SC Allows Probe Panel To Continue, Rejects Plea To Reconstitute Body Over July 20 Protest Violence

The Supreme Court on Tuesday ruled that the five-member high-powered enquiry committee [HPEC], headed by former judge Justice R Subhash Reddy, must be allowed to conduct its independent inquiry into allegations of excessive use of force during the July 20 protest in Delhi. The court rejected immediate pleas by petitioners to reconstitute the panel and expand the probe to investigate Union Home Minister Amit Shah and other senior officials.

Chief Justice of India Surya Kant said, "Whosoever will work, they will work under the direct supervision of this court. We have not disposed of the matter and will monitor everything." The court urged the petitioners to allow the committee to begin its work and raise any concerns as the inquiry progresses.

Heated Exchange Over Names

Delhi Police opposed the reconstitution plea. Solicitor General Tushar Mehta, representing the force, called the application "mischievous" and resisted the demand to change the panel. The filing named preferred judges and sought investigations against ministers, Mehta said, after senior advocate Gopal Sankaranarayanan requested an urgent hearing.

Kant told Sankaranarayanan, "We don’t appreciate mentioning names of the judges like this."

Advocate Prashant Bhushan, appearing for another petitioner, said there were "some misgivings" among the petitioners but stressed that they were pursuing a common cause. Mehta said some petitioners had "misgivings about everyone and all institutions" and described the application as "certainly not in good taste".

Kant urged the petitioners to assist the panel. Kant said, "Sometimes, we have to also work under some constraints like availability and other factors. You all are also there to assist the committee and can point out to us as and when there are concerns. Let them work and see how they perform."

Demands For Panel Reconstitution

Petitioner Shailendra Mani Tripathi filed the application on August 24, seeking the reconstitution of the HPEC. The petitioner contended that the committee lacks the composition and expertise necessary to conduct an independent probe.

The petitioners had earlier proposed that a former Chief Justice of India head the panel, suggesting the names of Justices Uday U Lalit, Sanjiv Khanna and Bhushan R Gavai. They also proposed including a retired woman DGP and a former Attorney General, alongside investigative officers and forensic and technical experts. The application questions the absence of these categories from the committee constituted by the Supreme Court on August 18.

The plea questioned the panel's structural independence. It did not question the character of individual members. Public records show the non-judicial members lack specific experience in probing police brutality or questioning top officials, the application said.

Probing The Chain Command

The petitioners seek an inquiry into the alleged roles of Union Home Minister Amit Shah, Delhi Police Commissioner Anurag Kumar and other senior civic officials and police officers of the Ministry of Home Affairs, Delhi Police and the Rapid Action Force. The application states that this inquiry would examine directions issued before and during the July 20 protest, instructions concerning the use of force and disciplinary action against personnel accused of excessive or unlawful force.

The proposed terms of reference seek an investigation into the chain of command and accountability. This includes allegations involving weapons like pellet guns and electric batons, alongside the alleged planting of evidence at protest sites.

Students marched to Parliament on July 20. This followed weeks of protests over NEET paper leaks which culminated in the resignation of Education Minister Dharmendra Pradhan. To reform testing, the government appointed Infosys chairman Nandan Nilekani to lead a new panel and began strengthening the NTA.