Pleas Against Police Action During CJP Student Protests : Live Updates From Supreme Court
The Supreme Court will hear today petitions seeking FIRs against police personnel and CAPF officials over alleged use of excessive force against students during the protests over exam paper leaks (such as #NEET) and other irregularitiesBench: CJI Surya Kant, J Joymalya Bagchi and J V MohanaOne of the petitions - filed by Rajya Sabha MP Manoj Jha - highlights the incident at Siwan, Bihar,...
The Supreme Court will hear today petitions seeking FIRs against police personnel and CAPF officials over alleged use of excessive force against students during the protests over exam paper leaks (such as #NEET) and other irregularities
Bench: CJI Surya Kant, J Joymalya Bagchi and J V Mohana
One of the petitions - filed by Rajya Sabha MP Manoj Jha - highlights the incident at Siwan, Bihar, and alleges use of AK47 by an officer against a protestor.
Another petition has been filed by the family members of police officials who were allegedly injured during the protests.
Follow this page for live updates.
The Court's directions.
The interim directions passed by the Court, as extracted from the uploaded order, are as follows :
(i) Although it has already been stated at the bar by the learned Solicitor General of India, on instructions, we also, as an abundant precaution, direct that all CCTV footage, drone footage, body-worn camera recordings, videography, wireless communication records, and PCR lodge collections related to the students' protest be preserved.
(ii) The respondent(s) and police authorities shall ensure that the personal information and digital data of the protestors, collected during the students' protests, are preserved and are not disclosed to the public domain for the time being.
(iii) The respondent(s) may not publish any public data/details of the protestors, especially students.
(iv) The NCT of Delhi and other States may proceed with the investigation of the FIRs registered; however, no coercive measures shall be taken against the protesting students. Such protection, nonetheless, shall not be extended to the persons with criminal antecedents.
(v) All States are hereby instructed to release children under the age of 18, who have been reported to be arrested or detained in connection with the ongoing protests and who do not possess any criminal antecedents. If necessary, these children shall be released upon the execution of a simple bond by themselves or their family members, especially if such a requirement is insisted upon for surety.
Update on Supreme Court hearing of cases concerning student protest violence :
SC says a fair probe is needed into allegations of injuries to students and police officials during the protests across the country; hints at forming an SIT headed by an ex-judge.
SC passes following interim directions :
1. All footage of CCTV, drones, & body cameras, and logs of wireless communication and PCR must be preserved.
2. Authorities must preserve the personal information and digital data of student protesters and they should not be brought in the public domain.
3. The personal data or details of the protesters must not be published.
4. No coercive steps should be taken against students over protests, provided they have no criminal antecedents.
5. States must release all students detained/arrested over protests, if they have no criminal antecedents.
SC issues notices to the Union, Delhi NCT, States of Assam, Bihar, West Bengal, Maharashtra, UP, MP and Kerala.
Next hearing on August 3.
#SupremeCourt directs the release of students who were arrested or detained during the student protests, who do not have any criminal antecedents.
A counsel: My application may also be listed. I am an Advocate who helped detained students. I was assaulted
Bench: That's coming tomorrow. Broadly we will take these matters also on Monday with the other cases. If some interim directions are required, we will pass those also
Hearing ends. #NEETStudentProtest
Order: As an interim measure, we deem it apt. to direct -
- all CCTV, drone, body cam footage, wireless communication in relation to protest be preserved
- police authorities to ensure digital data of protestors is preserved and is not brought in public domain for time being
- respondents may not [publish] any personal data of students
- no coercive action should be taken against students who protested
- all states are to release children below the age of 18 yrs who were arrested in the ongoing student protests and had no criminal antecedents
SG opposes request for listing tomorrow the plea filed by Junaid Malik
CJI: Make sure defects etc. are cured
Order - Violence allegedly perpetrated by police persons in civil dress. Ld. SG at the outset states that there is no objection against an independent probe. He however strongly refutes that any excess was committed by police. According to him, there were hardened criminals who entered protest site...and caused injuries to more than 250 personnel. Be that as it may, the allegations made by petitioners prima facie make out a case for independent and fair probe. Such probe will effeticely address allegations made by ld. SG and policemen's family members. Before passing further order, we deem it apt. to grant opportunity to NCT of Delhi to place its reply on record. We issue notice to CSs of MP, Maharashtra, Bihar, Kerala, UP, Assam, WB etc.
Gopal S: Many police officers and CAPF officials did a good job as well. The idea is not to point finger at the entire force...Forces were sitting in vans, face recognition softwares used...those softwares employed against protestors. They have collated with Aadhaar. Protestors are now getting messages to come and explain. This profiling [can't be allowed]
Order: Several instances of violence during the protests that took place at Jantar Mantar and other places...which ultimately spread to other states like MP, Bihar etc. Allegations are there excesses have been committed in violation of fundamental rights Art 19, 21...even though the young students came to protest over NEET paper leaks. Petitioners have placed on record many instances alleging excessive use of force by police in NCT including use of lathi charge, pellet guns and tear gas. The nature of instances highlighted in the batch of petitions indicate that -
- pellet guns were used and they led to injuries to young students including 1 boy who lost eyesight
- rubber bullets caused injuries
- electric batons used to disperse crowd
- lathis embedded with nails were used resulting in permanent disability and life threatening
- media person assaulted with serious injuries.
J Bagchi: Police must have protective gear. It is more important than offensive gear
Gopal S: We didn't have any gear at all. We were unarmed
J Bagchi: When it is a matter of moment decision...when I have a helmet, I take few more moments to use tear gas...that helps control crowd better
SG - That's also concern of the state.
Bhushan gives names of 2 former Chief Justices of India to head probe
SG: In nutshell, I am with students. I don't think students perpetrated a crime. If they have suffered, the perpetrators must be brought to book. Your lordships may appoint committee. But kindly give me couple of days to place facts on record. I don't want to suggest ayn name. I would leave it to your lordships. States may be called. We are preserving data.
CJI: yesterday, someone pointed out Delhi HC is seized. We could have said let all matters go there. But since other states also involved [we entertained]
SG: Students have a right to protest peacefully and if anyone has violated law of land, they have to be punished. There is a set of pleas where police officers are here...there are 250 policement who have received injuries. We as state cannot do something which demoralizes police officers the de-truth has to come before court
CJI: For attacks on police officers, it is to be considered whether it is done by students or...
SG: I don't think it was by students...maybe some miscreants penetrated into the movement
J Bagchi - There is always danger of discrediting a peaceful movement.