India
oi-Prakash KL
The Supreme Court on Tuesday indicated that a prima facie case exists for an independent inquiry into allegations of excessive force by police and Central Armed Police Force (CAPF) personnel during recent student protests over alleged exam paper leaks and other irregularities, Live Law reported.
A Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing a batch of petitions seeking registration of FIRs against police officials over their handling of demonstrations held across several states, including Delhi, Madhya Pradesh, Bihar and Maharashtra.
The Supreme Court indicated a prima facie case for an independent inquiry into alleged police and CAPF excessive force during recent student protests across Delhi, MP, Bihar, and Maharashtra, noting severe allegations like pellet gun injuries and assaults.
At the outset, Chief Justice Surya Kant referred to the serious allegations placed before the court.
“There are some allegations in all petitions…but if you broadly see…one is use of pellet guns on account of which 19 yr old boy has suffered loss of eyesight…there are instances of use of electric batons…young woman admitted to ICU…use of lathis with nails resulting in life threatening…another instance of assaulting of a media person also. yesterday it was mentioned also. He has been mercilessly assaulted…then violence perpetrated by police in civil dress. Another case of young woman being slapped by policeman without provocation…today separate petition filed regarding excessive.”
Senior Advocate Gopal Sankaranarayanan argued that the incidents were not confined to Delhi but had also been reported from Madhya Pradesh, Bihar and Nagpur. He urged the court to ensure accountability at higher levels of the police hierarchy.
The Bench observed that peaceful protests are protected under the Constitution and said the issue also required a review of existing crowd-control protocols.”It was completely a peaceful protest by students raising some demand. It was within constitutional framework.”
The Chief Justice said the allegations warranted an impartial investigation.
“There has to be completely independent probe. Whoever has committed excess, law will take its course. Probe is meaningless if no responsibility is fixed.”
The court further remarked that the inquiry should be “independent, fair, transparent”, adding that the composition of the probe panel would be decided later.
During the hearing, Senior Advocate Shyam Divan referred to allegations of pellet gun use, electric batons, tear gas, lathi charges and violence against women, while Senior Advocate Shadan Farasat informed the court that more than 150 minors were allegedly still in custody in Bihar despite the state’s decision to withdraw FIRs.
Summing up its preliminary view, the Chief Justice said:
“We can say prima facie case for independent enquiry is made out.”
Appearing for the Centre, the Solicitor General said students had every right to protest peacefully and that anyone responsible for violence should be punished. He, however, submitted that there were allegations that “miscreants” had infiltrated the protests and sought time to place the government’s version on record.
The matter will be taken up again after the Centre files its response.
Senior Advocate Gopal Sankaranarayanan, appearing for the petitioners, submitted that the allegations were not confined to Delhi.
