The Supreme Court has declined to reconstitute the five-member High-Powered Enquiry Committee (HPEC) constituted to examine allegations of police excesses and violence surrounding the July protests led by the Cockroach Janata Party (CJP) at Delhi’s Jantar Mantar.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana rejected the request, observing that the objections raised against the composition and functioning of the Committee were premature since the inquiry had only recently commenced.
The Court expressed disquiet over what it termed premature and precipitate aspersions against a Committee constituted under its own supervision. It noted that the challenge to the panel was founded substantially on conjecture, particularly when the HPEC had not yet had adequate opportunity to undertake the fact-finding exercise entrusted to it.
The HPEC was constituted by the Supreme Court on August 18 under the chairmanship of former Supreme Court judge Justice R. Subhash Reddy. Its mandate extends to allegations of excessive use of force against protesters as well as allegations of violence against police and security personnel during the demonstrations.
Under the latest directions, the Committee has been asked to prioritise four broad factual areas—alleged use of pellet guns, targeted violence and harassment of women protesters, injuries and violence involving police personnel, and allegations of excessive violence and destruction of property on both sides.
The Supreme Court has, however, kept wider constitutional questions arising from the controversy outside the immediate remit of the HPEC. Such questions, the Bench indicated, would be considered by the Court independently at the appropriate stage.
The Court has also strengthened the procedural safeguards surrounding the inquiry. The identities of vulnerable witnesses are to be protected, while their statements and evidentiary material are required to be maintained with the highest degree of confidentiality. The HPEC may additionally establish a dedicated online mechanism to enable witnesses to submit documents and other material securely.
The Bench further appointed Senior Advocate Dr. Monika Gusain and Advocate-on-Record C. Solomon as amici curiae. Their role is intended to facilitate independent assistance to the Court and ensure that the proceedings remain insulated from direct contestatio
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