Srinagar, Jul 28: The Supreme Court on Tuesday directed states to immediately release minors and students without criminal antecedents detained during recent protests at Jantar Mantar and elsewhere over the NEET controversy, while calling for a “thorough, fair and impartial” investigation into allegations of violence and police excesses.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana clarified that the interim protection would not extend to “anti-social elements” or persons with criminal records.
The court issued notices to the Centre and the chief secretaries of Delhi, Maharashtra, Bihar, Assam, Kerala, West Bengal, Madhya Pradesh and Uttar Pradesh, observing that allegations of police excesses as well as violence against police personnel warranted an independent probe.
The petitions concern protests over the NEET controversy, including the July 20 “Sansad Chalo” demonstration at Jantar Mantar in Delhi and subsequent protests across several states.
The bench observed that peaceful protests are protected under the Constitution, but said allegations concerning the use of pellet guns, electric batons and lathi charges, besides assaults on women protesters and media personnel, required examination. It also took note of claims that more than 200 police personnel were injured during the protests.
Solicitor General Tushar Mehta, appearing for the Centre and Delhi Police, told the court that the government had no objection to an independent investigation and said violence against both students and police personnel should be examined.
The court also indicated that it was considering constituting a high-powered committee to investigate incidents in Delhi and other states.
As an interim measure, the bench directed authorities to preserve CCTV footage, drone recordings, body-worn camera footage, wireless communication records and PCR calls related to the protests. Police were also directed to preserve protesters’ digital data while refraining from making their personal information public.
The matter will be heard again next Monday, when the Centre and the concerned states are expected to file their responses.
