CJP protests: Supreme Court mulls panel with ex-judge, former CBI chief

The Supreme Court said the high-powered committee will look into all issues arising out of the CJP protests in Delhi last month, including sexual assault and online harassment allegations.

cjp protest supreme courtCockroach Janta Party (CJP) protesters clashed with the police near Jantar Mantar in New Delhi last month. (Express photo by Praveen Khanna)

The Supreme Court on Tuesday proposed setting up a high-powered committee to investigate all issues arising out of last month’s protests following the NEET-UG question paper leak.

A three-judge bench presided over by Chief Justice of India (CJI) Surya Kant indicated that the panel would comprise one of its former judges, an ex-high court Chief Justice, and a Director General of Police-rank retired police official.

The bench, also comprising Justices Joymalya Bagchi and V Mohana, said it had already secured consent from a former Central Bureau of Investigation (CBI) chief as well as a retired state police chief for the assignment.

“We have obtained consent of a former director general of CBI to be a member, a very eminent officer who retired a couple of years back. We have also obtained consent of a former director general of police of a state, which has nothing to do with this. He is also a retired officer,” the CJI said.

CJI Kant told the parties that the two options were kept open as the court did not want anyone to raise any allegations in the future against the presence of the CBI official. “We don’t want to disclose the names because we don’t want any embarrassment to the officials. Out of the two, who do you think we should include in the committee? Or you leave it to us,” the CJI said.

The court said that if the parties provide their suggestions on the committee’s terms of reference, the order may be out on Wednesday itself. “Once your suggestions come, we will be able to release the order tomorrow,” the CJI said.

“We are quite sure that the committee will give an immediate voice and audience to any victim who approaches it,” the CJI added. “We will await the recommendations which the committee will make from time to time, and the necessary legal consequences must follow.”

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The Cockroach Janta Party (CJP)-led July 20 student protest and march in Delhi saw clashes between protesters and security personnel, who used lathis and tear gas to disperse crowds marching to Parliament. There are also allegations of security forces using pellet guns and surveilling students using facial recognition technology.

Panel will look into all issues: CJI

To a counsel representing a woman, who alleged she was being attacked on social media for participating in the protest, the CJI said the committee will look into allegations concerning sexual assault and online harassment and victimisation of other vulnerable persons through social media.

“Whosoever is responsible, there can be no excuse and no justification. It must be taken seriously and taken to its logical conclusion. That is why we are constituting a high-powered committee. The committee will look into each and every aspect of these matters,” CJI Kant said.

Solicitor General Tushar Mehta, appearing for the Centre, said that facial recognition technology employed at the site only registers the details of those who already have criminal records and that except for 2,873 such individuals, who have grave cases involving grievous offences of murder, rape, abductions, etc., the cases against others can be quashed.

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“FIRs against student protestors must be quashed. How to do… your lordships can decide. Anti-social elements who infiltrated have to be probed,” he said.

Senior Advocate Vrinda Grover demanded compensation for two people who allegedly suffered pellet gun injuries.

Another counsel appearing for families of police personnel injured in the violence said they too should be provided compensation.

Senior Advocate Shadan Farasat, appearing for a petitioner, said, “There are certain individual police officers in respect of whom videos are available. There are police personnel putting lathis in the buttocks of women”. He said that there should be some immediate action against them without waiting for the outcome of the committee’s probe.

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‘Send strong message to police’

Backing this, Senior Advocate Gopal Sankaranarayanan, also appearing for a petitioner, said, “A very strong message has to be sent to police people who behave in this fashion”. Referring to the reply filed by the police in response to the petitions, he said, “There is an admission that police were in plainclothes, there is an admission that action was taken…” but “There is complete silence about any administrative action being taken (against those personnel).”

He said, “Let them at least disclose what administrative action they have taken because once they have started violating women who are protesting with this kind of sexual and disgusting activity, I want some responsibility to be taken by individuals who are responsible for that chain of action.”

However, the CJI said, “If we start examining or giving opinion or direction, then probably we will be curtailing the role of the high-powered committee…Committee will deal with the issues one by one. There are issues which require immediate attention. There are other issues, for eg., laying down the guidelines, laying down the protocol for use of (force)…”.

The petitioners said they would submit a note with suggestions on what immediate directions are necessary.

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The CJI said the court will also ask the authorities to hand over all digital and other materials which it had directed to be preserved to the committee.

‘Let protesters apologise’

Advocate Rizvan Ahmed, appearing for a petitioner who has opposed the withdrawal of cases, said the protesters were yet to express any remorse. He suggested that the cases should not be withdrawn unless they file affidavits expressing apology.

Ahmed said that under the law, there are only two categories of protests: lawful and unlawful. The July 20 Parliament march being unlawful, the participants cannot escape liability, he submitted.

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 26 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with the daily newspaper, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

 

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