Supreme Court Orders Release of Minor Protesters Amid NEET Paper Leak Protests
Supreme Court's Directive on Student Protesters
Security personnel resorting to lathi-charge during 'Sansad Chalo' protest in New Delhi, on July 20. (Photo:PTI)
New Delhi, Jul 28: On Tuesday, the Supreme Court mandated the release of student protesters under 18 years old who have no prior criminal records. The court also hinted at forming a Special Investigation Team (SIT) to investigate claims of police misconduct during the nationwide protests related to the NEET paper leak.
During the hearing of multiple petitions alleging police violence, a bench led by Chief Justice of India (CJI) Surya Kant issued interim orders, noting that the claims against law enforcement warranted a thorough and impartial investigation.
"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," CJI Kant stated.
The bench, which included Justices Joymalya Bagchi and V Mohana, instructed authorities to refrain from taking any coercive measures against the protesting students. However, it clarified that this protection does not apply to individuals with criminal backgrounds.
Additionally, the court ordered all states where protests occurred to maintain electronic and digital evidence related to the events, including CCTV footage, drone recordings, body-camera footage, and Police Control Room (PCR) logs.
It also directed that any digital data collected on protesters be preserved but kept confidential.
The bench requested responses from the chief secretaries of Delhi, Maharashtra, Bihar, Kerala, Madhya Pradesh, and Uttar Pradesh regarding the allegations presented in the petitions.
The Supreme Court indicated it would consider establishing an independent committee or SIT after reviewing the responses from the Centre and the relevant state governments.
At the beginning of the hearing, the bench questioned the absence of an independent investigation into the allegations against the police.
"Whosoever committed excesses, took law into their hands should be taken to task," the bench remarked, emphasizing that the law must be enforced wherever there has been a breach of the "defined protocol."
The court also stated that the inquiry should investigate the circumstances surrounding the injuries of over 200 police personnel and determine if the violence was instigated by protesting students or by "miscreants" who allegedly infiltrated the protests.
Solicitor General Tushar Mehta, representing the Centre, argued that students typically do not engage in violence against police officers.
He claimed that individuals with criminal histories, including those involved in serious offenses, had infiltrated the protests and incited violence.
These remarks followed the Supreme Court's reaffirmation of the constitutional right to peaceful protest, stating that such actions cannot justify police brutality or lathi charges.
In related news, officials reported that the Rapid Action Force (RAF) deployed various non-lethal munitions to disperse protesters near Jantar Mantar during the march on July 20.
According to police records, the force utilized 55 non-electrical shells, 15 electrical shells, five tear-smoke grenades, and two rounds from anti-riot guns under the direction of a Delhi Police Deputy Commissioner.
The use of plastic pellets has sparked further controversy, with the Opposition calling for a statement from Union Home Minister Amit Shah in Parliament regarding the police's actions.