SC likely to quash FIRs against student protesters, exempts those with serious criminal records

New Delhi: Supreme Court on Tuesday expressed its inclination to quash the FIRs registered against student protesters in connection with agitations held in different parts of the country last month over issues such as examination paper leaks.

A three-member bench of Chief Justice of India Surya Kant, justices Joymalya Bagchi and V Mohana verbally observed that it was a question of the future of thousands of students. The bench, however, clarified that cases against persons with a past history of grievous offences, who infiltrated the protests, would not be quashed.

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Solicitor general Tushar Mehta agreed that FIRs against student protesters should be quashed. However, he said that persons with serious criminal antecedents had also infiltrated the protests and that they must be investigated.

It was submitted that 2,873 persons were found to have serious criminal antecedents, including charges of murder, attempt to murder, dacoity, rape and offences under the Protection of Children from Sexual Offences Act. CJI Kant said state governments could submit a list of FIRs in which only students were involved.

The CJI verbally remarked, "This is a question concerning their (students) lives and futures. Their parents are spending their hard-earned money on their education. They have a future to live. They have legitimate expectations from the system."

SC TO FORM PANEL TO PROBE ISSUES

In a related development, the bench reiterated that it would constitute a committee comprising a former SC judge, a former chief justice of a high court and a senior retired police officer to look into the issues arising out of the protests, including allegations of police excesses and violence against police personnel.

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"We will await the recommendations which the committee will make from time to time and the necessary legal consequences must follow," the bench said, adding the panel would also look into allegations concerning sexual assault and online harassment of female protesters and the victimisation of other vulnerable persons through social media. SC made it clear that the committee would look "into each and every aspect of these matters" and take them to their logical conclusion.

SC TO DECIDE ON FACIAL TECH

The Supreme Court bench clarified that the constitutional questions concerning facial recognition technology, surveillance and privacy would ultimately be decided by the court itself and not by the committee.