Supreme Court Allows Withdrawal of FIRs Against NEET Protesters
Supreme Court's Clarification on NEET Protests
Police drag away a protester during the NEET protest at Jantar Mantar on July 20. (Photo:PTI)
New Delhi, Aug 3: On Monday, the Supreme Court clarified that the central government, along with the Delhi and other state administrations, has the authority to withdraw or dismiss FIRs filed against students involved in protests concerning the alleged NEET paper leak, as long as the individuals do not have serious criminal records.
A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, specified that the term "criminal antecedents" mentioned in their order from July 28 pertains solely to serious and heinous crimes.
This clarification followed concerns raised by petitioners who argued that the term was ambiguous and could negatively impact students charged in less severe cases during the nationwide protests.
At the beginning of the session, Solicitor General Tushar Mehta informed the court that the Union government is dedicated to not pursuing legal action against student demonstrators, except for those with serious criminal backgrounds.
Mehta noted that FIRs against over 2,700 individuals with such records would remain active.
During the proceedings, senior advocate Gopal Sankaranarayanan claimed that law enforcement had employed excessive force against protesters, including children of legal professionals.
"The footage is quite alarming. We have submitted 300 videos to the court. Given the directives from higher authorities, the Commissioner of Police should review all of this," he stated.
He further accused individuals not in police uniforms of participating in the alleged abuses and requested the court to instruct the Delhi Police Commissioner and the Director General of the Rapid Action Force (RAF) to clarify the use of force, including the deployment of pellet guns, during the protests.
The case is scheduled for further discussion on August 18.
The petitions presented to the Supreme Court allege that police used excessive force against students protesting across the nation starting July 20, in response to the alleged NEET paper leak and other examination-related issues.
These petitions cover incidents reported from various states including Delhi, Assam, Bihar, West Bengal, Uttar Pradesh, Madhya Pradesh, Maharashtra, and Kerala. Additional petitions have been filed on behalf of injured police officers and journalists.
In its order from July 28, the Supreme Court had mandated the release of student protesters under 18 years old who do not have criminal records.
It also suggested the possibility of forming a Special Investigation Team (SIT) to investigate claims of police misconduct during the protests.
The court had previously remarked that police brutality or lathi charges cannot be justified simply due to ongoing protests, underscoring that the right to peaceful assembly is "completely guaranteed."
The protests intensified following a march led by the CJP in Delhi on July 20, which resulted in clashes between demonstrators and law enforcement. Police resorted to using batons and tear gas to disperse protesters attempting to approach Parliament.