The Supreme Court on Monday has clarified -- while hearing a batch of pleas against police excess -- that the Delhi and other State governments are at liberty to withdraw or close FIRs registered against students who participated in the NEET protests at Jantar Mantar and other places across the country.
The top court made it clear that this liberty is subject to an exception. The FIRs (First Information Report) in which students are accused of grave and heinous offences will not be covered by the general permission to withdraw.
The Centre -- through its Solicitor General Tushar Mehta -- informed the Court that it will not agree to the withdrawal of FIRs involving persons with serious criminal antecedents.
According to the Centre, such FIRs involve over 2,700 persons, who are alleged to have committed grave and heinous offences.
For the remaining cases, where no such serious charges are involved, States including Delhi are free to take a decision to close or withdraw the FIRs against the protesting students, the bench said.
The clarification of the apex court gives discretion to State governments to deal with the protest-related cases, while ensuring that serious offences are excluded from any amnesty.
Thus, the withdrawal will apply only to students not accused of grave crimes, as per the Centre’s submission before the Supreme Court.
A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana, in its order on Monday clarified -- about its July 28 order which had said that police can continue prosecution of those protestors with criminal antecedents -- that the words 'criminal antecedent' should be read to mean grave and heinous offences.
"It is clarified for July 28 order that NCT of Delhi and any other State shall be at liberty to close/withdraw FIRs against protesters. The word criminal antecedents is to be read as grave and heinous offences," the Court said.
The apex court was hearing a batch of petitions alleging excessive use of police force against students who participated in protests across the country from July 20 onwards over examination paper leaks and other alleged irregularities.
Diring the hearing, the petitioners flagged use of pellet guns against protestors, to which the court said it will lay down a comprehensive protocol on when and how it can be used. "We would like to lay down a complete protocol on how and where it can be used," the Bench remarked.
The court said, it will wait for the replies of various states before passing any order in the matter and fixed it for further hearing to August 18, Tuesday.
