Supreme Court refuses to reconstitute panel probing police excesses against student protesters

The Supreme Court has refused to reconstitute a five-member high-powered committee examining allegations of police excesses against student protesters in Delhi, saying the objections raised against its members were based on "conjecture and preconceived notions".

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana said the High-Powered Enquiry Committee (HPEC) had been constituted to assist the court with the highest standards of fairness and transparency and a dispassionate approach.

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The court, in its September 10 order uploaded online on Tuesday, said the committee was not meant to take the side of either party in the case.

"We are not inclined to effect any alteration in the constitution of the Committee, particularly where the prayer for such reconstitution proceeds on nothing more than conjecture and preconceived notions, articulated even before the HPEC has embarked upon its enquiry," the bench said.

The court asked the HPEC to proceed with its examination of allegations concerning the use of pellet guns, targeted violence and harassment of female protesters, besides alleged excessive violence and destruction of property by either side.

At the same time, it directed the panel to ensure adequate protection for vulnerable witnesses and maintain confidentiality around their identities and submissions.

"With respect to the concerns voiced over the treatment of witnesses and of those who may wish to come forward before the HPEC to furnish their account and voice their grievances, we request the HPEC that such vulnerable witnesses be extended due protection and their identities be kept confidential and undisclosed," the bench said.

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"It goes without saying that utmost confidentiality shall be maintained in respect of any statements given or evidence submitted by such vulnerable witnesses to the HPEC. In furtherance thereof, a separate online portal may be created to facilitate such witnesses and other requisite stakeholders to submit their documents and evidence," it added.

The bench also directed that Senior Advocate Monika Gusain, assisted by advocate C Solomon, would represent the HPEC and act as an independent arbiter between the parties.

It further requested the committee to appoint a member secretary at the earliest to provide logistical and secretarial support for its work.

The plea for reconstitution had been opposed by Solicitor General Tushar Mehta. Appearing for one of the petitioners, advocate Prashant Bhushan had argued that a former DGP from a northeastern state on the panel faced a "conflict of interest" because of his alleged proximity to a senior functionary who could potentially come under the committee's scrutiny.

Senior advocate Gopal Sankaranarayanan had supported Bhushan's submission, while Mehta urged the Supreme Court to disregard the allegations.

The Supreme Court had constituted the HPEC, headed by former top court judge R Subhash Reddy, to examine allegations of police excesses against student protesters during the Cockroach Janta Party (CJP)-led protest march on July 20 in Delhi, as well as violence against police personnel.

The committee also includes former Punjab and Haryana High Court chief justice Ravi Shankar Jha, former Delhi High Court judge Shalinder Kaur, former CBI director Rishi Kumar Shukla and retired Meghalaya DGP L R Bishnoi.

The court said the panel had been constituted after considering the expertise and experience of its members as well as the diversity of the committee.

"This HPEC has been constituted bearing in mind a wide variety of considerations, including the individual expertise and experience of each of its members, as well as the diversity of the committee, among other factors.

"We are confident that the recommendations of the HPEC will be of invaluable assistance to this court, and the committee will be able to undertake a comprehensive assessment of all such issues as merit due contemplation," the bench had said.

The CJP-led march to Parliament had witnessed clashes between protesters and security personnel, with police using lathis and teargas shells to disperse crowds.

The agitation began at Jantar Mantar on June 20 and was called off on July 25 after then Union education minister Dharmendra Pradhan resigned and the government accepted the CJP's other demands.