NEW DELHI :
“The word criminal antecedents is to be read as grave and heinous offences,” the bench said.
THE Supreme Court on Monday clarified that the expression “criminal antecedents” in its order on releasing student protesters referred only to those involved in grave and heinous offences, and said States could close or withdraw FIRs against the remaining students in accordance with law.
The clarification came after the Centre submitted that it was “serious” about not pursuing FIRs against students who participated in the NEET examination paper leak protests, including the July 20 Parliament march in Delhi, provided they did not have criminal antecedents.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing a batch of pleas alleging police excesses against student protesters during the agitation spearheaded by the Cockroach Janta Party (CJP).
“It is clarified that NCT of Delhi and any other State shall be at liberty to close or withdraw FIRs against protesters... The word criminal antecedents is to be read as grave and heinous offences,” it said.
At the outset, Solicitor General Tushar Mehta submitted that there was some misconception regarding how to implement the Union Government’s commitment to withdraw the FIRs against students.
“There was some misapprehension about what to do with the FIRs against the protesters. I have instructions to say that the Government is serious about that commitment. Those who had criminal antecedents... Except them, everything can be taken care of,” Mehta said.
He said FIRs against more than 2,700 people with antecedents involving grave and heinous offences would not be withdrawn.
Mehta said he had discussed with senior advocate Vrinda Grover the legal mechanism for implementing the commitment. Grover said the issue was whether the cases should be withdrawn or the FIRs quashed. “It was about improvement in the education system.
These are young people who have their lives ahead of them. Even for quashing, we have FIRs filed in Bihar, West Bengal, Assam, UP and Delhi.
“After this has been worked out with the States, we will come back to this court,” she said, adding that individual public prosecutors seeking closure is a tedious and uncertain process. Senior advocate Gopal Sankaranarayanan submitted that even lawyers’ children were beaten during the protests. “The videos are very shocking. We have given 300 videos to the court.
Since directions have come from the top, the Commissioner of police must look at all this.
CJP welcomes SC clarification: THE Cockroach Janta Party (CJP) on Monday welcomed the Supreme Court’s clarification on the withdrawal of FIRs against protesters, saying it expected the Centre and BJP/NDA-ruled States to immediately implement the assurances given to agitating students under the July 25 agreement. CJP chief spokesperson Saurav Das said the apex court’s order had removed the confusion over the Government’s commitment not to proceed against protesters, except those accused in grave and heinous offences.
“Now that the Supreme Court has removed confusions, we expect the Government of India and all BJP/NDA-ruled States to immediately honour the assurances given on July 25 to the youth of this country,” Das said in a post on X.