NEET Protest Hearing: SC Clarifies States Can Close Cases Against Students Except Serious Offences

Guwahati: The Supreme Court on Monday clarified that state governments, including the Delhi government, are free to close or withdraw FIRs registered against students who participated in the recent NEET paper leak protests, provided the cases do not involve serious criminal offences.

A three-judge Bench headed by Chief Justice Surya Kant said its July 28 order allowing prosecution of protesters with "criminal antecedents" was intended to apply only to those accused of grave and heinous crimes.

The clarification came while hearing petitions alleging excessive police action against students during protests at Delhi's Jantar Mantar on July 20 and similar demonstrations across the country over the NEET paper leak issue.

The court was also hearing pleas filed by families of injured police personnel seeking action against protesters accused of assaulting police officers.

Appearing for the Centre, Solicitor General Tushar Mehta said the government remains committed to facilitating relief for students but clarified that criminal law does not permit the direct withdrawal of an FIR. Instead, authorities may file a closure report, seek withdrawal of prosecution, or move the appropriate court to quash the proceedings.

The Bench also said it would frame guidelines on the use of pellet guns by police during public protests. It further indicated that it is considering constituting a Special Investigation Team (SIT) of police officers or appointing a committee headed by a retired judge to examine allegations of police excesses during the protests. The matter has been listed for further hearing on August 18.

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