NEW DELHI, Aug 18: The Supreme Court on Tuesday said it would constitute a high-powered committee to examine allegations of police excesses against student protesters during demonstrations in Delhi.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said the order constituting the committee would be issued on Wednesday after considering suggestions from various parties on the members to be included.
The proposed panel will comprise retired judges, a former Director General of Police, a former CBI director and other members. It will also examine complaints raised by women protesters who allegedly faced police action during the demonstrations.
The court said video footage and CCTV recordings related to the violence during the July 20 Parliament march would be handed over to the committee for examination.
The bench also asked Solicitor General Tushar Mehta to provide details of FIRs registered against student protesters, including those that could potentially be quashed. The court indicated that it may exercise its powers under Article 142 of the Constitution to provide relief in appropriate cases.
“It is the life of students, which is at stake. We have to consider this. They have a future ahead. They have the right to protest under Article 19,” the bench observed while hearing arguments on the issue.
Mehta told the court that police had identified more than 2,800 “anti-social elements” allegedly involved in the violence and having criminal records for serious offences.
On August 3, the Supreme Court had clarified that its reference to “criminal antecedents” applied only to individuals involved in grave and heinous offences. It had said states could consider closing or withdrawing FIRs against other students in accordance with law.
The clarification followed the Centre’s submission that it was willing to consider not pursuing cases against students who participated in protests over the NEET examination paper leak, including the July 20 Parliament march, provided they had no serious criminal antecedents.
The court had earlier stressed that police excesses or lathi charges cannot be justified merely because an agitation is taking place, reiterating that the right to peaceful protest is guaranteed under the Constitution.
The July 20 march, led by the Cockroach Janta Party (CJP), witnessed clashes between protesters and security personnel as demonstrators attempted to move towards Parliament. Police used batons and tear gas to disperse the crowd.
