The Supreme Court has announced its decision to form a high-powered committee, led by a former Supreme Court judge, to investigate allegations of police misconduct against student protesters. This announcement was made on August 18, by a bench that included Chief Justice Surya Kant, Justices Joymalya Bagchi, and V Mohana. The bench noted that this committee would also include a retired Director General of Police and a former High Court judge.

Additionally, the court revealed that the consent of a former Director of the Central Bureau of Investigation and a retired DGP has been secured, ensuring that neither holds ties to any of the States implicated in the protests. The Supreme Court plans to issue a formal order regarding the committee’s constitution and function after evaluating all relevant factors.

The bench has invited the involved parties to submit written recommendations for the committee’s mandate and scope. An order defining the framework of the committee is expected to be issued on Wednesday, which will enable the panel to commence its work promptly.

Investigative Scope and Interim Reports

The committee is tasked with examining a wide array of issues linked to student protests across various regions of the country related to alleged examination paper leaks. These matters include claims of police violence, misconduct against security personnel, and incidents of sexual harassment directed at female protesters.

The court noted that the committee is empowered to report urgent issues as they arise without waiting for the completion of a comprehensive investigation. This means that interim reports may be submitted if pressing matters require immediate attention.

However, the Supreme Court specified that certain constitutional and legal aspects will remain within its jurisdiction, particularly those concerning facial recognition technology, surveillance issues, the right to privacy, and the fundamental right to personal liberty as stipulated in Article 21 of the Constitution.

Review of FIRs Against Student Protesters

The Supreme Court expressed its intention to consider the possibility of dismissing First Information Reports (FIRs) filed against student protesters involved in demonstrations regarding alleged examination paper leaks. The court urged States to identify FIRs that do not involve serious criminal activities against students and protesters.

The bench indicated a willingness to utilise its extraordinary powers under Article 142 of the Constitution to quash such cases, stressing that those concerning individuals with notable criminal backgrounds would be reviewed separately. The bench highlighted the significant impact that criminal charges can have on the future of young students.

This court session was prompted by a series of petitions alleging that police actions against students were excessive during protests held at Jantar Mantar and other locations across the nation, tied to the NEET examination paper leaks and the broader examination system. These protests included a hunger strike led by the Cockroach Janata Party and a march toward Parliament, which saw thousands advocating for systemic reform.

On July 20, a considerable number of students participated in a Parliament march calling for the resignation of Union Education Minister Dharmendra Pradhan, along with demands for comprehensive reform in the examination system. The protests escalated when demonstrators attempted to breach police barricades, leading to a police response that included the use of tear gas and lathi-charge, prompting further allegations of police brutality.

The Delhi Police have defended their actions, claiming that force was employed only after certain factions of the protesting crowd allegedly resorted to violence and stone-pelting. The Supreme Court’s establishment of the committee is expected to allow for an impartial investigation into the allegations surrounding these protests, with the panel’s framework likely to be finalised in Wednesday’s order.

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