New Delhi [India], August 18 (ANI): The Supreme Court on Tuesday said it will constitute a high-powered committee headed by a former Supreme Court judge to examine allegations of police excesses against student protesters and other issues arising from demonstrations over alleged NEET and other examination paper leaks.
A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, said the proposed committee would also comprise a former High Court judge and a retired Director General of Police.
The Chief Justice said the consent of a former CBI Director and a former DGP, neither of whom is from any of the States involved in the matter, had been obtained. The apex court said it would pass a formal order after considering all aspects relating to the constitution and functioning of the committee.
The bench permitted the parties to submit written suggestions regarding the mandate and scope of the proposed panel. It said an order outlining the framework of the committee would be issued on Wednesday, following which the panel could commence its work.
The committee is expected to examine a broad range of issues arising from student protests held in different parts of the country over alleged examination paper leaks. These include allegations of police excesses, violence against security personnel and sexual harassment of women protesters.
The court also indicated that the committee would not necessarily have to wait until the completion of its entire investigation before bringing urgent matters to its attention. It said the panel could submit interim reports on urgent issues wherever necessary.
At the same time, the Supreme Court made it clear that certain constitutional and legal questions would remain within the court's exclusive jurisdiction.
The bench said issues concerning the use of facial recognition technology, surveillance, privacy and the fundamental right to life and personal liberty under Article 21 of the Constitution would ultimately have to be adjudicated by the apex court itself.
The Supreme Court also expressed its intention to examine the possibility of quashing FIRs registered against student protesters in connection with demonstrations over examination paper leaks.
The court said States should identify FIRs registered against students and protesters where no other serious criminal elements were involved.
The bench indicated that it could consider exercising its extraordinary powers under Article 142 of the Constitution to quash such cases, while making it clear that matters involving individuals with serious criminal antecedents could be considered separately.
The bench emphasised the impact that criminal proceedings could have on young students, observing that the issue concerned "the life and future of innocent students".
The court was hearing a batch of petitions alleging excessive police action against students who participated in protests at Jantar Mantar and other locations across the country over alleged NEET examination paper leaks and broader concerns relating to the examination system.
The proceedings come against the backdrop of weeks of student demonstrations led by the Cockroach Janata Party (CJP) at Jantar Mantar, including a hunger strike and a subsequent march towards Parliament.
On July 20, thousands of students participated in a Parliament march organised by the CJP, demanding, among other things, the resignation of Union Education Minister Dharmendra Pradhan over alleged examination paper leaks and seeking wider reforms in the examination system.
As demonstrators attempted to move towards Parliament and breach police barricades in central Delhi, security personnel used tear gas and lathi-charge to disperse the protesters.
Several videos subsequently circulated on social media, purportedly showing protesters being manhandled by police personnel, leading to allegations of excessive use of force.
The Delhi Police, however, defended its action and maintained that force was used only after sections of the protesting crowd allegedly turned violent and engaged in stone-pelting.
The Supreme Court's proposed high-powered committee is expected to provide an independent examination of the allegations and related circumstances surrounding the protests.
The bench is likely to finalise the committee's mandate and framework in its order on Wednesday, after considering suggestions from the parties. (ANI)
SC to set up high-powered panel headed by ex-judge to examine police action against student protesters
