Supreme Court on NEET Protest FIRs: States Free to Withdraw Cases Against Eligible Students

In a significant relief for students who took part in protests against the NEET paper leak, the Supreme Court on Monday clarified that state governments, including Delhi, are free to close or withdraw FIRs registered against protesters, provided those students do not have criminal antecedents involving grave and heinous offences.

A Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana clarified that the term "criminal antecedents" should be interpreted only as involvement in serious and heinous crimes, removing concerns that minor or unrelated cases could prevent students from receiving relief.

The clarification came after Solicitor General Tushar Mehta informed the court that the Union government remains committed to not pursuing criminal cases against students who participated in the protests, except for individuals accused of grave offences. He submitted that FIRs against more than 2,700 people with serious criminal backgrounds would not be withdrawn.

During the hearing, senior advocate Gopal Sankaranarayanan raised concerns over the alleged use of excessive force by police during the demonstrations. Referring to video evidence submitted before the court, he claimed several protesters, including children of lawyers, were assaulted.

He urged the court to direct the Delhi Police Commissioner and the Rapid Action Force (RAF) to explain the alleged use of force, including pellet guns and the actions of personnel who were reportedly not in uniform.

The Bench has now scheduled the matter for August 18, when it will continue hearing petitions related to the police action during the protests.

The court had earlier observed that police excesses or a lathi charge cannot be justified merely because people are protesting, reiterating that the right to peaceful protest is constitutionally protected.

The protests erupted after allegations of irregularities in the NEET examination. On July 20, a march led by the Cockroach Janata Party (CJP) in Delhi witnessed clashes as protesters attempted to move towards Parliament, prompting security forces to use lathis and tear gas shells to disperse the crowd.