SC Uses Special Powers To Quash FIRs Against NEET Protesters, But With A Key Exception

The Supreme Court on Tuesday ordered the quashing of all FIRs registered against students who took part in the Cockroach Janta Party (CJP)-led protests across the country between July 20 and 25.

A bench of Justices Joymalya Bagchi and V Mohana invoked the court’s special powers under Article 142 of the Constitution to bring the criminal proceedings against the protesters to an end. The bench said the order was aimed at ensuring “complete justice”, particularly keeping in mind the future prospects of the young students.

The court widened the scope of its order after taking note of submissions made by Solicitor General Tushar Mehta.

However, the ruling does not completely close the door on further investigations. CJP Chief Spokesperson Saurav Das said the party had maintained that people with serious criminal antecedents should be investigated and prosecuted if they were found to have committed offences during the protests.

Das said the Supreme Court had permitted Delhi Police to register a separate, fresh FIR to investigate around 2,800 individuals identified through facial recognition technology.

“Regarding the Delhi Police’s apprehension, based on facial recognition technology, that around 2,800 alleged hardened criminals were present at the protest site, we argued during negotiations with the government that if these 2,800 hardened criminals were indeed present, the first question was why they were roaming freely in society in the first place,” Das said.

He added that anyone found responsible for serious offences such as rape, murder or other grave crimes should be investigated and prosecuted.

DELHI POLICE SOUGHT FRESH FIR

The Supreme Court had earlier agreed to hear a plea by Delhi Police seeking the quashing of 13 FIRs registered against students who participated in the protests. The police had also sought permission to register a fresh case against 2,873 individuals.

In its application, Delhi Police said it no longer wanted to pursue the 13 FIRs in view of the Centre’s decision on July 25.

The police claimed that 2,873 individuals with serious criminal antecedents, based on National Crime Records Bureau data, were prima facie present at the protest site. It sought permission to investigate whether any of them were involved in offences involving bodily harm or property damage during the demonstrations.

Delhi Police said the proposed fresh FIR would be limited to those individuals and that any investigation would follow the court’s clarification regarding the term “criminal antecedents”.

PROTESTS ERUPTED OVER EDUCATION MINISTER’S RESIGNATION

The CJP-led march in Delhi on July 20 turned tense after protesters clashed with security personnel while attempting to move towards Parliament. Police used lathis and tear gas to disperse the crowd.

The student-led agitation subsequently spread to several cities and was primarily focused on the resignation of then Union Education Minister Dharmendra Pradhan.

The protests had begun at Jantar Mantar on June 20 and were called off on July 25 after Pradhan resigned and the government accepted the CJP’s other demands.