CJP protests: Supreme Court to form high-powered panel to probe police excesses, violence against cops

The Supreme Court on Tuesday said that it will constitute a committee comprising a former Supreme Court judge, a former chief justice of a High Court and a senior retired police officer to look into the issues arising out of Cockroach Janta Party (CJP) protests, including the police excesses and violence against police personnel.

A Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana said the high-powered panel will be entrusted with the task of fact-finding and asked to submit periodic reports so that the Court can pass necessary directions.

"We will provide all necessary infrastructure facilities to the committee. We are quite sure that the committee will give an immediate voice and audience to any victim who approaches it. We will await the recommendations which the committee will make from time to time, and the necessary legal consequences must follow," the Bench said.

The Court also said that the committee will look into the allegations concerning sexual assault and online harassment of female protestors and victimisation of other vulnerable persons through social media.

"Whosoever is responsible, there can be no excuse and no justification. It must be taken seriously and taken to its logical conclusion. That is why we are constituting a high-powered committee. The committee will look into each and every aspect of these matters," CJI Kant said.

The Court was hearing a batch of petitions concerning protests at Jantar Mantar and in Bihar and other parts of the country over alleged leaks of NEET and other examination papers.

It said that the petitioners will be asked to either directly approach the committee or place the issues being raised by them before the Court

However, the Bench said the constitutional questions concerning facial recognition technology, surveillance and privacy will ultimately be decided by the Court itself, and not by the committee.

"The committee can examine the factual questions, including whether the use of force was excessive. Pursuant to its report, the larger legal and constitutional questions concerning facial recognition technology will be considered by this Court," it said.

Today, the Court also said that it will consider using its powers under Article 142 (extraordinary power of Supreme Court to do complete justice) to quash the FIRs involving students but the cases involving persons with serious criminal antecedents can be dealt with separately.

Solicitor General Tushar Mehta agreed that FIRs against the student protesters must be quashed. However, he said that persons with serious criminal antecedents also had infiltrated the protests and they must be investigated.

It was submitted that 2,873 persons were found to have serious criminal antecedents, including charges of murder, attempt to murder, dacoity, rape and offences under Protection of Children from Sexual Offences (POCSO) Act.

CJI Kant said that the State governments can submit the list of FIRs where only students are involved.

"The law is well settled regarding the power of this Court and we can exercise that power. As regards FIRs involving persons who you say have criminal antecedents, we had qualified that expression on the last occasion," the Court said.

A lawyer representing a petitioner seeking action against protestors said that they had unlawfully attempted to march to the Parliament. The Court said the foundation of criminality will have to be seen from the object and purpose for which the students had gathered.

"Let us not forget their rights under Article 19. So long as there is no intention to violate the law and the object is to hold a protest peacefully and lawfully to raise a voice concerning certain demands which they expect the authorities to consider. Those cases are completely distinguishable from cases involving hardened criminals entering such a peaceful gathering and indulging in violence," CJI Kant added.

When the counsel said that the Court's leniency may be portrayed as its weakness, CJI Kant said,

"We are not going into the emotional side. This is a question concerning their lives and futures. Their parents are spending their hard-earned money on their education. They have a future to live. They have legitimate expectations from the system."

Senior Advocates N Hariharan, Menaka Guruswamy, Gopal Sankarnarayan and Shadan Farasat appeared in the matter. Advocates Vrinda Grover and Rizwan Ahmad also made submissions.

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