Release minors and those with no criminal past: Supreme Court on student protests

New Delhi: The Supreme Court on Tuesday observed that the allegations of police excesses against participants at the recent student protest "prima facie made out a case for an independent probe".

There is no doubt that there "should be an independent, fair, speedy and a thorough probe", a three-member bench headed by Chief Justice of India Surya Kant said. The bench is of the prima facie view to constitute a "high-powered investigation committee" to look into the alleged police excesses and violence in Delhi and other states, the CJI said.

A mechanism is probably needed to handle such incidents in future, the bench observed. Protocol for protests laid down in earlier decisions of the court may need modification, it said, with CJI Kant orally remarking: "A probe is meaningless if no responsibility is fixed."


The bench hinted that it might constitute a special investigation team headed by a former Supreme Court judge for the investigation, and sought the responses of the Union, Delhi NCT and the states of Assam, Bihar, West Bengal, Uttar Pradesh, Madhya Pradesh, Maharashtra and Kerala.

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Before passing an order, the bench granted the central government and the Delhi Police an opportunity to place their version on record. Other states, where violence took place, may also file their versions, it said.

No coercive action

The bench ordered that no coercive action be taken against protestors involved in the recent student protests.

As part of a slew of interim directions, it also ordered the immediate release of minors detained by police across different states. Those with criminal antecedents will not get this protection.

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It directed that all CCTV footage, drone recordings, wireless communications and other records in connection with the protests be preserved. Digital data of protestors recorded by the police should not be brought in public domain, it ordered.

The bench also took stock of accusations that pellet guns were used during the protest, leading to injuries among students, including one boy who allegedly lost his eyesight.