SC quashes all FIRs against CJP protesters, 5 Sept march called off
Centre told to compensate families of students who ended their lives over the NEET paper leak within three months
PTI
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New Delhi, 1 Sept
The Supreme Court on Tuesday quashed all FIRs registered against students who participated in the Cockroach Janta Party-led protests between 20 to 25 July across the country, prompting the group to call off its September 5 march in the national capital.
A bench headed by Chief Justice of India Surya Kant also directed the Centre to provide within three months compensation to families of students who ended their lives over the NEET paper leak.
Closing the criminal proceedings against the protestors, the bench said, "Keeping in view the future prospects of the young protestors, we invoke our powers under Article 142 of the Constitution to do complete justice."
Article 142 empowers the apex court to pass any orders to do complete justice.
Acceding to the Centre's request, the apex court, however, permitted Delhi Police to register fresh FIRs against 2,873 individuals with serious criminal antecedents who were present in the Jantar Mantar protest.
The bench, also comprising Justices Joymalya Bagchi and V Mohana, took note of the submissions of Solicitor General Tushar Mehta and widened the ambit of its order. "If there is any other FIR registered with regard to same protest between 20 to 25 July in any of the states or UTs, which are not before this court, they shall not be pursued and will be treated as closed," it said
Dealing with the award compensation to the families of those who committed suicide, the court directed the Centre to formulate a pan-India policy on the issue and pay the money within three months to aggrieved families.
CJP co-convenor Saurav Das appeared before the bench and read out a statement on behalf of the group.
"As co-convener of the 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 Court, the CJP deems it appropriate to withdraw the call for the march on September 5 and looks forward to compliance with today's order. I also thank the Court for this decision and the learned counsel on both sides, Ms. Vrinda Grover and the Solicitor General, for their efforts," Das said.
The bench recorded the statements of the solicitor general and Das and said it has invoked its extraordinary powers keeping in mind the peculiar facts and circumstances of the case. It expressed the hope that both sides will abide by their promises.
During the hearing, Mehta informed the court that the Centre is committed to honour assurances given to the CJP that the police in Delhi and other states would not pursue the FIRs registered in connection with the protests.
The solicitor general also told the court that the Union of India is committed to other assurances as well, including compensation to the families.
Mehta, however, sought time to work out the necessary modalities.
The CJP had called for a protest march in Delhi on 5 September, Teachers' Day. It had accused the Centre of failing to honour the promises made on 25 July to persuade the group to withdraw its 36-day agitation against irregularities in exams and the NEET paper leak.
According to the CJP, the march was to be led by families of students who committed suicide following the cancellation of the NEET exam and the subsequent re-test, as well as those who were allegedly subjected to police excesses during the July agitation.
The top court had agreed to hear a plea filed by Delhi Police seeking quashing of 13 FIRs against students who participated in the protests and registering a fresh case against 2,873 individuals.
The application said that according to the decision taken by the Central government on 25 July , Delhi Police no longer wished to pursue the 13 FIRs.
"It is submitted that 2,873 individuals having serious criminal antecedents as per the National Crime Records Bureau database were prima-facie reported to be present at the protest site. The investigation is required to ascertain their role, if any, in the commission of offences relating to bodily harm or destruction of property at the said protests.
"The Delhi Police seeks leave to file a fresh FIR only for these 2,873 individuals. The registration and consequential investigation of this fresh, specific FIR shall be in conformity with the clarification of the expression, 'criminal antecedents'," the application said.
The apex court had earlier constituted a high-powered enquiry committee headed by former apex court judge Justice R Subhash Reddy to probe issues and allegations, including those of police excesses against students surrounding the nationwide protests against NEET-UG paper leaks.
The CJP-led march on 20 July in Delhi saw clashes between protesters and security personnel, who used lathis and teargas shells to disperse crowds attempting to move towards Parliament.
The student-led protests, which spread to several cities, were centred around the resignation of the then Union education minister Dharmendra Pradhan.
The agitation, which began at Jantar Mantar on 20 June, was called off on 25 July after Pradhan resigned and the government accepted the CJP's other demands.
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