In the absence of a criminal background, the Supreme Court on Monday advised the Delhi and other state governments that the first information reports (FIRs) registered by the police against students involved in the NEET protest could be closed or withdrawn.
A protest was recently held in Delhi by the Karappanpoochi Janata Party to condemn examination irregularities, including the NEET question paper leak, and to demand the resignation of Dharmendra Pradhan, who was then the Union Education Minister. The protesting students also held a march toward Parliament.
At that time, the police stopped them. This led to a scuffle between the two sides. The police then dispersed the protesters by resorting to baton charges and firing non-lethal weapons, including tear gas shells and rubber bullets. Many students were seriously injured in this. Some police personnel were also injured.
Following this, the protest spread across the country to Maharashtra, West Bengal, and Bihar. In those states too, the police took action against students involved in the protests, including baton charges and gunfire.
Numerous petitions were filed in the Supreme Court against this police crackdown. Likewise, petitions were also filed in the Supreme Court on behalf of the family members of police personnel injured in the protest.
These petitions came up for hearing on Monday before a bench comprising Chief Justice of India Surya Kant and Justices Jayamalya Bagchi and V. Mohana.
At that time, senior advocate Gopal Sankaranarayanan, appearing for the petitioners, said, ‘The children of lawyers who participated in the NEET protest were also subjected to police assault.
300 videos regarding police excesses have been submitted to the Supreme Court. They are extremely shocking. It has also been recorded that some people not in uniform were involved in attacking the students. The police must properly implement the Supreme Court’s order,” he argued.
Hearing this, the judges said, “In the absence of a criminal background, the First Information Reports (FIRs) registered by the police against students involved in the NEET protests may be closed or withdrawn by the Delhi and other state governments. The phrase ‘criminal background’ refers only to serious and heinous crimes,” they instructed.
Responding on behalf of the Central Government, Solicitor General Tushar Mehta said, “The Central Government is firm that FIRs registered against protesting students, except those with a criminal background, should not be considered. At the same time, the FIRs registered against 2,700 people with serious criminal backgrounds who took part in the protest will not be withdrawn.” Following this, the judges adjourned the hearing of the case to August 18.
Previously, when these petitions came up for consideration in the Supreme Court on July 27, the judges noted, “The right to protest peacefully is guaranteed. It cannot be denied. The fact that a protest took place cannot be used to justify the police’s excessive action.”
The Supreme Court also directed that consideration should be given to setting up an independent or special investigation team (SIT) to ensure a fair, transparent, and thorough inquiry into all incidents of violence, including police excesses.
