The Supreme Court on Monday clarified that the Delhi and other States governments are at liberty to withdraw first information reports against protestors involved in the recent student protests led by the Cockroach Janata Party (CJP) in Delhi's Jantar Mantar and various other States.
A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana clarified its July 28 order which had said that police can continue prosecution of those protestors with criminal antecedents.The words 'criminal antecedent' should be read to mean grave and heinous offences, the Court clarified today.
The Court during the previous hearing had said the allegations of excesses by the police prima facie made out a case of fair and independent probe. Thus, it had proposed to constitute a high-powered committee to ensure a fair and independent probe to these incident of violence.
However, the Court had granted the Union government and Delhi Police an opportunity to place their version on record. It said that other States, where the violence took place, may also place their version on record.Accordingly, it had issued notice to the chief secretaries of Delhi , Maharashtra, Bihar, Kerala, Madhya Pradesh and Uttar Pradesh.
The petitioners also flagged use of pellet guns against protestors.The Bench then said it will lay down a comprehensive protocol on when and how it can be used."We would like to lay down a complete protocol on how and where it can be used," the Bench remarked.The Court eventually decided to wait for responses from various States before passing any order.It posted the case for consideration on August 18.
The Court was hearing a batch of petitions seeking pan-India guidelines to ensure peaceful protests are allowed. The pleas were filed in light of the recent use of force by police on protestors at Jantar Mantar in Delhi and in Bihar.Some petitions also sought action against protesters accused of assaulting police personnel during the demonstrations
When the matter was heard on July 28, the Court had ordered that no coercive action be taken against protestors.The Court had also ordered immediate release of minors detained by police across different States.However, the Court had clarified that this protection shall not extend to those with criminal antecedents.
When the matter was taken up for hearing today, Solicitor General Tushar Mehta, appearing for Delhi Police, told the Court that all FIRs against protestors can be withdrawn except against those who have criminal antecedents.
"First FIR has to be segregated. One against students and then one against hardened criminals. Then you can examine," the CJI remarked.
Senior Advocate AM Singhvi, appearing for one of the petitioners, said that the earlier order passed by the court needs clarification since it can be misinterpreted to keep criminal cases pending against protestors.Senior Advocate N Hariharan called for quashing of the cases.
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