“Probe Meaningless Without Fixing Responsibility”: Supreme Court On CJP March Violence

The police needs a new protocol during agitations, the Supreme Court underlined on Tuesday, pointing out that the cops did not follow earlier laid down rules during the Cockroach Janta Party-led student protests. 

Dealing with a batch of pleas alleging police excesses against students protesting irregularities in exams and the NEET paper leak across the country, a bench headed by Chief Justice of India Surya Kant referred to many incidents of violence.

"There has to be completely independent probe. Whosoever committed excesses, took law in their hands should be taken to task. Probe is meaningless if no responsibility is fixed," the Chief Justice said.

Read | "Can't Lathicharge Just Because There Is Agitation": Supreme Court's Big Remark

Demonstrations in the national capital turned violent on July 20 when a crowd, spearheaded by the CJP, attempted to march towards Parliament from the Jantar Mantar protest site. Police fired tear gas and used batons to disperse the protest, triggering clashes and a wave of detentions. 

"We do not think there is a need for elaborate arguments. 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.

The top court again underlined that protests are part of democracy and it needs to be debated if measures like the use of tear gas be permitted.

"It has been submitted on behalf of the students that they were treated in this manner despite their constitutional rights. Every stakeholder should come forward with constructive suggestions. 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," the Chief Justice said.

Solicitor General Tushar Mehta, representing the Centre and the Delhi government, said the Centre is not taking the matter lightly if force was used against students.

Action should be taken in such a case, Mehta submitted, pointing out that 250 police personnel were also injured.

A proper investigation must be conducted to bring out the truth, he said, adding "we cannot also demotivate our forces".

"I do not believe the students engaged in violence; anti-social elements must have infiltrated the group. We will present data regarding these anti-social elements. These were individuals involved in cases of murder, rape, and  Narcotic Drugs and Psychotropic Substances Act (NDPS) violations," Mehta said.

The Chief Justice also pointed out the possibility of miscreants infiltrating the student groups. 

"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," the Chief Justice said.

The assault on lawyers by the Delhi Police was also mentioned in the top court. 

The court point out that the Delhi High Court is already hearing the matter. 

Shyam Divan, appearing for the students, listed instances of excessive force by the cops.

These instances of excessive force, we have categorised them. We have given credible media reports and photos. Very serious use of pellet guns. Violence by police officials in civil dress," Divan said.

On Monday, the bench said an agitation cannot justify "police excesses" or a 'lathi charge'.