SC to set up panel to examine police action during student protests

The Supreme Court on Aug 18 said it would constitute a high-powered committee to examine allegations of police excesses against student protesters during demonstrations held in Delhi and several other states last month.

A three-judge Bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana said the panel would include a former Supreme Court judge, a former High Court judge, a former Director General of Police and a former CBI director.

The court said it would pass an order on the constitution of the committee on Aug 19 after considering suggestions from the parties on its composition and mandate.

It said video footage and CCTV recordings of the violence during the July 20 Parliament march in Delhi would be handed over to the committee for examination. The panel will also look into complaints and allegations made by female protesters who claimed they were targeted during the protests.

During the hearing, the bench also indicated that it may exercise its powers under Article 142 of the Constitution to quash FIRs registered against student protesters. The Solicitor General Tushar Mehta was asked to provide details of the FIRs involving the students.

Mehta told the court that police had identified 2,873 people with serious criminal cases involving offences such as murder, rape and abduction. He said FIRs against other student protesters could be quashed, while cases involving people with serious criminal backgrounds should be examined separately.

The court emphasised the right of students to protest peacefully under Article 19 of the Constitution. The Chief Justice said the future of thousands of students was involved and that cases against students who participated peacefully should be distinguished from those involving persons accused of serious criminal offences.

The hearing also covered allegations concerning women protesters. Lawyers appearing for the protesters raised complaints about alleged sexual harassment, threats and the use of force by police personnel. They also referred to video evidence and alleged use of facial recognition technology during the protests.

The Delhi and Bihar Police have filed affidavits denying allegations of excessive use of force. Delhi Police has maintained that the July 20 protest escalated into violence and that its personnel exercised restraint while dealing with the situation.

The petitions before the Supreme Court relate to protests held from July 20 onwards over alleged examination paper leaks and other irregularities. They cover incidents in Delhi, Assam, Bihar, West Bengal, Uttar Pradesh, Madhya Pradesh, Maharashtra and Kerala.

At an earlier hearing, the Supreme Court had directed authorities to preserve CCTV and drone footage, body-worn camera recordings, videography, wireless communication records and PCR logs relating to the protests. It had also directed authorities to protect the personal and digital information of protesters from disclosure.

The court had further said that no coercive action should be taken against protesting students without criminal antecedents while allowing states to continue investigations into FIRs registered during the protests. It had also directed that children below 18 years detained or arrested in connection with the protests be released if they had no criminal antecedents.

The Supreme Court had earlier clarified that states could close or withdraw FIRs against students involved in the protests in accordance with law.

The clarification followed concerns over an earlier order that could have affected the withdrawal of cases against student protesters.