Daijiworld Media Network - New Delhi
New Delhi, Jul 28: The Supreme Court on Tuesday directed an independent investigation into the violence that erupted during recent student protests in Delhi and several other states, while ordering the immediate release of all minors arrested during the demonstrations and restraining police from taking coercive action against protesting students or making their personal details public.
A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, clarified that the interim protection would not apply to anti-social elements or individuals with criminal antecedents.
The court issued notices to the Union government and the chief secretaries of Delhi, Maharashtra, Bihar, Assam, Kerala, West Bengal, Madhya Pradesh and Uttar Pradesh, observing that allegations of police excesses as well as attacks on police personnel warranted a thorough, fair and impartial investigation.
"The allegations by petitioners make out a prima facie case for an independent probe," the bench observed, adding that the inquiry should also examine complaints made by families of injured police personnel.
The order came while hearing a batch of petitions alleging excessive use of force during protests over the NEET examination controversy, including the July 20 "Sansad Chalo" march in Delhi and subsequent demonstrations in several states.
During the hearing, the bench reaffirmed that peaceful protests are protected under the Constitution.
"It was completely a peaceful protest by students raising demands. Such a protest is permissible and protected under the Constitution," the Chief Justice observed, while cautioning that peaceful demonstrations could be infiltrated by disruptive elements.
"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 bench remarked.
The court took note of allegations involving the use of pellet guns, electric batons, lathi charges, assaults on women protesters and media personnel, and claims that police personnel in civilian clothes participated in the 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 bench said.
At the same time, the court acknowledged allegations that more than 200 police personnel were injured during the protests.
Solicitor General Tushar Mehta, appearing for the Centre and Delhi Police, told the court that the government had no objection to an independent investigation.
"If students have suffered in any manner, perpetrators have to be brought to book," Mehta submitted, while also urging that attacks on police personnel be investigated. He suggested that anti-social elements may have infiltrated the demonstrations and said he did not believe students themselves had engaged in violence.
Agreeing that both sets of allegations required scrutiny, the bench stressed the need for a scientific and evidence-based investigation rather than drawing premature conclusions.
"There is always a danger of discrediting a peaceful movement," the court observed.
The bench also indicated that it was considering constituting a high-powered committee to investigate incidents of violence beyond Delhi.
"We are contemplating a high-powered investigating committee which could also look into incidents of violence outside Delhi," it said.
The court further indicated that it may revisit its earlier guidelines on police handling of public 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," the bench observed, inviting suggestions from stakeholders regarding the permissible use of tear gas and other crowd-control measures.
As an interim measure, the Supreme Court directed authorities to preserve CCTV footage, drone recordings, body camera footage, wireless communication records and PCR call logs related to the protests. It also ordered police to preserve digital data collected from protesters while refraining from releasing any personal information in the public domain.
The matter has been posted for further hearing next Monday, when the Centre and the concerned states are expected to file their responses before the court.