Paper Leak Protests : Bihar Congress Leader Moves Supreme Court Seeking Details Of FIRs Against Students & Restraint On Coercive Actions

An application has been filed by Dr Abul Farah Shazli, District Secretary of the District Congress Committee, Saharsa, Bihar, seeking intervention in the pending writ petition filed by Rajya Sabha MP Dr. Manoj Kumar Jha concerning allegations of excessive police action during nationwide protests over the alleged NEET examination paper leak.

The intervenor has expressed support for the reliefs sought in the pending writ petition, which seeks an independent investigation into allegations of excessive use of force against student protesters, registration of appropriate criminal cases where warranted, and protection of the constitutional rights of peaceful demonstrators.

According to the proposed intervention, the application has been filed in the larger public interest and is intended to assist the Supreme Court without expanding the scope of the pending proceedings. It states that peaceful protest is an important constitutional freedom and that any allegations regarding disproportionate use of force by law-enforcement agencies deserve a fair, impartial and transparent examination in accordance with law.

The application further submits that maintaining public confidence in the rule of law requires an independent inquiry wherever serious allegations are made concerning police action against peaceful demonstrators. It also supports preservation of electronic and digital evidence so that any investigation can be conducted effectively and fairly.

It may be recalled that on July 28, a bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana passed interim orders directing relating to preservation of CCTV footage, drone recordings, body-camera footage and other digital evidence connected with the protests.

Jha in his petition has sought directions for the States/UTs to disclose the number and details of FIRs registered till date against the students for participating in protests between July 20 and July 25 (including the details of persons arraigned as accused, the sections invoked, etc.), steps for restraining the States/UTs from documenting, intimidating, threatening or detaining students who participated in the protests, and Pan-India guidelines/uniform national standards and SOP on use of force during public demonstration. 

The present intervenor is represented by Advocates Mrs. Aarati Sah and Mr. Animesh Shukla before the Supreme Court.