The apex court also examined allegations of police excesses and facial recognition surveillance during the paper leak protests
The Centre on Monday assured the Supreme Court that students who genuinely participated in protests over the alleged paper leaks would not face criminal prosecution, while making it clear that individuals involved in serious offences would not be shielded under the guise of student protests.
The assurance came during the hearing of petitions related to the violence that erupted during the ‘Sansad Chalo‘ march on July 20.
Centre assures relief for genuine students
Appearing for the Centre, Solicitor General Tushar Mehta informed the court that discussions had already taken place with the petitioners and that the government was working towards resolving the issue of FIRs registered against student protesters.
“We do not want action against the students. Necessary steps will be taken. However, criminal elements who infiltrated among the students cannot be given any relief,” Mehta told the bench.
He also informed the court that consultations had been held with senior advocate Vrinda Grover and that the government was examining the legal process for withdrawing or closing the cases.
Court seeks separation of students and hardened criminals
Hearing the matter, the bench led by the Chief Justice of India stressed that investigating agencies must first distinguish between genuine student protesters and those accused of serious criminal offences.
“The FIRs must first be separated—one against students and another against hardened criminals. Thereafter, the investigation can proceed,” the Chief Justice observed.
Senior advocate Abhishek Manu Singhvi sought clarification on the expression “criminal history” used in the court’s earlier order, arguing that it should not include individuals facing minor or politically motivated cases.
The court agreed, clarifying that the term should apply only to those accused of grave offences such as murder and other serious crimes, and not to those involved in previous protests or minor violations.
Debate over closure of FIRs
Vrinda Grover pointed out that every case would require the public prosecutor to file a closure report, making the process time-consuming. She urged the court to provide guidance on whether the FIRs should be withdrawn or cancelled, noting that one FIR registered in Patna named nearly 5,000 unidentified protesters.
Seeking additional time, the Solicitor General told the court that the government’s detailed response was ready but requested a short adjournment to place it on record.
He also remarked that “some people wanted the potboiler to continue,” suggesting attempts were being made to prolong the controversy.
Court examines police action and surveillance allegations
The hearing also focused on allegations of excessive force by police during the protests.
Senior advocate Gopal Shankarnarayanan questioned the use of batons against protesters and sought details regarding the police personnel involved.
The Chief Justice observed that there should be no impression that officers accused of excesses would receive blanket protection. The court said it was considering whether the allegations should be examined by a Special Investigation Team (SIT) or by a committee headed by a retired judge.
The bench also heard arguments over allegations that facial recognition technology had been used to identify protesters without their consent.
Responding to the concerns, the Centre said identification was carried out through both facial recognition technology and field verification. It informed the court that details of 2,738 individuals had been collected, with serious criminal cases registered against some of them.
Next hearing on August 18
Reiterating that genuine students should not be unnecessarily targeted while those accused of serious crimes cannot seek immunity merely because they participated in a protest, the Supreme Court posted the matter for further hearing on August 18.
The court directed all parties to file their replies before the next hearing, when it will also consider the scope and composition of the proposed inquiry mechanism.
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