The Supreme Court of India has issued a directive to halt coercive measures against individuals involved in student protests organized by the Cockroach Janata Party (CJP) at Jantar Mantar in Delhi and other states. A bench led by Chief Justice of India (CJI) Surya Kant, along with Justices Joymalya Bagchi and V Mohana, has mandated the immediate release of minors detained during these protests. However, this protection does not extend to individuals with criminal records.
The court acknowledged allegations of excessive force by the police, suggesting that a fair and independent investigation is warranted. Consequently, it proposed the formation of a high-powered committee to probe incidents of violence. Before proceeding, the court has provided the Union government and the Delhi Police an opportunity to present their perspectives. Notices have been dispatched to the chief secretaries of Delhi, Maharashtra, Bihar, Kerala, Madhya Pradesh, and Uttar Pradesh, inviting them to submit their accounts.
In its directive, the Supreme Court emphasized the preservation of all relevant CCTV footage, drone recordings, wireless communications, and other records related to the protests. The justices also ruled that digital data about the protestors recorded by the police should not be publicly disclosed. “No personal data, details of protesters to be published,” the court ordered.
During the hearing, the court took note of allegations that law enforcement used pellet guns, rubber bullets, electric batons, and lathis embedded with nails, resulting in injuries to several students, including one boy who allegedly lost his eyesight. It was also noted that police personnel in civilian attire were present during the protests. Solicitor General Tushar Mehta claimed that criminals had infiltrated the protests, causing injuries to police officers.
The bench remarked on the necessity for updated protocols for handling protests, suggesting that a systematic approach needs to be established for managing such situations in a democracy. “These agitations in democracy are bound to be,” noted CJI Kant, highlighting the need for a thorough and transparent investigation. However, the court clarified that it would not directly investigate these allegations but would appoint a high-powered committee for the purpose.
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The court was addressing a series of petitions advocating for nationwide guidelines to ensure the peaceful conduct of protests. These petitions arose following reports of police force against protestors at Jantar Mantar and in Bihar, with some also seeking action against demonstrators accused of assaulting police personnel.
The protests, initiated in June by the CJP in response to recurring question paper leaks, called for the resignation of Union Education Minister Dharmendra Pradhan, who ultimately resigned. The movement gained momentum when climate activist Sonam Wangchuk joined, initiating a hunger strike. Wangchuk was eventually removed to a hospital due to health concerns, ending his 26-day hunger strike later in July.
The protests witnessed severe police action, including baton charges and teargas shelling, particularly during the “Sansad Chalo” march to the Parliament. In Bihar, similar protests saw police using an AK-47 against demonstrators, leading to widespread discontent.
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Senior Advocate Gopal Sankaranarayanan, representing some petitioners, emphasized the need for accountability, highlighting the absence of prohibitory orders around Jantar Mantar. He advocated for an independent probe under a former CJI’s supervision. Meanwhile, Senior Advocate Shyam Divan pointed to incidents in Maharashtra where police allegedly threatened protestors.
Solicitor General Tushar Mehta, representing the Union government, expressed support for a neutral investigation. He acknowledged the right to peaceful protest but emphasized that any legal violations should be addressed. Mehta also highlighted the participation of alleged criminals in the protests, suggesting that the truth must emerge for judicial consideration.
The Supreme Court is scheduled to continue hearing these petitions, focusing on allegations of police excess and brutality, as well as seeking uniform guidelines for managing public protests.
