New Delhi: Modifying its earlier order, the Supreme Court of India clarified on Monday that state governments and the NCT of Delhi are at liberty to close or withdraw FIRs filed against students involved in protests over the NEET paper leak controversy, provided the individuals do not face charges for grave and heinous offences.
A three-judge Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana explicitly clarified that the term “criminal antecedents” mentioned in its July 28 directive refers strictly to severe, high-grade crimes. The clarification followed submissions from senior advocates who pointed out that law enforcement agencies were using minor past infractions, such as traffic violations or routine protest-related cases, to keep criminal proceedings active against student demonstrators. Solicitor General Tushar Mehta affirmed the Centre’s commitment to avoiding prosecution of student protesters lacking serious criminal backgrounds.
During the proceedings, the apex court addressed wider concerns regarding police response during public demonstrations, including allegations of excessive force at Jantar Mantar and the use of facial recognition technology. The Bench stated its intent to formulate a standardized protocol governing the operational use of pellet guns by police forces. While considering the appointment of an independent committee or a Special Investigation Team to oversee ongoing inquiries, the court highlighted the balance between protecting citizens from police excess and ensuring hardened offenders do not evade scrutiny under the guise of student activism. Further hearings on the matter have been scheduled for August 18.
