The Centre has asked the Supreme Court to invoke Article 142 to quash criminal cases against people who participated in the Cockroach Janata Party-led student protests.
The protests began in June over repeated national exam paper leaks and later included demands for action on the issue and the withdrawal of criminal cases against protesters.
The Supreme Court will hear the Centre’s application in detail tomorrow, while a separate September 5 CJP protest march remains subject to the Court’s direction to maintain law and order.
Centre Asks Supreme Court To Use Article 142 To Quash FIRs Against CJP Protesters
The Centre has asked the Supreme Court to use its powers under Article 142 to quash FIRs against CJP protest participants, with the Court set to consider the request amid continuing legal scrutiny of the student-led agitation
Summary
The Centre has asked the Supreme Court to use its special powers under Article 142 of the Constitution to quash FIRs against CJP protesters. The plea places Article 142 at the centre of the government’s request.
Bar and Bench reported that the government wants the court to invoke the provision and quash the FIRs. The report said the cases concern protesters linked to CJP.
Why Has The Centre Asked The Supreme Court To Quash The FIRs?
The government’s plea centres on Article 142. Bar and Bench reported that it has asked the Supreme Court to invoke that provision to close FIRs against CJP protestors.
Article 142 is the constitutional route cited in the request. The immediate aim is to bring the FIRs to a close through the court’s intervention under that provision.
Solicitor General Tushar Mehta mentioned the matter before a three-judge Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana on Thursday.
"I want to move one IA, if lordships can permit (listing) tomorrow.. Some urgency ... It's regarding that protest, for the purpose of FIRs to be quashed etc. Article 142 (of the Constitution), we are invoking," said SG Mehta, as quoted by Bar and Bench.
"If parties are reconciling, we have no problem," replied CJI Kant.
"Tomorrow my lord?" SG Mehta requested. CJI Kant, in turn, agreed to list the matter tomorrow.
What Is Article 142 Of The Constitution?
The FIRs concern protestors linked to CJP. The report identifies them as the subject of the cases the government wants the court to close. The core issue before the court is whether those FIRs should end through the Supreme Court’s intervention under Article 142.
Earlier, PTI reported that the Supreme Court refused to pass orders on a plea seeking prohibition on a protest march the Cockroach Janata Party has called on September 5, saying it expects everybody will act and behave in a peaceful and lawful manner.
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A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana asked the petitioner to submit his petition to the High Powered Enquiry Committee formed by it to examine allegations of police violence during the NEET protests.
"Let the matter be listed along with pending petitions. To be heard on September 10," the bench said, issuing notice in the matter.
"They are expected to maintain law and order, and the enforcing agency has the responsibility to maintain law and order, saying what is illegal and what is permissible. We are expecting them to act within that framework. From both sides, we are expecting that they will respect, they will conduct themselves and they will follow the law of the land," the bench said, according to PTI.
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