‘A compelling case for an independent and impartial investigation’: Supreme Court to order probe into police excesses against Jantar Mantar protesters

ON TUESDAY, the Supreme Court observed that a prima facie case had been made out for an independent investigation into allegations of police excesses against students who had gathered to demand the resignation of Dharmendra Pradhan as the Union Education Minister.

A three-judge Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana also issued notices to the Delhi government and the states of Madhya Pradesh, Kerala, Bihar, Assam, Maharashtra and West Bengal, seeking their replies to a batch of petitions highlighting police excesses against students.

The Bench is likely to constitute a High-Powered Committee (‘HPC’) or a Special Investigation Team (‘SIT’) to probe the allegations of police excesses.

“The allegations made by the petitioners, prima facie, establish a compelling case for an independent and impartial investigation into the incidents of violence. Such an investigation will adequately address the allegations presented by the family members of the police personnel, as well as the issues raised by the learned Solicitor General of India,” the Bench noted.

‘No coercive measures shall be taken against the students’: Supreme Court

As an interim measure, the Bench directed that no coercive action be taken against the protesting, except those with criminal antecedents. It further directed that all minors detained in connection with the protests be released, if necessary upon execution of a simple bond.

“The NCT of Delhi and other States may proceed with the investigation of the FIRs registered; however, no coercive measures shall be taken against the protesting students. Such protection, nonetheless, shall not be extended to the persons with criminal antecedents,” the Bench ordered. 

It added, “All States are hereby instructed to release children under the age of 18, who have been reported to be arrested or detained in connection with the ongoing protests and who do not possess any criminal antecedents. If necessary, these children shall be released upon the execution of a simple bond by themselves or their family members, especially if such a requirement is insisted upon for surety.”

The Bench also directed the police to ensure that all CCTV footage, drone camera recordings, PCR logs and other digital evidence are duly preserved, and ordered that no personal data of the protesters be published.

A battery of lawyers, including senior advocates Gopal Sankaranarayanan, Shyam Divan, Abhishek Manu Singhvi, Shadan Farasat, Shoeb Alam and N. Hariharan, along with advocates Prashant Bhushan and Vrinda Grover, appeared seeking a probe into the alleged police excesses.

The Bench noted that the nature of the incidents detailed in  petitions suggests that: 

(i) Pellet guns were used that led to injuries to the young students, including one boy allegedly losing his eyesight; 

(ii) Rubber bullets were used that caused injuries to various persons, including a woman. 

(iii) Electronic batons were used to disperse the crowd. 

(iv) Lathis embedded with nails were also used resulting in permanent injury and life-threatening injuries to some of the protestors. 

(v) Even a member of the media was assaulted, leading to the individual sustaining serious injuries

It further noted that the violence allegedly was also perpetrated by police  personnel in police and civilian dress, among other instances.