SC Orders Release Of Student Protesters With No Criminal Records; May Set Up SIT To Probe Police Excesses

CJP Protest: The Supreme Court on Tuesday ordered the immediate release of student protesters who are under 18 years of age with no criminal record, while noting that the police action on the protesters during NEET paper leak protests "warrants a fair and independent investigation". The top court, while hearing a batch of petitions against police brutality on students, also issued interim directions to the authorities.

"The allegations prima facie warrant consideration of a fair and independent probe, which must also address the concerns of families of over 200 injured police personnel," the CJI said.

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A bench headed by CJI Surya Kant and comprising Justices Joymalya Bagchi and V Mohana directed the authorities not to take any coercive action against the students across the country, but said that the "protection would not extend to persons with criminal antecedents."

The top court also allowed the Delhi government to continue the probe into FIRs but said no coercive action should be taken against eligible protesting students.

In its direction to state authorities, the apex court ordered all states where protests were held to preserve CCTV footage, drone recordings, body-camera footage, wireless communication records, PCR logs and other digital evidence about the protests.

CJI Surya Kant further asked the Centre and the chief secretaries of Delhi, Maharashtra, Bihar, Kerala, Madhya Pradesh and Uttar Pradesh to file their responses on the allegations before it forms an SIT "to ensure a fair, transparent and thorough probe into all incidents of violence during the protests."

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SC Hints At Setting Up SIT To Probe Police Excesses

During the hearing today, the top court also hinted at forming a Special Investigation Team (SIT) to probe the violence and police excesses during the NEET paper leak protests across the country and to ensure a fair, transparent and thorough investigation.

At the outset, the bench, also comprising Justices Joymalya Bagchi and V Mohana, asked why there should not be an independent probe into the allegations. "Whosoever committed excesses, took law in their hands should be taken to task," the CJI said.

Taking note of the submissions of lawyers, the bench said a fair and independent probe into all allegations related to police excesses on protesting NEET students was required. "Once there is violation of defined protocol, law must take care of it," the bench said.

The CJI said that the bench is mulling an independent, transparent and thorough probe into all allegations. A probe is also required to ascertain the attacks on 250 policemen and whether they were by students or some "miscreants", the court said.