The Supreme Court on Tuesday observed that protests are an integral part of a democracy as it heard petitions alleging police excesses against students demonstrating over the alleged NEET paper leak and other examination irregularities. The court also directed police in all states to ensure that digital data collected from protesters is preserved and not brought into the public domain.
At the outset of the hearing, the court also directed all states to release students below the age of 18 who were detained during the protests, provided they have no criminal antecedents.
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Hearing the matter, a bench led by Chief Justice of India Surya Kant said the Court was examining allegations of police violence, including claims of grievous injuries, pellet injuries, and assault on women, advocates and media persons. During the hearing, senior advocate Vrinda Grover referred to pellet injuries sustained by some protesters and urged the court to issue appropriate directions.
The bench observed that the allegations made out a prima facie case of commission of offences and said a prima facie case for an independent probe had been made out.
“Agitations in a democracy are bound to happen,” the bench observed, adding that once a uniform protocol governing protests and police action is put in place, “whoever has committed excesses and taken law in hand, and whoever has committed atrocities, they must be brought under the law.”
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Questioning the need for accountability, the Chief Justice remarked, “Why should there not be an independent probe into these allegations?”
The court indicated that it may constitute a Special Investigation Team (SIT) to ensure a fair, transparent and thorough probe into all incidents of violence. It also indicated that it may order the constitution of a High Powered Committee to investigate incidents in Delhi as well as other states.
At the same time, the bench noted that the probe should also ascertain the attacks on around 250 police personnel and determine whether those incidents were carried out by protesting students or by miscreants who may have infiltrated the demonstrations.
The court also noted that the police may contend that even peaceful protests are sometimes infiltrated by unruly elements, leading to violence.
Stressing that all stakeholders must assist the Court, Chief Justice Surya Kant said the time had come for all judicial principles formulated over the years to deal with situations involving police excesses to be collated. He added that the proposed all-India protocol governing protests and crowd-control measures would require minor modifications, as "things are not happening in the conventional manner also," and the issue needed to be addressed.
The Cockroach Janta Party-led march on July 20 in Delhi witnessed clashes between protesters and security personnel, who used lathis and teargas shells to disperse crowds attempting to move towards Parliament.
The protesters were demanding the resignation of Union Education Minister Dharmendra Pradhan over the NEET paper leak issue.
(With inputs from agencies)
