Guwahati: The Supreme Court on Tuesday said the violence reported during recent student protests in Delhi and several other states required a “thorough, fair and impartial” investigation. The court also ordered the immediate release of all minors detained during the demonstrations and directed authorities not to take coercive action against protesting students or disclose their personal information.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana clarified that the interim protection would not apply to anti-social elements or individuals with criminal antecedents.
The bench issued notices to the Union government and the chief secretaries of Delhi, Maharashtra, Bihar, Assam, Kerala, West Bengal, Madhya Pradesh and Uttar Pradesh, stating that allegations of police excesses, as well as claims of attacks on police personnel, required an independent inquiry.
“The allegations by petitioners make out a prima facie case for an independent probe,” the bench observed, adding that the investigation should also examine complaints filed by families of injured police personnel.
The directions 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 demonstrations held in several states.
During the hearing, the court 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. At the same time, the bench cautioned that peaceful gatherings could be infiltrated by “uninvited guests with agendas.”
“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 and lathi charges, as well as claims of assaults on women protesters, journalists and the participation of police personnel in civilian clothes.
“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, it acknowledged submissions that more than 200 police personnel had sustained injuries during the protests.
Appearing for the Centre and Delhi Police, Solicitor General Tushar Mehta said the government had no objection to an independent investigation.
“If students have suffered in any manner, perpetrators have to be brought to book,” Mehta told the court. He also sought an investigation into attacks on police personnel, suggesting that anti-social elements may have infiltrated the demonstrations and expressing the view that students themselves were unlikely to have engaged in violence.
The bench agreed that both sets of allegations deserved equal scrutiny.
“There is always a danger of discrediting a peaceful movement,” the court observed, stressing that the matter required a scientific, evidence-based investigation rather than conclusions based on preliminary allegations.
The Supreme Court also indicated that it was considering constituting a high-powered committee to investigate incidents beyond Delhi.
“We are contemplating a high-powered investigating committee which could also look into incidents of violence outside Delhi,” the bench said.
In addition, the court signalled that it may revisit its earlier rulings governing police management 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 stakeholders to suggest reforms on issues such as the use of tear gas and other crowd-control measures.
As an interim measure, the court directed authorities to preserve CCTV footage, drone recordings, body-worn camera footage, wireless communication records and PCR call records related to the protests. It also ordered police to retain digital records of protesters while ensuring that no personal information is made public.
The matter has been listed for hearing next Monday, when the Centre and the concerned states are expected to file their responses.