The Supreme Court on Tuesday said it would constitute a Special Investigation Team (SIT) to inquire into allegations of violence during the recent student protests over examination-related issues. The Court also directed the immediate release of students detained in connection with the protests if they have no criminal antecedents.
A Bench led by Chief Justice of India Surya Kant observed that allegations of excesses by law enforcement, as well as incidents involving attacks on police personnel or damage to public property, required an impartial investigation. Stressing the need for a fair fact-finding process, the Bench said an independent SIT would be constituted to ascertain the sequence of events and identify those responsible.
Pending the probe, the Court ordered the authorities to release all detained students who do not have any prior criminal record. It further restrained the police from taking coercive action against such students and directed that their personal digital information should not be disclosed or circulated.
The Court was hearing petitions alleging that police used excessive force while dealing with students protesting against alleged irregularities in a national entrance examination. The petitioners contended that peaceful demonstrators were subjected to unlawful detention and physical force, while the authorities maintained that the police had acted to maintain public order.
During the hearing, the Bench underscored that the right to peaceful protest is protected under the Constitution and cannot be curtailed through disproportionate use of force. At the same time, it made it clear that any individual found responsible for violence against police personnel or destruction of public property would also be held accountable in accordance with law.
The Court observed that the investigation should be independent and inspire public confidence, adding that accountability must extend to every person responsible for any excesses committed during the protests, irrespective of whether they belonged to the police or the protesters.
The matter will now be listed for further hearing after the Court issues formal directions regarding the constitution of the SIT and receives responses from the concerned authorities.
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