CJI: once we quash, this becomes part of history. FIR is erased
Hariharan: 2873 persons, liberty is being reserved
CJI: their issue, we can deal with separately. today both sides have taken good initiative. whatever positive is happening, we should
J Bagchi: FIR is forwarded to Magistrate. anyone who wishes to inspect [...] case, can find all details
SG: let's not keep the pot boiling
J Bagchi: para 2 is illustrative. para 3 is a residual clause. para 4 is an exception to para 2. so this can result in a revival of certain allegations which are indicated. not an allegation of rioting, unlawful assembly. Only bodily harm and destruction of public property. there was a case of sieving out certain area/section of protestors who had assembled with certain bonafide democratic demands and certain alleged elements. what we did was take away the bottomline. that they should not be prosecuted. state reserves right to prosecute allegedly pernicious elements. we need to make exception so that state's right is reserved without giving healing balm to main body of protestors. you are right we don't know who are these 2873 persons. we would give a conditional nod subject to all rights available to persons.
SG: they have been constructive and positive. they are our own children
Hariharan: though the FIR nos. are mentioned, not a single FIR attached. we don't know who is named in FIRs. I have never seen such a situation
CJI: once no. is given
Hariharan: 2800 odd people identified. that list not provided
SG: potential accused can't be
CJI: if you come to part of FIRs, provisions are mentioned. very briefly contents are also mentioned
Hariharan: we don't know who is mentioned
SG: are we accelerating or hindering this process? I have no difficulty in filing, but what purpose would be served?
SG: while we maintain that this is the assurance given, and assurance will be honored, I will...I am requesting for 3 months
J Bagchi: you identified the no. of persons?
SG: yes, both sides sat together
CJI: the word used was 'unsung victims'...those who aren't aware of scheme...claims verification
Grover: verification ongoing. time frame being sought is regarding payment
SG: she's right. it's wrt payment
Hariharan: there was a question how to identify? I was suggesting if we could have an online portal
SG: we are in consultation with leaders of the protestors. let's not create complications. that process may not be hampered. it's going on with faith and trust. there was apprehension in mind of protestors. they have given a call onSept 5. I would expect and request that now that the govt has come with forthright stand on affidavit, they should also respond. I think MR. Saurav Das is here. If he can respond. I saw him today. If that can be called off?
Saurav Das appears: I am just here to read out a statement. As co-convenor, I want to state that in view of positive statement of govt...CJP deems it apt. to withdraw the call for Sept 5 march. I thank the court for the decision
SG: That satisfies. I trust him.
SG: there are few FIRs in 2 other states. i would not rule out possibility of other FIRs in other states. Art. 142 may be exercised to direct that any FIR pertaining to protest on july 20...
CJI: format can be that any similar FIR if registered in any other state is directed to be closed
Grover: closure - they will have to file...then there can be protest petition
SG: we are ad idem. only semantics being worked out. your lordships may say 'may not be pursued' and shall be treated as closed
CJI: for all intents and purposes
SG: apprehension rightly appears to be - closed means you will have to file closure report. close means closure from today. I don't think any confusion on that. same order can be for other states/UTs. i am trying to allay any apprehension. 3rd assurance was wrt compensation for students who died. I am authorized to state that govt stands by that assurance. only problem is about modalities. there are several exams. whatever happens here, becomes a benchmark. i am requesting that while recording commitment of central govt that we will comply with this assurance, I will take 3 months for modalities.
SG takes the court through Delhi's application
SG: I have given the list. It contains all FIRs. if any other FIR wrt same incident mentioned in these FIRs is subsequently found, state shall not oppose affected party seeking similar relief...this para is peculiar to Delhi. Not other states. Delhi police seeks leave to file fresh FIR for 2873 persons with criminal antecedents. Criminal antecedents shall be as noted in the earlier order - grave and heinous offenses only. Apprehension of minor offense was there. No fresh FIR will be filed hereafter for incidents which are subject matter. This takes care of 2 assurances
CJI: so far there is no FIR in this matter?
SG: one fresh FIR for bodily harm, destruction of property qua 2873 persons. Similar applns. made by 4 states
Court asks SG to read para 5 (no fresh FIR in future and fresh FIR for 2873 persons)
SG: jurisdiction of court is to do complete justice. i would urge your lorddships may invoke Art. 142 jurisdiction. Applns. of states same, only chart of FIRs different
CJI: these are the only states?
Hearing begins
SG Tushar Mehta and ASG SV Raju appear for authorities
Sr Advs Shadan Farasat and N Hariharan, Adv Vrinda Grover for petitioners
SG: 5 applications have been moved. I will give brief background
CJI: we will take up one by one
SG: there was a meeting between central govt and leaders of [CJP]...govt stands committed to all 3 assurances given. there was a joint press conference also
SG takes the court through centre's assurances to CJP.
Solicitor General Tushar Mehta mentions before the CJI that the States of Bihar, West Bengal, Maharashtra and Assam have also filed separate applications seeking to quash the FIRs related to student protests.
SG requests the CJI to take up those applications also at 2 PM.