Plainclothes Cops, Pellet Guns: SC Panel To Dig Into July 20 CJP Protest Chaos

The Supreme Court has directed its five-member high-powered enquiry committee (HPEC) to begin its probe into the July 20 protests led by the Cockroach Janta Party (CJP), prioritising allegations involving pellet guns, targeted violence and harassment of female protesters, injuries to police personnel and destruction of property.

In a detailed order following its September 10 hearing, a bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana also ordered safeguards for vulnerable witnesses, including keeping their identities confidential. The court said the HPEC could create a separate online portal to allow witnesses and other stakeholders to submit evidence and documents.

The Supreme Court made clear that while the committee will examine factual allegations and assist the court, broader constitutional questions arising from the protests will be decided by the court itself.

HPEC Given Four-Point Priority List

The committee has been asked to examine, “in the first instance”, four categories of allegations: the use of pellet guns; targeted violence and harassment of female protesters; injuries sustained by police personnel; and excessive violence and destruction of property “occasioned on either side”.

The directions sharpen the mandate given to the HPEC when it was constituted on August 18 to independently examine competing allegations surrounding the protests.

The court also rejected a plea seeking reconstitution of the committee, expressing “some measure of disquiet” over what it described as “conjecture and preconceived notions” against the HPEC before its inquiry had even begun.

The committee, headed by former Supreme Court judge Justice R Subhash Reddy, was constituted to assist the court with what the bench described as the “highest standards of fairness and transparency” and a “dispassionate approach”.

The court had clarified on September 10 that the HPEC could examine allegations and make recommendations but could not order registration of FIRs. The power to direct a criminal investigation remains with the Supreme Court.

The clarification followed the court’s September 1 decision to invoke Article 142 and bring criminal proceedings arising from the protests to an end. FIRs registered between July 20 and 25 were ordered not to be pursued or investigated, and no fresh FIRs were to be registered in relation to those incidents.

Protection Ordered For 14-Year-Old Protester

The court separately directed Delhi Police to assess the threat perception of a 14-year-old female protester and provide protection to her and her family.

It also ordered an expedited investigation into allegations that anti-social elements had threatened or harassed the girl and her family and directed the police to submit a status report before the next hearing.

The directions came amid allegations that the minor and her family had received threats. The court had expressed concern at an earlier hearing that allegations of intimidation of a child could not simply await the outcome of the HPEC inquiry if those accused remained free to threaten or intimidate the alleged victim and her family.

The case is linked to allegations against right-wing influencer Swatantra Bhardwaj, who was detained after allegedly claiming in an interview that he had “cracked the skull” of the father of a student activist during an earlier CJP protest. Delhi Police subsequently invoked provisions of the SC/ST (Prevention of Atrocities) Act and criminal intimidation in the case concerning the alleged assault.

A separate POCSO case was also registered against Bhardwaj following allegations by the student that she faced rape threats, abuse and circulation of morphed images after complaining about the alleged assault on her father.

The Supreme Court has appointed senior advocate Dr Monika Gusain and advocate-on-record C Solomon as amici curiae to assist the court as representatives of the HPEC and act as an “independent arbiter” between the parties.

The HPEC has also been asked to appoint a member secretary at the earliest for logistical and secretarial support and submit its first report to the Supreme Court “at the earliest”. The matter will next be heard on October 9.