SC clarifies student protest relief, narrows scope of criminal records

Top court says only those accused of grave and heinous offences fall outside its protection for student protesters, while allowing governments to withdraw FIRs.

The Supreme Court on Monday clarified that its earlier order protecting student protesters from coercive action applies to all except those accused of grave and heinous offences, making it clear that pending criminal cases for minor violations cannot be used to deny relief.

 

A Bench led by Chief Justice of India Justice Surya Kant, along with Justice Joymalya Bagchi and Justice V Mohana, said the expression “criminal antecedents” used in its July 28 order must be understood as referring only to serious offences.

 

It also clarified that the Delhi government and other states are free to withdraw FIRs registered against protesters.

 

 

The clarification came after counsel for the petitioners argued that the earlier wording was being interpreted to keep cases alive even against students facing minor charges, such as traffic violations or previous protest-related cases.

 

During the hearing, Solicitor General Tushar Mehta, appearing for the Delhi Police, said the government was willing to withdraw cases against protesters except those with criminal antecedents. The Bench observed that cases involving students should be separated from those involving hardened criminals before any decision is taken.

 

Senior advocates A M Singhvi and Gopal Sankaranarayanan urged the court to remove the ambiguity in its previous order, warning that the phrase “criminal antecedents” was susceptible to broad interpretation. Senior advocate N Hariharan also sought quashing of the FIRs.

 

The Bench, however, stopped short of ordering the closure of the cases and instead clarified that its earlier direction applies only to persons with serious criminal records.

 

The court also indicated that it is considering an independent mechanism to examine allegations of police excesses during the protests. It said it was weighing two options: constituting a special investigation team (SIT) of police officers or appointing a committee headed by a retired judge.

 

Petitioners additionally complained about the use of pellet guns against protesters. The Bench said it intends to frame a comprehensive protocol governing the circumstances in which pellet guns may be used by law enforcement agencies.

 

The court deferred further orders until responses are received from the Centre, Delhi Police, and the states of Delhi, Maharashtra, Bihar, Kerala, Madhya Pradesh and Uttar Pradesh. The matter has been listed for hearing on August 18.

 

The case arises from a batch of petitions seeking nationwide guidelines to protect the right to peaceful protest following police action during demonstrations over alleged examination paper leaks.

 

On July 28, the court had directed that no coercive action be taken against protesters and ordered the immediate release of detained minors, while excluding those with “criminal antecedents”, a phrase it has now limited to grave and heinous offences.