The Supreme Court will hear on Monday a Public Interest Litigation (PIL) seeking registration of First Information Reports (FIRs) against personnel of the Delhi Police and the Central Armed Police Forces (CAPF) over the alleged use of excessive force against students participating in the Cockroach Janata Party (CJP)-led protests at Jantar Mantar in Delhi from July 20 onwards.
The petition sought an independent investigation into the alleged incidents of police excesses, preservation of electronic evidence, including CCTV footage, body-camera recordings and other digital material, along with compensation for protesters who allegedly sustained injuries during the demonstrations.
According to the plea, peaceful student protesters were subjected to disproportionate police action, including lathi-charge, physical assault, use of tear gas and unlawful detention. It further alleged that unidentified persons in civilian clothes assaulted demonstrators in the presence of police personnel, necessitating an independent and impartial investigation into the incidents.
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o substantiate its allegations, the petitioner has placed on record a pen drive containing around 100 videos, photographs and other electronic material, claiming that the evidence documents incidents of police violence, assaults on protesters, detentions and other events during the protests. The plea seeks directions for preservation of all electronic evidence, including CCTV footage, drone recordings, body-camera footage, police wireless communication logs, deployment orders and social media videos, to prevent destruction, alteration or tampering of evidence.
The petition further seeks the constitution of an independent judicial inquiry or an investigation by an independent agency to examine allegations of excessive use of force by law enforcement authorities. It also seeks directions to identify and investigate individuals in civilian clothes allegedly involved in assaults on protesters, register FIRs wherever cognisable offences are disclosed, and provide compensation and medical assistance to persons found to have suffered injuries due to unlawful or disproportionate police action.
Referring to media reports covering the protests between July 20 and July 24, the plea also takes note of the Delhi Police’s version that certain protesters resorted to stone-pelting and attacked police personnel. It contends that these competing versions require an impartial investigation based on objective evidence, including CCTV recordings, body-camera footage and other electronic material.
The petitioner has relied on the Supreme Court’s judgments in *In Re Ramlila Maidan Incident* and *Anita Thakur v. State of Jammu & Kashmir* to contend that the force allegedly used by the police violated the principles of necessity and proportionality governing law enforcement during peaceful public assemblies. The plea also seeks directions to all States and Union Territories to frame and implement Standard Operating Procedures (SOPs) regulating police action during peaceful protests in conformity with constitutional principles and binding Supreme Court precedents.
The PIL has been filed through Advocate Narendra Mishra, who had earlier submitted a letter representation to the Chief Justice of India seeking suo motu cognisance of the alleged police action. On July 22, Mishra mentioned the representation before Chief Justice of India Surya Kant for urgent listing. However, the matter was not entertained at that stage as no formally instituted petition had been filed before the Court. The Chief Justice subsequently clarified that media reports suggesting that the Court had refused to hear the matter were incorrect, as only a representation had been received.
On July 24, a Bench headed by Chief Justice Surya Kant agreed to list for hearing on July 27 two petitions raising similar grievances relating to the alleged use of excessive force against student protesters during the CJP-led demonstrations. The Supreme Court is expected to examine the legality of the police action, the reliefs sought by the petitioners, and the necessity of an independent investigation into the alleged violations of fundamental rights.
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