Rajya Sabha MP Manoj Jha Moves Supreme Court Over Bihar Police Firing On NEET Protesters, Seeks FIRs Against Errant Officers

Rajya Sabha MP Manoj Kumar Jha has approached the Supreme Court seeking registration of FIRs over the alleged use of excessive police force against students who protested July 20 onwards against NEET paper leaks following a call by the Cockroach Janata Party.

The matter filed through AoR Ujjwal Singh was mentioned today by Advocate Fauzia Shakil before a bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana.

"We have filed a writ petition with comprehensive information, including Bihar firing," Shakil said.

For context, three protesters were injured after the police in Bihar's Siwan district opened fire on demonstrators as the 'Bihar bandh', called by the All India Students' Association (AISA) to protest the NEET paper leak, turned violent in several parts of the State.

The matter will be heard tomorrow along with a batch of petitions alleging excessive use of police force against students participating in protests across the country over the issue of examination paper leaks.

In his petition, Manoj Jha has prayed for a direction to the States/UTs to register FIRs on allegations of police brutality and disproportionate police action against peaceful protestors between July 20 and July 25 in different parts of the country, especially on July 20 at Delhi's Jantar Mantar.

He seeks a Special Investigation Team probe in the respective states/UTs by a team comprising the Director General of Police and 2 senior women IPS officers (not below the rank of Inspector General of Police). To ensure fairness, it is prayed that the probe may be guided by a retired High Court judge and monitored by the Supreme Court. It may be completed in a span of 3 months, the petitioner prays.

Jha further seeks directions to the States/UTs to preserve the videos circulating on social media on disproportionate use of police force and identification of personnel deployed (including those in civil dress).

In addition, a direction is sought for the preservation and disclosure by the States of the complete Section 163 order (restraining public gatherings), the communication refusing permission for the 'Sansad Chalo' march in Delhi, operational and deployment plans, the precise dispersal warnings, CCTV, drone, police and body cam footage, barricade maps and exit routes, orders authorizing tear gas, lathi use, detention or arrest, complete list of injured protestors and police personnel, and medical and medic-legal records.

Jha prays for a mandamus directing the States/UTs to initiate criminal and disciplinary proceedings against the errant officers. He further seeks compensation and cost of medical care for victims of police brutality during the protests.

Some other reliefs sought include:

- 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.)

- Directions restraining the States/UTs from documenting, intimidating, threatening or detaining students who participated in the protests,

- Pan-India guidelines/uniform national standards and SOP on use of force during public demonstration. It is prayed that the same shall provide that the police use "minimum necessary force" against unarmed protestors, that there must be mandatory recording of crowd-control operations, that the police personnel shall mandatorily wear their uniform alongwith name badges, that there shall be immediate medical examination of victims of police brutality and preserved of medico-legal records, that there shall be periodic training of police officers to spare use of force against unarmed protestors especially women and children, and that complaints against police brutality be investigated by an SIT.