The
Supreme Court on Tuesday directed authorities not to take any coercive action
against persons who participated in the recent student protests led by the
Cockroach Janata Party (CJP), while making it clear that the protection would
not apply to individuals with criminal antecedents.
A
Bench comprising Chief Justice of India Justice Surya Kant, Justice Joymalya
Bagchi and Justice V Mohan also ordered the immediate release of all detained
minors across the states where the protests took place. It further directed
police authorities not to disclose or publish the personal or digital data of
protesters.
Observing
that the allegations of excessive use of force by police, at first glance,
warranted an impartial inquiry, the Court indicated that it would consider
constituting a high-powered committee to investigate the incidents.
Before
taking that step, however, it granted the Union government, Delhi Police and
other affected states an opportunity to place their version on record.
Notice
was issued to the Chief Secretaries of Delhi, Maharashtra, Bihar, Kerala,
Madhya Pradesh and Uttar Pradesh.
The
Bench also directed the preservation of all evidence relating to the protests,
including CCTV footage, drone recordings, body-camera footage, PCR calls,
wireless communications and other electronic records.
During
the hearing, the Court took note of allegations that security personnel had
used pellet guns, rubber bullets, electric batons and lathis embedded with
nails against protesters, resulting in serious injuries, including the alleged
loss of eyesight of one student.
It
also recorded allegations that police personnel in civilian clothes had been
deployed during the demonstrations.
At
the same time, the Bench noted Solicitor General Tushar Mehta's submission that
anti-social elements and persons with criminal backgrounds had infiltrated the
protests and assaulted police personnel.
The
Court observed that while peaceful protests are an essential feature of
democracy, the existing judicial framework governing such demonstrations may
require revisiting.
It
said an effective mechanism was needed to respond to large-scale public
protests while balancing the rights of protesters and law enforcement.
The
matter arose from a batch of petitions seeking nationwide guidelines to
safeguard peaceful protests following allegations of police brutality during
demonstrations at Delhi's Jantar Mantar and in Bihar.
Other
petitions sought action against protesters accused of attacking police
personnel.
Senior
Advocate Gopal Sankaranarayanan urged the Court to ensure accountability for
alleged police excesses and sought an independent investigation.
Senior
Advocate Shyam Divan referred to incidents in Maharashtra, including
allegations of threats by a police officer and the use of electric batons,
while Senior Advocate Shadan Farasat submitted that around 150 people, many of
them minors, remained in custody in Bihar despite the state's announcement that
it would withdraw the FIRs.
Supporting
an impartial inquiry, Mehta told the Court that allegations of police excesses
could not be ignored, but stressed that attacks on police personnel also
required investigation. He urged the Court to allow the government to place the
factual record before any committee was constituted.
The
matter is scheduled for hearing next week.