Booked over NEET paper leak protest, 49 get interim relief from Allahabad High Court

The petitioners had approached the court seeking quashing of FIR registered against them on June 8 in Jalaun district over NEET paper leak protests.

NEET protests Allahabad High courtThe court granted relief to the petitioners. (Image generated using AI)

The Allahabad High Court recently granted interim protection from arrest to 49 persons booked under the unlawful assembly provision during a June 8 protest over the NEET paper leak and rising prices.

A division bench of Justices Rajeev Misra and Dr Ajay Kumar-II passed the order on August 19 while hearing a plea filed by 49 persons challenging an FIR registered against them at Kotwali Orai police station in Jalaun district. The FIR was registered under Sections 189 (2) (unlawful assembly) and 223 (disobedience to order duly promulgated by public servant) of the Bharatiya Nyaya Sanhita, 2023.

“Considering the facts and circumstances of the case and also the submissions urged by the learned counsel for petitioners in support of present writ petition as noted herein above, as an interim measure, it is hereby provided that until further orders of this Court petitioners shall not be arrested in Case Crime No. 321 of 2026, under Sections 189(2), 223 of BNS, Police Station- Kotwali Orai, District- Jalaun,” the order read.

‘Matter requires consideration’

The petitioners told the court that some of them were students from weaker sections of society and had been peacefully protesting against the leak of the medical entrance examination paper and the rise in the basic price index. They alleged that the criminal case was motivated by political vendetta and that their prosecution was malicious and not bona fide.

The state opposed the petition. However, the court noted that the additional government advocate representing the state could not dislodge the factual and legal submissions of the petitioners in support of their plea.

“Having heard the learned counsel for petitioners, the learned AGA representing State/respondents 1, 2 and 3 and upon perusal of record we find that matter requires consideration,” the court said.

The court issued notice to the first informant and directed the respondents to file their counter affidavits within four weeks. The petitioners were given two weeks thereafter to file their rejoinder affidavits. As an interim measure, the bench directed that the petitioners shall not be arrested in connection with the FIR until further orders of the court.

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The court directed the matter to be listed for admission before the appropriate bench on October 7, 2026.

Supreme court’s order

Earlier this month, a three-judge bench of the Supreme Court led by Chief Justice of India Surya Kant had said the respective state governments can close or withdraw cases against students booked for participating in protests against paper leaks in Delhi and other states. This relief, however, would not extend to those named in “grave and heinous” criminal cases in the past, the bench underlined.

The bench comprising CJI and Justices Joymalya Bagchi and V Mohana had passed the order while hearing a batch of pleas alleging police excesses during the July 20 Sansad Chalo march to Parliament.

 

Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More

 

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