The Supreme Court of India said Tuesday it will establish a high-powered committee to investigate allegations of police excesses against student protesters during the July 20 Cockroach Janta Party (CJP)-led march in Delhi.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana said the proposed panel would include retired judges, a former director general of police, a former CBI director and other members. A formal order constituting the committee is expected Wednesday after the court receives suggestions from the parties regarding its composition.
The court said video footage and CCTV recordings related to the violence during the July 20 march toward Parliament would be handed over to the committee for examination. The panel will also investigate complaints made by female protesters who alleged they were targeted during demonstrations in Delhi and elsewhere.
The bench also asked Solicitor General Tushar Mehta to provide details of FIRs registered against student protesters that could potentially be quashed. The court indicated it may consider exercising its extraordinary powers under Article 142 of the Constitution to resolve the cases.
Emphasizing the impact of criminal proceedings on young protesters, the bench said students have a future ahead of them and possess a constitutionally protected right to protest under Article 19.
The remarks came as the court considered opposition to quashing cases against students without requiring them to first apologize for their conduct during the demonstrations.
Mehta told the court that police had identified more than 2,800 alleged “anti-social elements” with previous involvement in serious offences who were believed to have contributed to the violence during the July 20 protest.
Earlier, on August 3, the Supreme Court clarified that its reference to protesters with “criminal antecedents” applied only to individuals previously involved in grave or heinous offences. It said states could consider closing or withdrawing cases against other students in accordance with the law.
The clarification followed a submission from the Centre indicating that authorities were prepared not to pursue cases against students who participated in protests over the NEET examination paper leak, including those involved in the July 20 Parliament march, provided they did not have serious criminal backgrounds.
The Supreme Court had previously stressed that police action such as the use of lathis could not be justified solely because an agitation was taking place. It also underlined that citizens have a constitutionally protected right to engage in peaceful protest.
The July 20 demonstration, led by the CJP, resulted in clashes between protesters and security personnel as crowds attempted to move toward Parliament. Police used lathis and tear gas to disperse demonstrators.
The proposed committee will now examine the circumstances surrounding the clashes, including allegations of excessive police force and the treatment of protesters, while the Supreme Court considers the future of criminal cases registered against participating students.
