Release minor protesters, no publishing personal data: SC's big directions
What's the story
The Supreme Court has ordered that no coercive action be taken against the protesters of the Cockroach Janata Party (CJP) in Delhi and other states. However, the court clarified that this protection does not extend to persons with a criminal record. The order was passed by a bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana. The court also directed the immediate release of minors detained during these protests.
Evidence preservation
Court orders preservation of all evidence related to protests
The court further ordered all CCTV footage, drone recordings, wireless communications, and other records related to the protests to be preserved.
It also directed that digital personal data of protesters should not be brought into the public domain.
"No personal data, details of protesters to be published," the court directed.
The court also stated that the allegations of police excesses prima facie established a basis for a fair and independent investigation.
Independent probe
High-powered committee proposed for fair probe into violence
Thus, the court proposed setting up a high-powered committee to ensure a fair and independent probe into the incidents of violence but not before granting the Union government and Delhi Police an opportunity to place their version on record first.
Accordingly, it issued notices to chief secretaries of Delhi, Maharashtra, Bihar, Kerala, Madhya Pradesh, and Uttar Pradesh to present their versions on record.
The matter will be heard next week.
Protest background
Protests against repeated question paper leaks
The protests were triggered by repeated question paper leaks and demanded the resignation of Union Education Minister Dharmendra Pradhan.
During the hearing, the CJI stated that several applications/petitions have been filed, highlighting incidents such as the use of shock batons, a 19-year-old girl's life-threatening injury, pellet gun injuries, molestation of young women, and so on.
The CJI said, "It was initially meant to be a peaceful protest by students. Such a protest is protected by the Constitution."
Government stance
'Whoever has committed excess...'
However, in such a protest, two things can happen, CJI said.
"People who want to stop the protests can indulge in violence after entering it...Second, there are petitions on behalf of injured police....the question is why there should not be an independent investigation?"
"Whoever has committed excess, committed atrocities on innocent people, law will take care of them. For that, there needs to be a completely independent and fair investigation. Probe is meaningless if no responsibility is fixed," he added.