Supreme Court bars coercive action against student protesters, may set up SIT
THE JHARKHAND STORY DESK New Delhi, July 28: The Supreme Court on Tuesday indicated that it may constitute a Special Investigation Team…
THE JHARKHAND STORY DESK
New Delhi, July 28: The Supreme Court on Tuesday indicated that it may constitute a Special Investigation Team (SIT), headed by a retired Supreme Court judge, to probe allegations of police excesses and violence during student protests held across the country last week. The court also ordered the immediate release of students detained or arrested for participating in the demonstrations, provided they have no criminal antecedents.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana observed that the allegations of injuries to both students and police personnel warranted an independent and impartial investigation. Notices were issued to the Union government, the Delhi government, and the states of Assam, Bihar, West Bengal, Uttar Pradesh, Madhya Pradesh, Maharashtra and Kerala, seeking their responses on the proposed probe.
Interim Relief for Students, Evidence Preservation Ordered
As interim relief, the court directed authorities to release all detained students who do not have criminal antecedents. It also ordered the preservation of CCTV footage, drone recordings, body-worn camera footage, wireless communications and PCR logs related to the protests. Additionally, the court prohibited the publication of protesters’ personal information and digital data, while directing governments to ensure such information is preserved but not made public. It further restrained authorities from taking coercive action against students with clean records.
The case arises from multiple petitions alleging police brutality during nationwide student protests against examination paper leaks and alleged systemic irregularities in the education system. The bench also heard petitions filed on behalf of injured police personnel and media persons.
Petitioners Cite Police Excesses
During the hearing, Senior Advocate Gopal Sankaranarayanan, appearing for petitioner Shailendra Mani Tripathi, argued that the issue extended beyond Delhi and involved alleged police excesses across several states. He contended that established Supreme Court guidelines on crowd control were ignored and alleged that plainclothes personnel without identification participated in the violence.
The Chief Justice observed that peaceful protests are constitutionally protected but acknowledged concerns raised by both protesters and police. He noted that the allegations made out a prima facie case for an independent investigation and suggested that existing protocols governing police action during public demonstrations may require revision.
Senior Advocate Shadan Farasat highlighted the situation in Bihar, claiming that nearly 150 individuals, most of them minors, had been detained and that many had not been promptly produced before a magistrate. Other senior advocates referred to allegations including the use of shock batons, pellet guns, assaults on lawyers, and threats by police officials.
Centre Backs Court-Monitored Investigation
Appearing for the Union government, Solicitor General Tushar Mehta acknowledged that allegations of injuries to students were serious and stated that around 250 police personnel had also suffered injuries. He supported the court’s suggestion for an independent investigation under the supervision of a retired judge appointed by the Supreme Court.
The bench reiterated that the right to peaceful and lawful protest is constitutionally protected and emphasized the need for uniform national protocols governing police handling of demonstrations. It also indicated that it may examine whether adequate protective gear is being provided to police personnel deployed during large-scale protests.
What the Petitions Seek
One of the petitions, filed by Advocate Shailendra Mani Tripathi through Advocate-on-Record Chand Qureshi, seeks directions regulating police conduct during public protests, including restrictions on deploying plainclothes personnel for crowd control and an independent probe into the police action during the July 20 protest in Delhi. The plea alleges excessive use of force, unlawful detentions, assaults on protesters and gender-based misconduct by police personnel.
Another petition, filed by Rajya Sabha MP Manoj Jha, seeks directions to states and Union Territories to register FIRs in cases involving alleged police brutality and to conduct SIT-led investigations under judicial supervision. The petition also seeks preservation of social media videos and identification of personnel involved in crowd-control operations.
Next Hearing on August 3
The matter has been listed for further hearing on August 3.
