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Supreme Court Orders Protection for Minor Protesters, Demands Preservation of Evidence in NEET Stir

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New Delhi: The Supreme Court of India on Tuesday issued a series of interim directions regarding the ongoing nationwide protests over the NEET-UG paper leak, ordering the immediate release of detained student protesters who are under 18 and have no criminal records. A Bench headed by Chief Justice of India Surya Kant, and including Justices Joymalya Bagchi and V Mohana, observed that allegations of police brutality against students prima facie warrant a fair and independent judicial inquiry.

In response to a batch of petitions alleging excessive force during the demonstrations, the Apex Court mandated several safeguards for students while ensuring due process for law enforcement. The Court restrained authorities from taking coercive steps against peaceful student protesters, though it clarified that this protection does not extend to individuals with documented criminal antecedents. The Bench directed all states where protests occurred to secure and preserve all digital evidence, including CCTV footage, drone recordings, body-camera feeds, wireless communication logs, and PCR records, while further ordering that this sensitive data must be protected from public dissemination.

While the Court permitted the Delhi government to continue investigations into registered FIRs, it underscored that the rights of eligible protesters must be balanced against the concerns of the over 200 police personnel reportedly injured during the unrest. To ensure transparency, the Bench has sought formal responses from the Chief Secretaries of Delhi, Maharashtra, Bihar, Kerala, Madhya Pradesh, and Uttar Pradesh regarding the allegations of misconduct.

Addressing the core issue of police conduct, the Chief Justice emphasized that neither the nature of an agitation nor the actions of specific individuals justify police excesses or indiscriminate lathi charges. The Court reiterated that the right to peaceful protest is a constitutionally guaranteed fundamental right, stating that whosoever committed excesses or took the law into their hands should be taken to task. The Court is currently weighing the possibility of constituting an independent committee or a Special Investigation Team to conduct a thorough probe into all incidents of violence surrounding the July 20 Sansad Chalo march. The government and concerned states have been ordered to place their official versions on record before the next hearing, as the judiciary seeks to reconcile the need for public order with the protection of civil liberties.

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