'Whoever committed excesses must be taken to task': SC
What's the story
The Supreme Court on Tuesday emphasized the need for a "completely independent probe" into the July 20 violence during protests led by the Cockroach Janta Party (CJP). The protests turned violent when demonstrators tried to march toward Parliament. Police resorted to tear gas and batons, resulting in clashes and numerous detentions. Today, the bench, headed by Chief Justice Surya Kant, demanded an independent probe into the incident. "Whoever has committed excess, law will take its course," the court said.
Investigation demand
Independent probe must, law will take its course: SC
The bench was hearing pleas against alleged police excesses on students protesting irregularities in exams and the NEET paper leak.
CJI Kant said this was a "completely peaceful protest by students, in which certain demands were raised."
"It took place within the constitutional framework. They had their own perspective; they want to point out that in such peaceful protests, there are always uninvited guests. They arrive with an agenda, and very soon, they become co-hosts," the Chief Justice said.
Official stance
250 police personnel injured during protests: Solicitor General
Clarifying that the Centre is not taking the matter lightly, Solicitor General Tushar Mehta, appearing for the Centre and Delhi government, said if force was used against students, action should be taken.
He added that 250 police personnel were injured during the protests.
"I do not believe the students engaged in violence; anti-social elements must have infiltrated the group," Mehta said, adding these people were involved in serious crimes.
Infiltration concern
Possibility of miscreants infiltrating student groups during protests
Chief Justice Kant also acknowledged the possibility of miscreants infiltrating student groups during peaceful protests.
He said, "What was done could not have been done necessarily by students. When such students were protesting peacefully, there are also chances of miscreants getting in."
That being said, the Supreme Court stressed the need for new protocols during agitations, as existing ones were not followed during CJP-led protests.
Protocol discussion
New protocols needed for agitations, existing ones not followed
The court emphasized that protests are part of democracy and that the permissibility of measures such as the deployment of tear gas must be debated.
"While this court had previously suggested a protocol, many things are now occurring in non-conventional ways. We need to determine what kind of tear gas, or similar measures, should be used and whether their use should be permitted. After all, protests are a part of democracy," CJI Kant said.
SIT
SIT may form SIT
The SC has hinted that it might constitute a Special Investigation Team (SIT) to probe the violence headed by a retired SC judge.
It also issued interim directions for the release of all students with no criminal background.
The court further directed the preservation of all CCTV footage, drone footage, body-worn camera recordings, wireless communication, and PCR logs related to these incidents.
States were also ordered to ensure personal information and digital data of student protesters are not made public.