New Delhi : The Supreme Court on Tuesday ordered states to release all students below the age of 18 and those without any criminal antecedents who were arrested or detained during the nationwide protests over exam paper leaks. A three-judge bench led by Chief Justice Surya Kant, however, made it clear that the protection would not extend to those with criminal background. The Supreme Court also hinted that it might order a probe by a high-powered committee into allegations of police excesses against protesting students.
The top court also issued notices to the Centre and the governments of Maharashtra, Bihar, Assam, West Bengal, Madhya Pradesh, Uttar Pradesh and Delhi. The Supreme Court was hearing a batch of petitions alleging police brutality during the crackdown on protests across several states, including the incident on July 20, when students clashed with police during their march to Parliament. One of the petitions, filed by RJD MP Manoj Jha, said a police officer in Bihar used an AK-47 during the agitation.
The Supreme Court also directed that CCTV and drone footage, body camera recordings, wireless communication and PCR logs in connection with the protests be preserved. It also directed the states that personal information and digital data of protesters not be made public. The court also said the police required a new protocol to tackle such agitations, taking note of allegations that pellet guns were used during the July 20 protest. One youth lost his eyesight after suffering pelltet gun injuries. It also noted that electric batons and sticks embedded with nails were also allegedly used by the forces.
“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,” the CJI Surya Kant said. Solicitor General (SG) Tushar Mehta, representing the Centre and Delhi Police, pointed out that about 250 cops also suffered injuries during the July 20 violence and called for a probe by a neutral investigation agency. Mehta also said that criminals might have infiltrated the students’ movement.
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