State Governments Can Withdraw Cases Against Protesters, Says Supreme Court
New Delhi, 03 August (H.S.): The Supreme Court has observed that the Delhi Government and other state governments can withdraw or close cases registered against protesters. A bench headed by Chief Justice of India Surya Kant clarified that its ea
Supreme Court (file)


New Delhi, 03 August (H.S.):

The Supreme Court has observed that the Delhi Government and other state governments can withdraw or close cases registered against protesters. A bench headed by Chief Justice of India Surya Kant clarified that its earlier reference to protesters with a criminal background was limited only to those facing serious and heinous charges, such as murder.

The court’s clarification means that protesters facing minor charges, particularly those arising from political demonstrations, may receive relief. The Supreme Court also made it clear that it would frame protocols and guidelines regarding the use of pellet guns, specifying the circumstances under which such weapons can be used.

During the hearing, Solicitor General Tushar Mehta, appearing for the government, said that the Centre stands by its commitment regarding FIRs registered against protesters. Mehta informed the court that people against whom no criminal cases were pending had already been released.

Responding to this, counsel for the petitioners, Vrinda Grover, said that the police had sought permission to file closure reports in the cases. Mehta said there had been some misunderstanding regarding the FIRs and assured the court that the government was seriously examining the matter and working towards finding a resolution.

During the hearing, the petitioners’ counsel argued that action should be taken against police personnel identified for allegedly assaulting students. The counsel said several videos clearly showed the conduct of police officials and that those involved had been identified. The court was also urged to direct the Inspector General of Police and the Director of the Rapid Action Force to explain how permission for the use of pellet guns and other measures was granted.

On July 28, the Supreme Court had stayed action against protesters in all states. The court had directed all states to immediately release minors involved in such cases. It had also clarified that protection would not be extended to individuals with a criminal record. Notices were issued to the Chief Secretaries of Delhi, Maharashtra, Bihar, Kerala, Madhya Pradesh, and Uttar Pradesh.

The matter relates to a protest march by demonstrators from Delhi’s Jantar Mantar to Parliament on July 20, during which clashes reportedly broke out between protesters and the Delhi Police at several locations. The petition alleges that police personnel used excessive force against protesters during the demonstration, including lathi-charge and the use of tear gas against students.

---------------

Hindusthan Samachar / Jun Sarkar


 rajesh pande