The Supreme Court today clarified that the Delhi government and various state governments are free to close or withdraw FIRs registered against protesters involved in the recent student protests at Delhi’s Jantar Mantar and elsewhere in the country.
A three-judge Bench led by Chief Justice Surya Kant explained that its 28th of July order permitting the prosecution of protesters with “criminal antecedents” was intended to apply only to those accused of grave and heinous offences. The top court was hearing pleas alleging excessive police action against students who participated in protests at Jantar Mantar on 20th of July and at other places across the country over the NEET examination paper leak issue. Families of injured police officers had also approached the top court seeking action against protesters for allegedly assaulting police personnel.
As the hearing commenced, Solicitor General Tushar Mehta, appearing for the Centre, told the top court that while the government stood by its assurance to facilitate the withdrawal of cases against students, there was some confusion over the legal terminology. He explained that criminal law does not provide for the withdrawal of an FIR as such. Instead, the appropriate legal course would be to file a closure report, move an application to withdraw the prosecution, or seek quashing of the proceedings before the competent court.
In response, Chief Justice Surya Kant said the court would lay down a protocol governing the circumstances and manner in which pellet guns may be used. The Bench also said it was considering the formation of a Special Investigation Team (SIT) comprising police officers to investigate the allegations of police excesses, or alternatively, the appointment of a committee headed by a retired judge. The apex court posted the matter for further hearing on 18th of August.
