New Delhi: The Supreme Court on Monday clarified that the Delhi government and other state governments are free to close or withdraw FIRs registered against protesters involved in the recent student protests led by the Cockroach Janata Party (CJP).
A bench headed by Chief Justice of India Surya Kant said its July 28 order allowing prosecution of protesters with "criminal antecedents" applied only to those accused of grave and heinous offences. The clarification came after petitioners argued that the term was being used to keep cases pending even against students with minor offences such as traffic violations or participation in earlier protests.
Solicitor General Tushar Mehta told the court that while the government supported withdrawing cases against students, FIRs cannot simply be withdrawn under criminal law. Instead, authorities may file closure reports, seek withdrawal of prosecution, or move courts to quash proceedings.
Senior advocate Abhishek Manu Singhvi urged the court to ensure students were not harassed over minor offences, while the Solicitor General said some accused faced serious charges, including murder and rape.
The court also heard concerns over the alleged use of facial recognition and biometric surveillance to identify protesters. Senior advocate N. Hariharan argued that protesters had not consented to the use of their biometric data and sought judicial scrutiny.
Senior advocate Gopal Shankarnarayan sought action against police officers accused of using excessive force during the protests. The CJI said police brutality should not be protected but added that hardened criminals should not misuse student protests to evade legal action.
Senior advocate Vrinda Grover also questioned the legality of using pellet guns against civilian protesters, saying no legal authorisation had been found. (ANI)
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