New Delhi: Days after the student protests led by the Cockroach Janata Party (CJP) ended, the Supreme Court on Tuesday directed all states to release protesters below the age of 18 who were detained or arrested, provided they have no criminal antecedents. The court also restrained authorities from taking any coercive action against student protesters while indicating that it may constitute a Special Investigation Team (SIT), headed by a former Supreme Court judge, to probe allegations of police excesses.
Hearing a batch of petitions alleging police brutality during demonstrations against irregularities in exams and the NEET paper leak, a bench headed by Chief Justice of India Surya Kant said a fair and independent probe on the matter was required.
"All states are hereby instructed to release children under the age of 18, who have been reported to be arrested or detained in connection with the ongoing protests and who do not possess any criminal antecedents," the bench directed.
It said if necessary, these children shall be released upon the execution of a simple bond by themselves or their family members, especially if such a requirement is insisted upon for surety.
During the hearing, the bench also comprising justices Joymala Bagchi and V Mohana observed, "Whosoever committed excesses, took law into their hands should be taken to task."
The bench took note of allegations such as the use of pellet guns, lathis embedded with nails, rubber bullets and electric batons on protesters resulting in severe life-threatening injuries to several students and young women.
It directed that Delhi government and other states may proceed with the investigation of the FIRs registered but no coercive measures shall be taken against the protesting students.
"Such protection, nonetheless, shall not be extended to the persons with criminal antecedents," it clarified.
Noting that the bench is mulling an independent, transparent and thorough probe into all allegations by a task force, the bench said a probe is also required to ascertain the attacks on 250 policemen and whether they were by students or some "miscreants". "Be that as it may, the allegations made by the petitioners, prima facie, establish a compelling case for an independent and impartial investigation into the incidents of violence. Such an investigation will adequately address the allegations presented by the family members of the police personnel, as well as the issues raised by the Solicitor General of India," the bench said.
While posting the matter for further hearing on August 3, the top court said in the interest of justice it is giving an opportunity to the Centre and the states concerned to place their versions on record before it considers constituting an independent committee or a Special Investigation Team (SIT).
The top court issued notices to Maharashtra, Bihar, Assam, Uttar Pradesh, Madhya Pradesh, West Bengal and Kerala and asked their advocates general to appear online on the next date of hearing. The bench issued a slew of interim directions to 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.
"Although it has already been stated at the bar by the Solicitor General of India, on instructions, we also, as an abundant precaution, direct that all CCTV footage, drone footage, body-worn camera recordings, videography, wireless communication records, and PCR lodge collections related to the students' protest be preserved," it directed.
It also ordered the police authorities to ensure that the personal information and digital data of the protesters, collected during the students' protests, are preserved and are not disclosed to the public domain for the time being.
The bench emphasised that the authorities may not publish any public data/details of the protesters, especially students.
"The NCT of Delhi and other states may proceed with the investigation of the FIRs registered; however, no coercive measures shall be taken against the protesting students. Such protection, nonetheless, shall not be extended to the persons with criminal antecedents," it ordered.
After hearing arguments for various parties, the bench said, "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 law must take its course once there is violation of "defined protocol", the apex court said, adding that it will disclose details of the composition of the SIT at a later stage.
The CJI said time has come to collate all legal principles formulated by the courts over the period of time and uniform protocols should now govern the situation of protests.
Taking note of the submissions of lawyers of victims, the bench said a fair probe on protesting NEET students was required.
"Once there is violation of defined protocol, law must take care of it," the bench said.
Solicitor General Tushar Mehta said students will not indulge in violence against police personnel but some "miscreants" were involved in violent incidents.
The Cockroach Janta Party (CJP)-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 protests escalated and spread to several other states.
The protesters were demanding the resignation of Union Education Minister Dharmendra Pradhan over the NEET paper leak issue.
The agitation ended on July 25 with Pradhan's resignation and the government agreeing to the demand for compensation to the families of those who had ended their lives and no FIRs against the protesters.