NEW DELHI, Sept 1: Invoking its powers under the Article 142 of the Constitution, the Supreme Court on Tuesday ordered quashing of all FIRs registered against the students who had participated in the July Cockroach Janta Party (CJP) –led country-wide protests against alleged NEET-UG question paper leaks with fresh FIRs against the history-sheeters.
The order, passed by a bench headed by Chief Justice of India (CJI) Surya Kant, covers FIRs registered against students in Delhi, Assam, West Bengal, and Bihar in connection with the protests.
The SC order was greeted by the student protesters by withdrawing the proposed September 5 march by the CJP in the national capital which they had announced earlier to protest against the centre’s “failures” to fulfil the promises made to the students after the CJP had called off the Jantar Mantar protest “in good faith.”
As the Bench assembled to hear the Delhi Police’s application to invoke plenary powers under Article 142, the CJP spokesman Saurav Das informed the CJI that the outfit has decided to call off its planned September 5 protest march. Mr Das said the decision was taken after “assurances” from the Centre regarding withdrawal of FIRs and compensation to victims.
Appreciating the Centre’s response, Das told the court: “In view of the positive assurances of the Government of India and the judicial sanctity bestowed upon them today, and in view of the order being passed by this Court, the CJP deems it appropriate to withdraw the call for the march on September 5 and looks forward to compliance with today’s order. I also thank the Court for this decision and the learned counsel on both sides.”
The Supreme Court’s intervention effectively provides broad relief to students who took part in the protests, while maintaining an exception for those with an existing criminal record.
The Chief Justice noted that thousands of students had participated in demonstrations at Jantar Mantar and surrounding areas in Delhi between July 20 and 25. According to the court, the Delhi Police had registered a total of 13 FIRs in connection with the protests. The CJI said, “From 20 to 25 July, thousands of students participated in the agitation at Jantar Mantar and surrounding areas. The police registered a total of 13 FIRs.”
The court, however, clarified that the relief would not extend to individuals with previous criminal records. The Delhi Police will continue proceedings against 2,873 people who have existing criminal cases or prior criminal records. “We are told that the Delhi Police will register fresh FIRs against 2,873 persons with previous criminal records. No other fresh FIR will be registered,” Chief Justice Surya Kant said.
Shortly after the CJP withdrew their call for a march on September 5, Union Minister and senior BJP leader J.P. Nadda on Tuesday reiterated the Centre’s assurance over withdrawal of FIRs in connection with the NEET-UG paper leak protests in Delhi in July.
His remarks came shortly after the Supreme Court quashed all the FIRs registered against students who participated in the CJP-led protests from July 20-25 across the country, prompting the outfit to call off its September 5 march in the national capital.
Welcoming the CJP’s move, Mr Nadda said no stringent action would be taken against those who participated in the July 20 protest. “In line with this, we consulted all BJP-ruled States and they also assured to withdraw FIRs against CJP protesters,” Mr Nadda said. The Union Minister also said the welfare and progress of the country’s youth remained the government’s utmost priority.
The CJP had announced a march in Delhi on September 5 from India Gate to the Delhi Police headquarters over the Centre’s alleged failure to honour the promises made during the Delhi protests, particularly those related to the withdrawal of FIRs against the demonstrators.
The Bench then proceeded to hear Solicitor General Tushar Mehta who urged the Supreme Court to use its powers to close all FIRs against NEET protesters during July 20-July 25 across the country. He told the bench that the Centre was committed to honour the assurance given to the CJP leaders and provide compensation to the families of students who ended their lives after the cancellation of the NEET exam.
Mr Mehta told the court that the government would pay compensation to families of the students who died and sought three months to work out the modalities.
The Bench then directed the quashing of all relevant FIRs registered between July 20 and July 25 and said that “any other FIRs registered with regard to incidents which happened between July 20 and July 25 in any other States/Union Territories, including those not formally brought before the court, shall not be investigated and be closed for all intents and purposes.”
Noting that the Centre shall be at liberty to ask the States and UTs to not register any fresh FIR, the Bench allowed Delhi Police to file fresh FIR against 2,873 individuals without prejudice to the rights of these individuals.
The Supreme Court also asked the Centre formulate the modalities for compensation scheme for protesters who were injured in police action. The scheme, once finalised shall be adopted by the States and UTs as a regular mechanism in such situations.
The Supreme Court had earlier constituted a high-powered enquiry committee headed by former Supreme Court Judge Justice R. Subhash Reddy to probe issues and allegations, including those of police excesses against students surrounding the nationwide protests against NEET-UG paper leaks.