The Supreme Court on Friday dismissed a public interest litigation (PIL) seeking an independent investigation into FIRs registered by the Delhi Police against student protesters over the July Jantar Mantar protests, observing that the plea effectively sought a review of its earlier order quashing the FIRs.
A bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing the petition filed by L Ramanathan, who argued that the police, like the judiciary, is an independent and sovereign institution and that its investigative functions should not be interfered with.
Notably, the petition was filed before the Supreme Court passed its September 1 order quashing the FIRs.
Advocate Mathews J Nedumpara, appearing for the petitioner, questioned the maintainability of public interest litigation in the absence of actual litigants, remarking that people approached the Court as though it were their “private property”.
Responding to the arguments, the Chief Justice explained that the Court had exercised its powers under Article 142 of the Constitution after considering the circumstances of the young protesters and the potential impact of criminal proceedings on their future.
Addressing the petitioner, the CJI defended the Supreme Court’s use of Article 142 to quash the FIRs, emphasizing the need to safeguard the students’ futures and spare them from court proceedings. He further cited a recent precedent where criminal cases tied to COVID-19 pandemic protests in Himachal Pradesh were quashed, observing that citizens had reacted out of panic during an unprecedented crisis.
The bench ultimately dismissed the petition, observing that the relief sought amounted to a challenge to its earlier decision.
Addressing advocate Nedumpara, the CJI remarked that the petitioner should review the existing order, noting that the plea essentially amounted to an attempt to review the Court’s previous decision to quash the FIRs under Article 142.
The July 20 ‘Sansad Chalo’ demonstration was organised by the Cockroach Janta Party to protest against alleged NEET paper leaks and irregularities in the education system. Following the protests, the Delhi Police registered multiple FIRs against students and others over alleged violence.
On August 3, the Supreme Court clarified that authorities could close or withdraw FIRs registered against students in connection with the protests. The withdrawal of the FIRs was also a precondition agreed to by the Union Government during negotiations with CJP leaders to end the nationwide protests.
In his petition, Ramanathan sought a declaration that the police should be allowed to independently maintain law and order, investigate offences and bring offenders to justice. He also sought directions to the Union Government, the Delhi Police Commissioner and the Delhi Government to ensure a fair, independent and lawful investigation into the FIRs.
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