SC seeks report on pellet gun use, police excesses during July protest at Jantar Mantar in 2 weeks

The Chief Justice of India directed the Centre to ensure all basic facilities of office space, technological and electronic support, and secretarial assistance.

The Supreme Court on Friday directed the High Powered Enquiry Committee (HPEC) to submit an action taken report regarding the use of pellet guns, violence and harassment of female protestors, and excessive use of police force during the July protest at Jantar Mantar within two weeks.

A batch of petitions were filed over the alleged police excesses during the protests called by the Cockroach Janta Party (CJP) from July 20 until July 25. (HT Archive)

Hearing a batch of petitions on the alleged police excesses during the protests called by the Cockroach Janata Party (CJP) from July 20 until July 25, a bench headed by the Chief Justice of India further directed the Centre to ensure all basic facilities of office space, technological and electronic support, and secretarial assistance are provided at the earliest to enable the committee discharge its function.

Office space being set up

The committee headed by former Supreme Court judge, justice (retd) R Subhash Reddy submitted a report to the court on October 6 in a sealed cover stating that the office space is getting ready while requests for a server, an NIC portal for receiving complaints, secretarial staff and other basic requirements are still in the pipeline.

The CJI-led bench said, “We will expect a report from the HPEC on the action taken once the basic facilities are provided,” as the court asked solicitor general Tushar Mehta to ensure all necessary requirements are met “at the earliest”.

Senior advocate Monika Gusain appointed as amicus curiae to act on behalf of the HPEC informed the court that the portal will be ready by Tuesday and a member secretary for the committee has been appointed. The office space at Rouse Avenue is getting final touches as she indicated that once the portal is up, public notices will go out for receiving the complaints and suggestions from the stakeholders.

The bench, also comprising justices Joymalya Bagchi and V Mohana said, “We will take up this matter soon after the Dussehra break (ending on October 25). Once the portal is launched, the first action taken report (ATR) shall be submitted to this court in terms of our September 10 order.”

Issues under consideration

After the HPEC was constituted on August 18, the court on September 10 directed it to initially prioritise its report on four aspects. These include the use of excessive force and violence against protestors including the use of pellet guns, electric batons and tear gas; targeted violence and harassment of female protestors; provision of medical and other support to the injured protestors and compensation to victims of police abuse; and the injuries suffered by police personnel in the discharge of their duty.

The court told Mehta, “All the facilities that the committee has highlighted should be provided on a war footing. They are currently operating from a temporary place where they met on September 1. They need a server and the portal to be developed by NIC must ensure the confidentiality of those filing complaints or giving evidence is maintained.”

The court while forming the HPEC, had drawn out 12 issues for its consideration. These emanated from petitions filed in public interest on behalf of the protestors by civil society members accusing police of using excessive force against students and other protestors gathered at Jantar Mantar demanding resignation of then Union Education Minister Dharmendra Pradhan. Following his resignation, the protest was called off on July 25.

At the same time, the court also entertained a petition filed by the families of over 200 policemen who received injuries while discharging their duty. The court also referred their concerns to the HPEC.

The court order of August 18 specified the composition of the HPEC which includes former Punjab & Haryana high court chief justice, justice (retd) Ravi Shankar Jha; former Delhi high court judge, justice (retd) Shalinder Kaur; former CBI director Rishi Kumar Shukla; and former Meghalaya DGP LR Bishnoi.

In September when doubts were raised by the petitioners seeking a change in the composition of members in the HPEC, the court refused to entertain the same. The court said, “It must be understood by one and all that the HPEC has been constituted to assist this court with the highest standards of fairness and transparency and with a dispassionate approach. The HPEC is not created to espouse the causes of one or the other party before us.”