CJP’s demonstration and use of pellet gun… What did the Supreme Court say on the petitions?

The Supreme Court has given a big verdict regarding the lathi charge that took place during the Cockroach Janata Party protest. The top court said that action should be taken against those who indulged in violence during student protests and took the law into their own hands. Also, it is necessary to conduct an impartial and independent investigation into all the allegations related to police excesses against the students protesting against the NEET exam. On the police action against the protesters, the Supreme Court said that if there is a violation of the laid down rules, then the law should take action on it. The bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana is hearing the case. The next hearing will be on August 3.

The Supreme Court has combined all the cases related to lathi charge. All cases will be heard together. During the hearing of the case, the CJI said that we do not think that there is a need for lengthy arguments. It was a completely peaceful protest by students in which some demands were put forward. This was within constitutional limits. He says that such peaceful protests always have uninvited guests. They come with their own agenda and soon they become co-organizers. It has been said on behalf of the students that despite having constitutional rights, they were treated like this. The Supreme Court issued notices to the governments of Delhi, Maharashtra, Bihar, Kerala, Madhya Pradesh and Uttar Pradesh. Chief Secretaries of the states were instructed to appear online in the next hearing. The Supreme Court said in the order that all the evidence should be kept safe.

What did SC say in the order?

• All CCTV, drones, body cam footage and wireless communications related to the protests should be kept safe.
• Police officers should ensure that the digital data of the protesters is kept safe and should not be made public at present.
• The respondent should not publish or make public any personal data of the students.
• No strict or punitive action should be taken against the protesting students.
• All states should release children under 18 who were arrested during the ongoing student protests and who do not have any criminal record.

Arguments and the court’s response to it

• Senior lawyer Gopal Shankaranarayanan said that this case is related to the protests taking place across the country. Not only in Delhi, but such incidents have also happened in Madhya Pradesh, Nagpur, Bihar etc. There are many incidents. On this, the CJI said that some allegations have been made in all the petitions, but if seen broadly, one case is about the use of pellet gun, due to which a 19-year-old boy lost his eyesight. There are also cases of use of electric batons. A girl had to be admitted to the ICU; sticks with nails were used, causing life-threatening injuries.
• The court said that there is also a case of attack on a media person, which was also mentioned yesterday. He was brutally attacked, then subjected to violence by plainclothes police. There is another case in which a policeman slapped a girl without any provocation. Today a separate petition has also been filed regarding excesses.
• Advocate Gopal said that there was no order for Jantar Mantar. The protocol is for the police to announce over the loudspeaker what they are going to do, like use water cannon, use batons under foot. The use of tear gas is a later step. On this the CJI said that every stakeholder should give constructive suggestions. With the passage of time, many things are now being done in a non-traditional manner, as per the protocol suggested by this Court earlier. We have to look at what kind of tear gas etc. is used and whether it should be allowed. There will definitely be protests in a democracy.
• Gopal said that an ASI himself broke the windows of the car. There is also a video of this. These people acted arbitrarily. We want that the responsibility should be fixed on the higher officials. Unless this court does this, the police think they will get away with it. On this the CJI said that the investigation should be completely independent. Whoever has committed the excess, the law will take its course. If no one’s responsibility is fixed, there is no point in investigation.
• Advocate Gopal said that the SIT can be headed by a former judge of this court. Anything less than this will not send any message. Despite all this, yesterday a policeman in Bihar used an AK47. Meanwhile, senior lawyer Shoaib Alam said that there is a video of a completely unarmed crowd and a policeman. He was wearing gear and mask. Senior lawyer Shyam Diwan said that we have classified these incidents of excessive use of force. We have provided reliable media reports and pictures. Pellet guns have been used very seriously. Violence has been committed by plainclothes police officers. On this CJI, all such rules should be decided in democracy. The CJI said that once the guidelines are decided, action can be taken against anyone who takes the law into his own hands.
• Senior advocate Shoaib Alam said that Bihar Police has said that they have suspended the police officer who opened fire with the AK-47. Senior Advocate Gopal Shankaranarayanan said that the head of this SIT should be only a former CJI, nothing less than this is acceptable. Senior advocate Shyam Diwan said that reliable media reports and media footage obtained from Connaught Place etc. reveal excesses. Apart from this, electric baton was also used. We have put the reports together. The CJI said that there is a need for a thorough investigation into these cases. There is no doubt about it. That investigation should be independent, impartial and transparent. We will tell later who will be in the investigation team.
• The CJI said that one thing that you will understand about the legal principles is that there are many decisions of this court. Now is the time to bring all these principles together and expand them. Judicial protocol means. To what extent are the 2018 directives relevant in 2026? Perhaps, we need to create a system to ensure that protocols are implemented immediately when such a situation arises. Diwan stressed the demand for interim directions against the defendants for using the digital data of the protesters. Senior lawyer Shadan Farasat said that the Bihar government has said that it is withdrawing the FIR, but more than 150 minors are still in custody. He should be released immediately. Have been in custody for more than 48 hours. Sent to magistrate after 40 hours. A boy is 13 years old.
• Farasat said that the crowd dispersed after the lathicharge in Delhi. This time the lawyers were also present there. He was also beaten up in Connaught Place. This was a gross misuse of the right of self-defense. Advocate Prashant Bhushan, appearing for Junaid Malik, said that he was delivering food. SG Tushar Mehta said that he is not a victim. This is a different matter. Bhushan said that the police detained him. Was taken to Mussoorie. The entire family was picked up and interrogated as to who was funding them. This action of the police was completely illegal. Another case – a whole truck full of stones. CJI said that all these issues will ultimately have to be raised before some committee/commission/SIT. The investigation should be scientific, evidence is needed.
• Bhushan suggested the names of two former Chief Justices of India to lead the investigation. SG said that in short, I am with the students. I don’t think the students have committed any crime. If they have suffered problems, the culprits should be punished. If you want, you can form a committee. But please give me a few days to present the facts. I don’t want to suggest any name. I leave this decision to you. States can be called. We are keeping the data secure.
• CJI said that yesterday someone had told that Delhi High Court is looking into this matter. We could have said that all the cases should go there but since other states are also involved in this, we heard it. The SG said that students have the right to protest peacefully and if anyone has violated the law of the country, they should be punished. There are some petitions in which police officers are involved, 250 policemen have been injured. As a state, we cannot do anything that lowers the morale of police officers. The truth should come before the court.
• The Supreme Court said that the attacks on 250 policemen should also be investigated to find out whether these attacks were carried out by students or some miscreants. The CJI said that SIT can be formed to ensure fair, transparent and thorough investigation of all incidents.