‘Credit to both sides’: Supreme Court scraps all FIRs against NEET protesters

Its key demand met, CJP calls off September 5 march; Police free to act against those with criminal records

Cockroach Janta Party, CJP, spokesperson Saurav Das, address media at the Supreme Court Lawns at New Delhi. (Express photo by Abhinav Saha)Cockroach Janta Party, CJP, spokesperson Saurav Das, address media at the Supreme Court Lawns at New Delhi. (Express photo by Abhinav Saha)

Meeting a key demand of the Cockroach Janta Party (CJP) which spearheaded the Jantar Mantar protests in New Delhi over exam paper leaks, the Supreme Court, acting Tuesday on requests by the Centre and some states, used its extraordinary powers under Article 142 of the Constitution to quash FIRs registered across the country against students who participated in the protests.

Following the order, the CJP called off a protest march scheduled for September 5 in New Delhi.

“All the FIRs… are hereby quashed,” ordered a three-judge bench, comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana, allowing applications filed by Delhi Police and the states of Maharashtra, Bihar, Assam and West Bengal.

On being told that states like Madhya Pradesh and Uttar Pradesh too had registered FIRs against the protesters but had not approached the court for their quashing, the bench directed that “if there is any other FIR registered with respect to the same incidents of protests between July 20-25, 2026, in any state/Union Territory which has not been formally brought to our notice, (they) shall not be pursued or investigated and such FIRs be taken as closed for all intents and purposes”. It said “no state/UT shall register any fresh FIR in relation to incidents of protests between July 20-25”.

The bench said it was exercising Article 142 powers “keeping in view the future” of young protesters who “bonafidely came to protest”. “We find it a fit case to invoke Article 142. These applications are allowed,” it said.

It, however, permitted the Central government/Delhi Police to register a fresh FIR in respect of 2,873 individuals with criminal records who were allegedly present at the protest sites.

The Delhi Police had told the court earlier that 2,873 individuals with serious criminal charges against them including those related to “murder, attempt to murder, dacoity, rape, POCSO etc” were at the protest sites.

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“Such FIR shall be registered without prejudice to rights of parties to take lawful recourse,” the bench said.

The CJP informed the bench that it was withdrawing its call for a protest march on September 5.

“As co-convenor of the Cockroach Janta Party (CJP), I want to state that in view of the positive assurances of the Government of India and the judicial sanctity bestowed upon them today, and in view of the order being passed by this Hon’ble Court, the CJP deems it appropriate to withdraw the call for the march on 5th September and looks forward to the compliance of today’s order,” CJP spokesperson Saurav Das, who was present in the courtroom, said, reading from a statement.

Taking note, the bench said “in light of the above directions, both sides shall abide by statements and commitments made before this court”.

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“This order invoking Article 142 is subject to the condition that both sides shall abide by the understanding arrived at. These directions, being issued in peculiar facts and circumstances, shall not be treated as a precedent,” it said.

Appearing for the Centre and states, Solicitor General Tushar Mehta recalled the discussions between the Central government and protesters to end the July protests and the assurances given to the latter. He said there was some apprehension in the minds of the protesters about the assurances, and that the government remained committed to fulfilling them.

He urged the court to also quash FIRs registered in states and Union Territories even though they may not have approached the court.

Mehta urged the court to give the government three months to work out the modalities for grant of compensation to the families of the students who took their lives following the exam paper leak. He then asked Das to respond.

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After Das read out his statement, the CJI said, “Fair enough from their side… If both sides will show a good gesture, then any, all issues can be resolved one by one… There is nothing in the world which is too complicated that it (cannot be resolved).”

Accepting the Centre’s request for time to work out the modalities for payment of compensation, the bench said, “The Central government is directed to formulate the modalities and policy with respect to payment of compensation on a pan-India basis. Such model policy may be circulated to all the State Governments/Union Territories in consultation with all the State Governments/Union Territories, and such a framework may then be adopted by all the State Governments and Union Territories as a regular mechanism of compensatory measures. As regards to the students who committed suicide in respect of NEET 2026, the Central government shall pay compensation to the affected families after the policy is formulated, within a period of three months.”

Towards the end of the hearing, Das thanked the bench. “I just want to thank the court for doing what it did today. It’s historic.”

The CJI replied: “You have also shown a very good gesture. Credit to both sides. In a way, as an institution, we are thankful that a very constructive environment has been created which will help youngsters.”

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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