SC invokes special powers to quash FIRs against student protesters
What's the story
The Supreme Court has quashed the FIRs against protesters involved in the Cockroach Janata Party-led paper leak protests from July 20 to July 26 by invoking Article 142 of the Constitution. The Constitution under Article 142 grants the SC broad inherent powers to do complete justice. The top court ordered that the FIRs registered across the country, in any state or union territory, should not be pursued or investigated and must be treated as closed for all intents and purposes.
Court
What top court said in its ruling
"Keeping in view the future prospects of the...protesters who came to participate in a peaceful protest to raise their voice in support of certain demands, we deem it appropriate to invoke our powers under Article 142...in order to do complete justice between the parties," the SC said.
At the same time, the bench clarified that the order has been passed in view of the peculiar facts and circumstances of the case and should not be treated as a precedent.
Legal considerations
Court's decision based on Centre and states' assurances
However, it allowed the Centre and Delhi Police to proceed against 2,873 individuals with serious criminal antecedents.
The SC's decision was influenced by assurances given to it by the Centre and some states, along with a statement read by the CJP co-convenor.
Solicitor General Tushar Mehta told the bench that the central government, along with Bihar, Assam, West Bengal, and Maharashtra, sought to quash the FIRs and assured that no future FIRs would be registered in respect to the protests.
Das
What CJP said
Soon after Mehta's submission, CJP spokesperson Saurav Das told the bench that it will withdraw its September 5 protest march in Delhi in view of steps initiated by the Centre to withdraw cases against protesters.
"As co-convener of the CJP, I want to state that in view of the positive assurances of the government 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."
Compensation directive
CJP withdraws September 5 protest in Delhi
While only the Centre and the four states filed the applications seeking to quash the FIRs, the SC extended the application of the order pan-India.
The court also ordered compensation within three months for families of NEET students who died by suicide after the SG said that the Centre was committed to honoring the assurance to give compensation.
The SG sought three months' time.
CJI
'If both sides show good faith...'
After the understanding was reached, CJI Surya Kant said, "If both sides show good faith, then all issues can be resolved one by one. There is nothing in the world which is too complicated that it cannot be discussed with an open mind."
However, it made it clear that the invocation of the extraordinary powers under Article 142 of the Constitution is "subject to the condition that both sides shall abide by the understanding arrived at before this Court."