NEET protests: Supreme Court stays action against students, orders release of all minors

CJI: Be that as it may, the allegations made by the petitioners prima facie make out a case for an independent inquiry into the incidents of violence. Such probe will effectively address allegations made by the family members of police personnel. However before passing any such order on the basis of tentative opinion, we grant opportunity to state of Delhi and Union of India to place on record their version.

We issue notice to Chief Secretary of the States of Maharashtra, Telangana, Assam, West Bengal, Kerala, and Uttar Pradesh.

As an interim measure, we deem it appropriate to issue the following directions:

1) We direct that all CCTV footage, drone footage, body cam recordings, wireless communications to be preserved.

2) The respondents plus police authorities shall ensure that the personal information and digital data of the person captured in the CCTV footage is preserved and is not in public domain for the time being.

3) The state of Delhi or other states may continue to investigate the FIR registered, but no coercive actions shall be taken against the students.

4) All states are directed to release students below the age of 18 years who have been stated to be arrested/detained during the protests.

CJI: Several instances of violence that took place during the recent protest by the youth at Jantar Mantar and several other places in Delhi and which ultimately spread to other states like Maharashtra, Bihar, Kerala, Assam, West Bengal, and Kerala. The allegations are that excesses have been committed in violation of fundamental rights...The petitioners have placed on record a multitude of instances alleging indiscriminate and excessive use of force by the police in the National Capital Territory of Delhi that include lathi charge, use of pellet guns, and tear gas, etc. The nature of instances highlighted in this petition include:

1) Pellet guns were used that led to injuries to young students, including one boy allegedly losing his eyesight.

2) Rubber bullets were used that caused injury to various persons, including a woman.

3) Electric batons were used to disperse the crowd.

4) Lathis embedded with nails were also used resulting in permanent disability and life-threatening injuries.

The violence was allegedly perpetrated by persons who were police personnel in civil dress.

Court is recording petitioners side.

Sankaranarayanan mentions about surveillance on protestors.

Vrinda Grover: What is also required to be preserved are log books, general diary register.

CJI: We will issue directions.

SG Mehta: If students have suffered, perpetrators must be brought to book. But before that give me a couple of days to put in place facts on record.

SG Mehta: 250 policemen received injuries...Some miscreants penetrated into the student movement.

CJI: A prima facie case of independent probe is made out.

Senior advocate Abhishek Manu Singhvi begins submissions

Counsel: They were beaten . There were already dispersed. They were walking back and then they were beaten.

Senior advocate Prashant Bhushan: A person (Junaid Malik) was supplying food picked up by police and taken to Mussoorie.

CJI: We need a mechanism to ensure compliance when such an urgent situation arises.

Divan points to use of pellet guns, electric batons.

Sankaranarayanan: AK-47 used in Bihar.

Senior counsel: This gentleman was caught in a mob. It is completely untrue. He was in a mask.

CJI: Whosoever has committed excesses the law must take care of them but for that an independent and a fair probe is needed.

CJI: Protocols need to be laid down because agitation in a democracy is bound to happen.

CJI: There is an allegation based on instances, to make a prima facie case.

Senior advocate Gopal Sankaranarayanan says that there was no prohibitory orders by Delhi police.

CJI: Allegations of use of pellet guns and another instance of a young woman being admitted to the ICU, then assault on advocates. Another instance of assaulting of media persons.

Plea to be taken up shortly

A three judge bench headed by Chief Justice of India Surya Kant to shortly hear plea alleging excessive use of force against NEET protesters in Delhi and elsewhere.