THE Supreme Court on Tuesday restrained States from taking any coercive action against protesters in the recent student-led agitation and directed them to release those under 18 on the condition that none should have any criminal antecedents. Hearing a batch of petitions alleging police brutality during demonstrations against irregularities in exams and the NEET paper leak, a bench headed by Chief Justice of India Surya Kant said a fair and independent probe on the matter was required. “All States are hereby instructed to release children under the age of 18, who have been reported to be arrested or detained in connection with the ongoing protests and who do not possess any criminal antecedents,” the bench directed. It said if necessary, these children shall be released upon the execution of a simple bond by themselves or their family members, especially if such a requirement is insisted upon for surety. During the hearing, the bench also comprising justices Joymala Bagchi and V Mohana observed, “Whosoever committed excesses, took law into their hands should be taken to task.” The bench took note of allegations such as the use of pellet guns, lathis embedded with nails, rubber bullets and electric batons on protestors resulting in severe life threatening injuries to several students and young women. It directed that Delhi Government and other states may proceed with the investigation of the FIRs registered but no coercive measures shall be taken against the protesting students. “Such protection, nonetheless, shall not be extended to the persons with criminal antecedents,” it clarified. Noting that the bench is mulling an independent, a transparent and thorough probe into all allegations by a task force, the bench said a probe is also required to ascertain the attacks on 250 policemen and whether they were by students or some “miscreants”.

 

”Be that as it may, the allegations made by the petitioners, prima facie, establish a compelling case for an independent and impartial investigation into the incidents of violence. Such an investigation will adequately address the allegations presented by the family members of the police personnel, as well as the issues raised by the Solicitor General of India,” the bench said. While posting the matter for further hearing on August 3, the top court said in the interest of justice it is giving an opportunity to the Centre and the states concerned to place their versions on record before it considers constituting an independent committee or a SIT. The top court issued notices to Maharashtra, Bihar, Assam, Uttar Pradesh, Madhya Pradesh, West Bengal and Kerala and asked their Advocates General to appear online on the next date of hearing. SIT MAY BE SET UP TO PROBE POLICE EXCESSES: THE Supreme Court on Tuesday said a Special Investigation Team (SIT) may be set up to ensure a fair, transparent and thorough probe into all incidents of violence during the recent student protests. The law must take its course once there is violation of “defined protocol”, the apex court said. 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. At the outset, the bench, also comprising Justices Joymalya Bagchi and V Mohana, asked why there should not be an independent probe into the allegations. “Whosoever committed excesses, took law in their hands should be taken to task,” the CJI said.