New Delhi: The Supreme Court on Tuesday said a Special Investigation Team (SIT) may be set up to ensure a fair, transparent and thorough probe into all incidents of violence during the recent student protests. The law must take its course once there is violation of "defined protocol", the apex court said.
Dealing with a batch of pleas alleging police excesses against students protesting irregularities in exams and the NEET paper leak across the country, a bench headed by Chief Justice of India Surya Kant referred to many incidents of violence.
At the outset, the bench, also comprising Justices Joymalya Bagchi and V Mohana, asked why there should not be an independent probe into the allegations.
“Whosoever committed excesses, took law in their hands should be taken to task,” the CJI said.
Taking note of the submissions of lawyers, the bench said a fair and independent probe into all allegations related to police excesses on protesting NEET students was required.
“Once there is violation of defined protocol, law must take care of it,” the bench said. The CJI said that the bench is mulling independent, transparent and thorough probe into all allegations.
A probe is also required to ascertain the attacks on 250 policemen and whether they were by students or some "miscreants", the court said.
Solicitor General Tushar Mehta said students will not indulge in violence against police personnel, but some miscreants are involved in the incidents. Miscreants involved in murder, rape and NDPS cases entered the protest and perpetrated violence on police personnel, he added.
Supreme Court orders release of protesters below 18 with no criminal record
The Supreme Court on Tuesday also 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.
The bench 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 union government 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.
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.
(With inputs from PTI)
