NEW DELHI: The Supreme Court on Tuesday closed all FIRs registered against students who took part in protests led by the Cockroach Janta Party (CJP) between July 20 and 25, prompting the organisation to withdraw its proposed September 5 march in the national capital.
A three-judge bench headed by Chief Justice of India Surya Kant invoked its powers under Article 142 of the Constitution to bring the criminal proceedings against the student protesters to an end, citing their future prospects.
“Keeping in view the future prospects of the young protestors, we invoke our powers under Article 142 of the Constitution to do complete justice,” the bench said.
The court also clarified that any FIR registered in connection with the same protests during the July 20-25 period in any state or Union Territory, but not placed before it, would not be pursued and would be treated as closed.
The bench, also comprising Justices Joymalya Bagchi and V Mohana, however, accepted the Centre’s request to allow Delhi Police to register a fresh FIR against 2,873 people who were present at the Jantar Mantar protest and were stated to have serious criminal antecedents.
The court said the fresh case could be pursued to ascertain the role, if any, of these individuals in offences involving bodily harm or damage to property.
Compensation for families
The apex court also directed the Centre to formulate a pan-India policy for providing compensation to families of students who died by suicide in connection with the NEET paper leak controversy.
The Centre was directed to work out the modalities and provide compensation to the affected families within three months.
During the hearing, Solicitor General Tushar Mehta told the court that the Union government was committed to assurances given to the CJP, including that police in Delhi and other states would not pursue FIRs arising from the protests.
He also said the Centre stood by its commitment on compensation, while seeking time to finalise the implementation mechanism.
CJP withdraws September 5 protest
CJP co-convener Saurav Das appeared before the bench and announced that the organisation would withdraw its proposed September 5 march in Delhi in view of the court’s order and the assurances given by the government.
“As co-convener of the CJP, I want to state that 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, Ms. Vrinda Grover and the Solicitor General, for their efforts,” Das said.
The bench recorded the statements of Mehta and Das and said it had exercised its extraordinary jurisdiction in view of the particular circumstances of the case. It expressed the hope that both sides would honour their respective commitments.
The CJP had announced the September 5 march, which falls on Teachers’ Day, alleging that the Centre had failed to fulfil assurances made on July 25 that had led to the withdrawal of its 36-day agitation over alleged irregularities in examinations and the NEET paper leak.
The organisation had said the proposed march would involve families of students who died by suicide following the cancellation and subsequent re-test of NEET, besides those who alleged police excesses during the July protests.
2,873 people under scrutiny
The Supreme Court was hearing an application by Delhi Police seeking closure of 13 FIRs registered against students who participated in the protests, while seeking permission to register a separate case against 2,873 individuals.
According to the police application, the decision to discontinue the existing cases followed the Centre’s July 25 decision to accept the demand.
The application said the 2,873 individuals were prima facie identified as being present at Jantar Mantar and having serious criminal antecedents based on the National Crime Records Bureau database. Police sought permission to investigate their alleged involvement in offences relating to bodily harm and destruction of property.
The court had earlier constituted a high-powered committee headed by former Supreme Court judge Justice R Subhash Reddy to examine allegations linked to the nationwide NEET-UG protests, including claims of police excesses against students.
The July 20 CJP-led demonstration in Delhi had witnessed clashes between protesters and security personnel. Police used lathis and tear gas to disperse demonstrators attempting to move towards Parliament.
The student agitation, which began at Jantar Mantar on June 20 and subsequently spread to several cities, included a demand for the resignation of the then Union Education Minister Dharmendra Pradhan.
The protest was called off on July 25 after Pradhan resigned and the government agreed to the CJP’s other demands.