SC Refuses To Reconstitute Panel Probing Delhi Protest Violence

The Supreme Court has refused to reconstitute the five-member high-powered committee probing alleged police excesses against student protesters in Delhi. It said the plea rested on conjecture and preconceived notions. The bench also asked the panel to continue its inquiry into the use of pellet guns, targeted violence, harassment of female protesters and excessive violence and destruction of property on either side.

In its September 10 order, uploaded online on Tuesday, a bench led by Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana said the High-Powered Enquiry Committee was meant to assist the court with fairness, transparency and a dispassionate approach. “We are not inclined to effect any alteration in the constitution of the Committee, particularly where the prayer for such reconstitution proceeds on nothing more than conjecture and preconceived notions, articulated even before the HPEC has embarked upon its enquiry,” the bench said.

The court also asked the HPEC to protect vulnerable witnesses and keep their identities confidential and undisclosed. “With respect to the concerns voiced over the treatment of witnesses and of those who may wish to come forward before the HPEC to furnish their account and voice their grievances, we request the HPEC that such vulnerable witnesses be extended due protection and their identities be kept confidential and undisclosed,” the bench said. “It goes without saying that utmost confidentiality shall be maintained in respect of any statements given or evidence submitted by such vulnerable witnesses to the HPEC. In furtherance thereof, a separate online portal may be created to facilitate such witnesses and other requisite stakeholders to submit their documents and evidence,” it added.

The bench also said Senior Advocate Monika Gusain, along with advocate C Solomon, would assist the HPEC and serve as an independent arbiter between the parties. It further asked the committee to appoint a member secretary at the earliest for logistical and secretarial support.

Panel Composition

The Supreme Court formed the HPEC to examine allegations of police excesses against student protesters during the Cockroach Janta Party (CJP)-led protest march on July 20 in Delhi and violence against police personnel.

It is headed by former Supreme Court judge R Subhash Reddy. Its members are former Punjab and Haryana High Court chief justice Ravi Shankar Jha, former Delhi High Court judge Shalinder Kaur, former CBI director Rishi Kumar Shukla and retired Meghalaya DGP L R Bishnoi.

At the time it created the body, the bench defended the panel’s makeup. “This HPEC has been constituted bearing in mind a wide variety of considerations, including the individual expertise and experience of each of its members, as well as the diversity of the committee, among other factors.”

It also said the HPEC's recommendations would help the court assess the issues in full. “We are confident that the recommendations of the HPEC will be of invaluable assistance to this court, and the committee will be able to undertake a comprehensive assessment of all such issues as merit due contemplation,” the bench had said.

Conflict Claims

Earlier, advocate Prashant Bhushan, appearing for one of the petitioners seeking reconstitution of the HPEC, said one member — a former DGP of a northeastern state — had a "conflict of interest" because he was a close friend of a high functionary likely to come under investigation.

Senior advocate Gopal Sankaranarayanan echoed Bhushan's views before the court. Solicitor General Tushar Mehta opposed the submissions and asked the apex court to ignore the allegations.

Protest Background

The panel's remit stems from the July 20 clashes in Delhi.

The Supreme Court set up the HPEC to examine allegations of police excesses against student protesters during the Cockroach Janta Party-led march to Parliament and violence against police personnel. The court has now asked it to continue that exercise, including scrutiny of pellet guns, attacks on women protesters and damage to property.

The CJP-led march saw clashes between protesters and security personnel, who used lathis and teargas shells to disperse crowds. The agitation had begun at Jantar Mantar on June 20.

The protests ended on July 25 after then Union education minister Dharmendra Pradhan resigned and the government accepted the CJP's other demands.