Maharashtra, Assam, Bengal, Bihar Move SC To Quash Cases Against CJP Protesters

Maharashtra, Assam, West Bengal and Bihar have approached the Supreme Court seeking permission to withdraw and quash criminal cases registered in connection with the Cockroach Janta Party (CJP)-led protests in July. The move comes a day after the Centre sought the quashing of 13 FIRs linked to protests in Delhi.

Solicitor General Tushar Mehta, appearing for the Centre, mentioned the applications before a bench headed by Chief Justice of India Surya Kant. He said separate pleas had been filed by the four states seeking the quashing of FIRs arising from the protests.

“We have also filed four different applications for different states where FIRs would require to be quashed,” Mehta said, requesting that the matters be listed together.

The CJI agreed to hear the applications together but directed the states to ensure that their pleas were free of defects.

Centre Seeks Quashing Of 13 Delhi FIRs

The development follows the Centre’s move on Monday to invoke the Supreme Court’s extraordinary powers under Article 142 to seek the quashing of 13 FIRs registered in connection with CJP-led protests at Delhi’s Jantar Mantar and other parts of the capital between July 20 and 25.

The Delhi Police has said no further FIRs would be registered in connection with the incidents covered by the Centre’s application. However, the government has proposed registering one fresh case against 2,873 people who were prima facie reported to have “serious criminal antecedents”, with their individual roles to be investigated.

The 13 FIRs include allegations of rioting, attempt to murder, damage to public property and assault on police personnel, besides offences under the Bharatiya Nyaya Sanhita and the Prevention of Damage to Public Property Act.

According to the Delhi Police, the 2,873 individuals were prima facie present at the protest site and had “serious criminal antecedents” based on the National Crime Records Bureau database. The proposed fresh case would focus on determining their individual roles, if any, in offences involving bodily harm or destruction of property.

Centre Committed To Fulfill All Assurances

According to an ANI report, Mehta also informed the top court that the Centre was committed to fulfill all assurances given to the Cockroach Janta Party leaders in lieu of them calling off the Jantar Mantar protests.

The assurances were; the Centre not pursuing FIRs registered between July 20 and July 25, no fresh FIRs being registered in connection with the matter, and the government paying compensation to students who died by suicide allegedly in connection with the NEET paper leak.

States' Move Comes Amid CJP Amnesty Demand

The applications by the four states assume significance as the CJP has been demanding the withdrawal of criminal cases against protesters across the country. The group has said that this was among the assurances given by the Centre when its 36-day agitation was called off on July 25.

The issue of FIRs registered outside Delhi had earlier come before the Supreme Court. On August 3, the court clarified that its July 28 order did not prevent state governments from taking lawful steps to close or withdraw proceedings arising from FIRs against student protesters.

The court had also clarified that “criminal antecedents” referred to grave and heinous offences after its earlier order excluded certain protesters from interim protection against coercive action.

The CJP later argued that the court’s position conflicted with the Centre’s assurance that protesters across states would receive amnesty.

The protests began in June over alleged irregularities and repeated paper leaks in national examinations. The agitation intensified after climate rights activist Sonam Wangchuk joined the protesters and began a hunger strike in solidarity.

The protests were called off following talks with the Centre on July 25, with the withdrawal of criminal cases against protesters among the group’s key demands.