New Delhi: The Supreme Court on Tuesday directed the release of students arrested or detained during the recent nationwide protests over examination related issues, including the NEET paper leak, provided they have no criminal record. The court also ordered that no coercive action be taken against such students while indicating that an independent investigation may be required into allegations of violence involving both protesters and police personnel.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana passed a series of interim directions while hearing petitions alleging police excesses during the protests.
The court instructed authorities to preserve all CCTV footage, drone recordings, body worn camera footage, wireless communication records and PCR logs related to the incidents. It also directed that the personal information and digital data of student protesters should not be made public during the course of the proceedings.
Observing that the allegations presented before it warranted closer scrutiny, the bench sought responses from the Union government and the states of Assam, Bihar, West Bengal, Uttar Pradesh, Madhya Pradesh, Maharashtra and Kerala. The court also indicated that a Special Investigation Team headed by a retired Supreme Court judge could be constituted to ensure a fair and transparent inquiry.
During the hearing, the bench referred to allegations including the use of shock batons, pellet gun injuries, assaults on lawyers, violence by police personnel allegedly dressed in civilian clothes and injuries suffered by a 19 year old girl. It also took note of petitions filed on behalf of injured police personnel, stating that an independent investigation would determine responsibility wherever excesses had occurred.
The Solicitor General informed the court that nearly 250 police personnel were injured during the protests and agreed that any attack on students was a serious matter requiring an impartial investigation. The protests began on July 20 over alleged irregularities in examinations, including the NEET paper leak.
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