SC Seeks Probe Into Police Excesses During Student Protests: CJI Surya Kant

The Supreme Court stated on Tuesday that an independent investigation must be carried out to fix accountability for alleged police excesses during student protests. A bench led by Chief Justice of India Surya Kant sought replies from the Centre and seven states: Delhi, Maharashtra, Bihar, Assam, West Bengal, Kerala and Uttar Pradesh. The court stated it will take a call on an independent probe after they respond.

Pending these responses, the court prohibited action against students linked to the protests who have no criminal record. It ordered the immediate release of any detained minors.

The court also ordered the preservation of all protest-related evidence. Authorities must secure CCTV footage, camera recordings, drone recordings, bodycams and wireless communication logs.

Constitutional Right to Protest

This comes a day after a three-judge bench stated on Monday that police excesses cannot be justified merely because an agitation is held. During the hearings, Chief Justice Surya Kant said: "Right to protest, peaceful protest, lawful protest, is absolutely guaranteed under the constitutional scheme. So long as there is a peaceful allegation, there can’t be excesses".

The bench called for a "balanced" approach, noting that actions by "anti-social elements" must be penalised. Kant said: "Time has come for all formulated judicial principles to deal with situation of police excesses to be collated".

Representing the Centre, Solicitor General Tushar Mehta said the students must not have committed any crime, and the violence must have been the handiwork of anti-social elements.

The Supreme Court stated its commitment to a strict inquiry: "We will have thorough scientific probe based on evidentiary value, will tell composition of committee later".

Widespread Reports of Excesses

The nationwide demonstrations were organised under the Cockroach Janta Party (CJP) banner to protest competitive exam question paper leaks. These gatherings faced severe crackdowns from security forces, with police action at Delhi's Jantar Mantar and several other cities coming under scrutiny.

On Tuesday, Chief Justice Kant flagged the use of pellet guns and electric batons by security forces in Delhi. This response resulted in severe injuries for some, and nearly 200 people, including protesters as well as security personnel, were injured on July 20.

Clashes also escalated in Bihar, where three people were injured by police firing to quell the protests. State authorities suspended a policeman after a video of him firing an AK-47 assault rifle during a protest circulated on social media.