CJP Protests: Supreme Court refuses to reconstitute panel probing violence

The Supreme Court recently refused to reconstitute the High-Powered Enquiry Committee (HPEC) which is examining the violence that broke out during the July Cockroach Janata Party (CJP) student protests at Jantar Mantar.

A Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana declined an application filed by certain parties to reconstitute the HPEC noting that their objections to the panel were premature.

"We are constrained to observe, with some measure of disquiet, that aspersions have been cast upon the HPEC in a manner that is both premature and precipitate", the Court said in its order.

The Court said the request was based on mere conjecture as the HPEC has only just begun its enquiry.

"It must be understood by one and all that the HPEC has been constituted to assist this Court with the highest standards of fairness and transparency and with a dispassionate approach. The HPEC is not created to espouse the causes of one or the other party before us," the Bench said.

The five-member HPEC was constituted by the Court on August 18. The Committee, chaired by former Supreme Court judge Justice R Subhash Reddy has been tasked with examining allegations of excessive police force against protestors at Jantar Mantar and elsewhere, and of violence against security personnel. The Committee will report directly to the Court and function under its supervision.

In the most recent order, the Court issued the following additional directions:

• HPEC to first examine the use of pellet guns, targeted violence and harassment of female protestors, and excessive violence and destruction of property on either side;

• Broader constitutional questions to be decided by the Court at the appropriate stage;

• Identities of vulnerable witnesses to be kept confidential, with "utmost confidentiality" over their statements and evidence;

• A separate online portal may be created for witnesses to submit documents and evidence in a confidential manner;

• Nodal counsel to only assist the Court and not act as a line of communication between the HPEC, the Court and the parties;

• Senior Advocate Dr. Monika Gusain and Advocate-on-Record C Solomon appointed as amici curiae to act as independent arbiters between the parties;

• HPEC to appoint a Member Secretary and submit its first report at the earliest.

Regarding concerns raised about a particular 14-year-old protestor, the Court recorded submissions that several threats had been made to her life and that of her family, "occasioning grave and continuing apprehension as to the safety of both her and her family."

The Court also noted allegations that the Delhi Police had taken no action against the alleged miscreants and proceeded to direct the police to provide necessary protection to the child and her family.

"We direct the Delhi Police to assess the threat perception and provide the necessary protection to the said child and her family so as to secure her safety, and to expeditiously conduct an investigation against such anti-social elements who are allegedly threatening or harassing her and her family," the Court directed.

The Delhi Police was also directed to file a status report regarding the same before the next date of hearing which is scheduled for October 9.

[Read Order]