Supreme Court May Quash FIRs Against Student Protesters Under Article 142

The Supreme Court on Tuesday said it would constitute a high-powered committee to examine allegations of police excesses against student protesters during demonstrations in Delhi, including the violence surrounding the July 20 Parliament march.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said the committee would include retired judges, a former DGP, an ex-CBI director and other members. The court said an order formally constituting the panel would be issued on Wednesday after considering suggestions from various parties regarding its composition.

The committee will examine video footage and CCTV recordings of the July 20 clashes, along with complaints made by female protesters who allegedly faced police action during the demonstrations in Delhi and other areas.

The bench also asked Solicitor General Tushar Mehta to provide details of FIRs registered against student protesters that could potentially be quashed. The court indicated that it may exercise its plenary powers under Article 142 of the Constitution to provide relief in appropriate cases.

“It is the life of students, which is at stake,” the bench observed, stressing that students have a future ahead and possess a constitutional right to protest under Article 19.

Mehta told the court that police had identified more than 2,800 “anti-social elements” allegedly involved in serious offences in the past and accused them of participating in the July 20 violence.

The Supreme Court had earlier criticised police excesses, observing that a lathi charge cannot automatically be justified merely because an agitation is taking place. It had also emphasised that the right to peaceful protest is constitutionally guaranteed.

On August 3, the court clarified that “criminal antecedents” referred only to individuals involved in grave and heinous offences. It said FIRs against other students could be closed or withdrawn in accordance with law.

The July 20 march, led by the Cockroach Janta Party (CJP), witnessed clashes between protesters and security personnel as demonstrators attempted to move towards Parliament. Police used lathis and tear gas to disperse the crowds.