‘We have to see their future’: Supreme Court rejects plea for free hand to Delhi Police in dealing with protesters

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The Supreme Court on Friday rejected a plea seeking directions to give the Delhi Police a free hand in dealing with protesters, observing that the future of young students and the concerns of their families must be considered before subjecting them to prolonged legal proceedings.

A bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana dismissed a petition seeking an investigation into the FIRs registered against student protesters following the July demonstrations at Jantar Mantar. The court observed that the relief sought effectively amounted to a review of its earlier decision to quash the cases.

CJI Surya Kant said the court had to consider the young protesters’ future, their families and the prospect of them being drawn into prolonged legal proceedings.

The bench clarified, however, that its earlier protection did not extend to people alleged to be hardened criminals or those accused of serious offences.

Supreme Court explains rationale behind its earlier order

The CJI said the Supreme Court had exercised its powers under Article 142 of the Constitution to quash the FIRs after considering the circumstances of the student protesters and the potential consequences of criminal proceedings for their future.

“You say we should not have invoked Article 142 and quashed FIRs. Please appreciate, these are young students. We have to see their parents as well as their future. We don't want them to have to come to court,” the CJI observed.

The bench also referred to a recent order quashing criminal cases in Himachal Pradesh arising from public protests held during the Covid-19 pandemic.

The CJI cited protests in Himachal Pradesh during the Covid-19 pandemic, noting that demonstrators had staged sit-ins and damaged public property, but their actions needed to be viewed in the context of the unprecedented crisis people were facing at the time.

The court noted that while the High Court had declined to quash the FIRs in the present matter, the Supreme Court had intervened after considering that the protesters were young students and not hardened criminals.

Plea sought independent investigation into FIRs

The bench was hearing a public interest litigation filed by L Ramanathan, who sought directions to ensure that investigations into the FIRs registered over the protests were conducted independently, fairly and in accordance with the law.

The petition sought a declaration that the police, like the judiciary, was sovereign and independent in maintaining law and order, investigating offences and bringing the guilty to justice. It argued that the police's functions should not be interfered with unless its actions were contrary to law, a question it described as a disputed matter of fact.

The petitioner sought directions to the Union government, the Delhi Police Commissioner and the Delhi government to ensure a fair and lawful investigation. Filed before the Supreme Court's September 1 order, the plea was ultimately dismissed.

The CJI told Nedumpara that the petitioner should refer to the court’s earlier order, observing that the plea effectively amounted to seeking a review of its decision to quash the FIRs under Article 142.

July 20 Jantar Mantar protest

The cases arose from the July 20 ‘Sansad Chalo’ demonstration organised by the Cockroach Janta Party over alleged NEET paper leaks and irregularities in the education system. The Delhi Police registered multiple FIRs against students and other protesters following allegations of violence.

After widespread public outrage, the Supreme Court clarified on August 3 that authorities could close or withdraw FIRs registered against students in connection with the demonstrations. Withdrawal of the cases was also a precondition agreed to by the Union government during negotiations with CJP leaders to end the nationwide protests.