SC Issues Major Order on Student Protesters, Seeks Release of Minors and First-Time Offenders

New Delhi: The Supreme Court on Tuesday issued important instructions regarding the student protests across the country and police action against the exam paper leak. The court said that the protesters who are below 18 years of age or who do not have any criminal record should be released immediately. Also, the court has asked to stop any kind of strict action against such protesters for the time being. However, people who have a criminal history are kept out of the scope of this relief. The court also acknowledged that the allegations regarding police action are prima facie serious and their impartial investigation is necessary.

Will there be an independent inquiry into the police action?

A bench headed by Chief Justice Surya Kant said during the hearing that allegations related to use of police force on students cannot be ignored. The court indicated that a high-level committee could be formed to investigate the entire matter. However, before taking the final decision, the central government, Delhi Police and the concerned state governments have been given an opportunity to present their views. The court believes that it is important to listen to all the parties before reaching any conclusion.

Answers were sought from which states?

The Supreme Court has issued notices to the chief secretaries of states including Delhi, Bihar, Maharashtra, Uttar Pradesh, Madhya Pradesh and Kerala, where complaints of police action during the student movements had come to light. The court has asked all the governments to file detailed replies. After this it will be decided what will be the outline of the investigation and what kind of further instructions should be issued.

Why were instructions given to keep the evidence safe?

During the hearing, the court made it clear that all digital and electronic evidence related to the case should be kept safe. Under this, orders were given to preserve CCTV footage, drone recordings, wireless communications and other records. The court also said that no personal data of the protesters or digital information collected by the police will be made public so that no one's privacy is affected.

What allegations were made against the police in the hearing?

On behalf of the petitioners, the court was told that lathi charge, rubber bullets, pellet guns and other force were used on the protesters at many places. Some petitions alleged that policemen were deployed even in plain clothes. At the same time, Solicitor General Tushar Mehta, appearing on behalf of the central government, told the court that amidst the peaceful demonstration, some anti-social elements had also entered, who indulged in violence and also injured the policemen. He supported a fair investigation and said that the truth should come out.

What comment did the court make on the democratic protest?

During the hearing, Chief Justice Surya Kant said that peaceful protest is a natural process in a democracy and it cannot be completely suppressed. The court also indicated that the existing guidelines relating to demonstrations and police action may need to be reviewed. The bench said that to deal with such situations in future, it is necessary to develop a clear and balanced system, which on the one hand protects the right of citizens to peaceful protest and on the other hand also maintains law and order. The next hearing of the case will be next week, in which further action will be decided on the response of the centre and the states.