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Supreme Court Halts Punitive Actions Against Student Protesters Amid NEET Exam Leak Controversy

The Supreme Court has intervened to protect student protesters from punitive actions following allegations of police misconduct during demonstrations related to the NEET exam leak. The court has ordered the release of minors without criminal records and emphasized the need for a thorough investigation into police actions. With interim directives issued to preserve digital evidence, the court aims to ensure a fair inquiry into the events surrounding the protests. As tensions rise, the court's ruling highlights the importance of upholding the right to peaceful protest while addressing concerns over police excesses. The situation remains dynamic as the court prepares to establish a task force for further investigation.
 

Supreme Court's Intervention in Student Protests

New Delhi, July 28 - The Supreme Court has intervened to prevent states from taking punitive measures against participants in recent student-led protests. The court ordered the release of individuals under 18 years old without a criminal record. This decision came during hearings regarding allegations of police misconduct amid nationwide protests related to the leak of the National Eligibility cum Entrance Test (NEET) question paper. The bench, comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohan, emphasized the need for a fair and independent investigation into the matter.


The court acknowledged reports of excessive force used by police, including the deployment of pellet guns, batons with nails, and electric batons, which resulted in severe injuries to several students and young women. The bench is considering establishing a task force to conduct a thorough and impartial inquiry into all allegations. It also highlighted the necessity to determine whether the attacks on 250 police officers were carried out by students or other 'troublemakers.'


Interim directives were issued to states where protests occurred, mandating the preservation of digital evidence such as CCTV footage, drone recordings, body camera footage, wireless communication records, and PCR entries related to the demonstrations.


The court ordered that any digital data collected from the protesters be securely stored but not made public. While protecting the protesting students from punitive actions, the court clarified that this protection does not extend to those with criminal records. The Delhi government was permitted to continue investigations based on registered FIRs, but it was also stated that no punitive actions should be taken while proceedings are ongoing.


The bench sought responses from the chief secretaries of Delhi, Maharashtra, Bihar, Kerala, Madhya Pradesh, and Uttar Pradesh regarding the allegations made in the petitions. The Chief Justice remarked that a fair and independent investigation should be conducted into these allegations, considering the concerns of the families of over 200 injured police officers.


Before contemplating the formation of an independent committee or Special Investigation Team (SIT), the court instructed the central and state governments to record their positions. The court asserted that the law would take its course in cases of protocol violations.


Additionally, the Supreme Court indicated that it would later provide detailed information regarding the structure of the SIT. The Chief Justice noted that it is time to consolidate all legal principles established by courts over time and regulate protest situations under uniform standards. The bench acknowledged the arguments presented by the victims' lawyers, emphasizing the necessity for a fair investigation into the protesting NEET students.


The court stated, 'When established protocols are violated, the law must take action.' Solicitor General Tushar Mehta, representing the central and Delhi governments, argued that students were not involved in violence against police officers, but some 'troublesome elements' were responsible for violent incidents. He mentioned that criminals involved in serious offenses had infiltrated the student protests and committed acts of violence against police personnel. Mehta affirmed that students had the right to peaceful protest.


He added, 'If students have suffered any harm, regardless of the allegations, those responsible must be held accountable. The government is prepared for any actions deemed appropriate by this court.'


The bench stated on Monday that police excesses or baton charges cannot be justified based on a movement. The Supreme Court also reiterated that the right to peaceful protest is constitutionally guaranteed.


A 'Chalo Parliament' march was organized in Delhi on July 20 by the Cockroach Public Party (CAZPA), leading to clashes between protesters and security personnel. Security forces used batons and tear gas to disperse the crowd attempting to advance towards Parliament. The protesters were demanding the resignation of Union Education Minister Dharmendra Pradhan over the NEET question paper leak.


Following an agreement with the government regarding their demands for Pradhan's resignation, compensation for families of students who lost their lives due to NEET, and no FIRs against protesters, the student demonstrators decided to withdraw their movement on Saturday.