The Supreme Court is scheduled to hear on Monday a batch of petitions alleging police brutality during recent protests over examination irregularities and the NEET paper leak.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana will hear the matter. The court had earlier indicated that it may constitute a Special Investigation Team (SIT), headed by a former Supreme Court judge, to probe allegations of police excesses, injuries to protesters and attacks on police personnel, and determine whether the violence against police was carried out by students or by "miscreants".
On July 28, the top court restrained states from taking coercive action against protesting students and directed the release of all detainees below the age of 18 who have no criminal antecedents.
It said such children should be released, if necessary, on the execution of a simple bond by themselves or their family members.
The court observed that the allegations warranted a fair and independent investigation and said anyone responsible for violence or excesses, including those who took the law into their own hands, should be held accountable.
It took note of allegations that police used pellet guns, lathis embedded with nails, rubber bullets and electric batons against protesters, causing severe and life-threatening injuries to several students and young women.
While permitting Delhi and other state governments to continue investigating FIRs registered in connection with the protests, the court directed that no coercive measures be taken against protesting students. It clarified that the protection would not apply to those with criminal antecedents.
"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 had observed.
The court said it would first give the Centre and the states concerned an opportunity to place their versions on record before deciding on the constitution of an independent committee or an SIT.
It had issued notices to Maharashtra, Bihar, Assam, Uttar Pradesh, Madhya Pradesh, West Bengal and Kerala, directing their advocates general to appear virtually at the next hearing.
As part of its interim directions, the court ordered authorities in the states where protests were held to preserve CCTV footage, drone recordings, body-worn camera footage, videography, wireless communication records, PCR logs and other digital evidence related to the protests.
It also directed police authorities to preserve the personal information and digital data collected from protesters and not disclose such information in the public domain, particularly in the case of students.
The protests began after the Cockroach Janta Party (CJP)-led march in Delhi on July 20, during which demonstrators clashed with security personnel as they attempted to march towards Parliament. Police used lathis and tear gas to disperse the crowd, and the agitation later spread to several states.
The protesters had demanded the resignation of Union Education Minister Dharmendra Pradhan over the NEET paper leak.
The agitation ended on Saturday after Pradhan resigned and the government accepted key demands, including compensation for the families of those who died by suicide and the withdrawal of FIRs against the protesters.
(With inputs from PTI)