
The Bench restrained authorities from taking any coercive action against protesting students, saying that the protection would not extend to persons with criminal antecedents.
The Bench permitted the Delhi government to continue investigations into FIRs registered but said no coercive action be taken against eligible protesting students during the pendency of the proceedings.
The Bench also sought responses from the Chief Secretaries of Delhi, Maharashtra, Bihar, Kerala, Madhya Pradesh and Uttar Pradesh to the allegations raised in the petitions.
“The allegations prima facie warrant consideration of a fair and independent probe, which must also address the concerns of families of over 200 injured police personnel,” the CJI said.
The Bench said the Centre and the concerned states have been directed to place their versions on record before it considers constituting an independent committee or a Special Investigation Team (SIT) to ensure a fair, transparent and thorough probe into all incidents of violence during the protests.
At the outset, the court asked why there should not be an independent investigation into allegations of police excesses. “Whosoever committed excesses, took law into their hands should be taken to task,” the Bench said.
On Monday, the Bench said an agitation cannot justify “police excesses” or a ‘lathi charge’. The Bench also said that the right to peaceful protest is absolutely guaranteed.
The Cockroach Janta Party-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.
The protesters were demanding the resignation of Union Education Minister Dharmendra Pradhan over the NEET paper leak issue.
Meanwhile, families of four Delhi Police personnel, who got injured in violence during the ‘Chalo Sansad’ march of the Cockroach Janta Party (CJP) last week, have approached the Supreme Court to seek guidelines to protect police officials on duty.
Sources said that the Modi government’s advisors are behind the move for countering the growing sympathy among people for the country’s youth who protested at Delhi’s Jantar Mantar. By raising the issue of Delhi Police personnel who were injured, the strategy planners of the ruling establishment want to create an alternative narrative favouring the law and order machinery personnel, a top source said.
According to reports, the four police personnel are ACP Kailash Singh Bisht, ASI Sandeep, Constable Dheeraj, and ASI Hemendar Rathi. All of them got injured while performing their duties during the students’ protest march to Parliament.
Their families have sought accountability and demanded action against those allegedly responsible for attacks on law enforcement personnel. In this regard, they have filed an intervention application in the apex court though Advocate-on-Record Venkata Raghuvamsy D.
The application seeks to intervene in the pending petitions challenging the alleged use of force by Delhi Police and Rapid Action Force (RAF) personnel against student protesters.
In their pleas, they have sought directions to fix accountability on those “responsible for instigating, abetting, and inflicting violence on law enforcing personnel”.
The petition states that police personnel deployed at Jantar Mantar and other areas in the national capital on July 20, 24 and 25 were attacked with stones, glass bottles, sharpened floor tiles and other objects.
The families of the four Delhi Police personnel have urged the Supreme court to direct the central government to come up with fresh guidelines to safeguard men and women in uniform from assault while discharging their duties.
Also, it seeks a declaration that police as well as other law enforcement personnel remain equally entitled to protection under Articles 14 and 21 of the Constitution.
Veteran Journalist and Political Commentator
