The Supreme Court of India on Tuesday announced it will form a high-powered independent committee to investigate allegations of police excesses against student protesters in Delhi.
A three-judge bench consisting of Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana stated that the formal order setting up the panel will be issued on Wednesday. The timeline allows different parties to submit recommendations for remaining members to be included on the panel, which will feature retired judges, a former Director General of Police, and an ex-CBI director.
Scope of the Inquiry
As part of the panel’s mandate, the apex court announced that all CCTV recordings and video footage of the unrest during a July 20 demonstration near Parliament will be transferred to the committee for examination. Furthermore, the panel will review complaints filed by female protesters who were allegedly targeted during demonstrations in Delhi and neighboring locations.
The clashes occurred on July 20 during a march toward Parliament organized by the Cockroach Janta Party, where security personnel used tear gas and batons to stop advancing crowds. The top court had earlier noted that a lathi charge by law enforcement cannot be justified solely due to the existence of a demonstration, reiterating that the right to assemble peacefully remains guaranteed.
Possible Quashing of Student Cases
During Tuesday’s proceedings, the bench directed Solicitor General Tushar Mehta to present comprehensive details of First Information Reports (FIRs) naming student demonstrators. The justices signaled that the court might use its extraordinary plenary powers under Article 142 of the Constitution to quash these pending cases.
Responding to an opposing counsel who argued that cases should not be dropped unless students issue an apology, the court emphasized that student futures and livelihoods are at risk and affirmed their right to protest under Article 19.
Legal Context and Antecedents Clarification
In response, Mehta informed the court that police had linked over 2,800 individuals with histories of serious criminal offenses to the violence during the July 20 protest.
The hearing builds on an August 3 court ruling that clarified the term “criminal antecedents” as applying strictly to individuals implicated in grave and heinous crimes. That clarification permitted state authorities to close or withdraw cases against students without serious criminal records, following a Centre submission expressing a willingness to refrain from prosecuting students who participated in protests regarding the NEET examination paper leak.
