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SC bars coercive action against student protesters; directs release of minors
The court clarified that the interim protection would not extend to “anti-social elements” or persons having criminal antecedents
The Supreme Court on Tuesday held that the violence during the student protests in Delhi and states across the country warranted a “thorough, fair and impartial” investigation, while directing that minors arrested during the demonstrations be released immediately and restraining police from taking coercive action against protesting students or making their personal data public.
A bench led by Chief Justice of India (CJI) Surya Kant and comprising justices Joymalya Bagchi and V Mohana clarified that the interim protection would not extend to “anti-social elements” or persons having criminal antecedents.
Issuing notices to the Union government and the chief secretaries of Delhi, Maharashtra, Bihar, Assam, Kerala, West Bengal, Madhya Pradesh and Uttar Pradesh, the court said allegations of police excesses and violence against police personnel required an independent probe.
“The allegations by petitioners make out a prima facie case for an independent probe,” said the bench. It added that the proposed inquiry must examine complaints by families of injured police personnel.
The order came on a batch of petitions alleging excessive use of force during protests over paper leaks, including the July 20 Parliament march in Delhi and subsequent protests across states.
During the hearing, the bench observed that the protests were constitutionally protected so long as they remained peaceful. “It was completely a peaceful protest by students raising demands. Such a protest is permissible and protected under the Constitution,” observed the CJI. “In a peaceful protest there can be uninvited guests with agendas, and then they become co-hosts. So why should there not be an independent probe into all of this.”
The court noted allegations regarding the use of pellet guns, electric batons, lathi charges, assault on women protesters and media personnel, and claims that police personnel in civilian clothes participated in violence. “Use of pellet guns, electric batons and lathi resulting in life-threatening injuries are some of the issues... Excessive use of pellet guns is something that needs to be looked into.”
The court noted allegations that over 200 police personnel suffered injuries during the protests.
Solicitor General Tushar Mehta, appearing for the Union government and Delhi Police, said the government had no objection to an independent investigation. “If students have suffered in any manner, perpetrators have to be brought to book,” said Mehta. He urged that attacks on police be investigated.
Mehta suggested that anti-social elements may have infiltrated the demonstrations and said he did not believe students themselves would have engaged in violence.
The bench agreed that both narratives required examination.
“There is always a danger of discrediting a peaceful movement,” said the bench. It added that a “scientific and evidence-based probe” rather than prima facie conclusions was necessary.
The court indicated that it was considering constituting a high-powered committee to investigate incidents beyond Delhi. It said it may revisit its earlier jurisprudence governing police handling of protests. “The previous judgments with the passage of time may require some modifications...A time has come to collate all these principles and update them,” said the bench. It invited suggestions on changes regarding the permissible use of tear gas and other force-control measures.
As an interim measure, the court directed preservation of CCTV footage, drone recordings, body-worn camera footage, wireless communication records and calls relating to the protests. It ordered that police preserve digital data of protesters, but refrain from releasing any personal information in the public domain.
The matter will be heard next Monday, when the Union government and the states are expected to place their responses on record.
