The Supreme Court on Tuesday directed the release of students who were arrested or detained during the recent nationwide student protests, provided they have no criminal antecedents, while also signalling
that an independent investigation may be necessary into allegations of violence involving both protesters and police personnel.
Hearing a batch of petitions alleging police excesses during protests over examination-related issues, including the NEET paper leak, a bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued a series of interim directions aimed at protecting the rights of students and preserving evidence.
Among the key directions, the court ordered the release of all students arrested or detained solely for participating in the protests, provided they do not have any criminal antecedents.
It further directed that no coercive action be taken against such students.
The court also directed authorities to preserve all CCTV footage, drone recordings, body-worn camera footage, wireless communication records and PCR logs connected with the incidents.
In addition, it ordered that the personal information and digital data of student protesters be protected and not placed in the public domain for the time being.
During the hearing, the bench observed that the allegations placed before it made out a prima facie case for a fair and independent investigation.
It sought responses from the Union government and the states of Assam, Bihar, West Bengal, Uttar Pradesh, Madhya Pradesh, Maharashtra and Kerala, while indicating that a Special Investigation Team (SIT), headed by a retired Supreme Court judge, may be constituted to ensure a transparent probe into the incidents.
The Chief Justice noted that the petitions referred to allegations including the use of shock batons, pellet gun injuries, assaults on lawyers, violence by police personnel allegedly in civil clothes, and injuries suffered by a 19-year-old girl.
At the same time, the court also took note of petitions filed on behalf of injured police personnel, observing that an independent investigation would ascertain responsibility wherever excesses had occurred.
Solicitor General Tushar Mehta told the court that if students had indeed been attacked, it was a serious matter that the government could not ignore.
He also informed the bench that around 250 police personnel were injured during the protests and suggested that anti-social elements may have infiltrated the demonstrations.
The Solicitor General agreed to the court’s proposal for an independent probe under the supervision of a retired judge appointed at the court’s discretion.
The petitions before the Supreme Court relate to protests that began on July 20 over alleged irregularities in examinations, including the NEET paper leak.
Petitioners alleged excessive use of force, large-scale detentions and violations of established crowd-control protocols, while seeking an independent inquiry into the police action.
Earlier in the proceedings, the court had reiterated that the right to peaceful and lawful protest is constitutionally protected and observed that an agitation, by itself, cannot justify excessive use of force or a lathi-charge.
