NEW DELHI: In a major relief to students who participated in the recent protests over the NEET examination controversy, the Supreme Court on Tuesday invoked its extraordinary powers under Article 142 of the Constitution and quashed the FIRs registered across the country against them.
"Participating in a protest per se would not constitute an offence," observed a bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana.
The bench also, while preserving the State’s liberty to proceed against persons allegedly involved in bodily harm or destruction of property, said that its directions would be without prejudice to the pending constitutional challenge concerning facial recognition technology.
At the outset, the Solicitor General (SG) Tushar Mehta, appearing for the Centre, assured the top court that it would not pursue FIRs linked to the specified protest incidents and no fresh FIRs would be registered for the same incidents.
He further added that the Government stood by its assurance on compensation and modalities would be finalised in consultation with States and other stakeholders.
Hearing these submissions from the Centre, the bench of the apex court, safeguarded the rights of those who participated in the protests across the country against NEET, and quashed the proceedings against these students.
The Centre has on Monday moved the apex court seeking quashing of these FIRs registered over protests that took place across the country on July 2026.
In the hearing on Tuesday, Senior Advocates Vrinda Grover and Hariharan, appearing for many protesters, sought transparency with regard to the FIRs and the list of about 2,873 persons identified by authorities.
The Court deliberated on whether the copies of FIRs and the list should be supplied, while noting that once FIRs are quashed, their contents would be largely academic for these proceedings.
The bench also took on record the Government’s commitment regarding compensation to affected families and directed formulation of a framework in consultation with States and Union Territories.
Following the order and assurances from Government, Saurav Dass informed the Bench that the proposed September 5 march would be called off, expressing faith that directions would be complied with. He described the order as a ‘historic decision’.
The Central government has filed a plea in the top court -- by invoking Article 142 of the Constitution - on Monday seeking quashing of the criminal cases registered against certain persons who took part in the recent CJP-led student protests at Jantar Mantar.
The matter was mentioned by the SG Mehta, on Monday before the same Bench led by the CJI Kant, who agreed to list and hear the matter on Tuesday, September 1.
Mehta said, "We want to move an IA (Intervention Application). It's regarding that protest for quashing of FIRs... We are invoking Article 142 in the matter."
The Centre sought quashing of 13 FIRs registered against many students who participated in the NEET paper leak protests at Jantar Mantar and for registering a fresh case against 2,873 individuals present during the stir to probe their role in violence.
Before listing the matter for hearing on Tuesday, the court said, if the parties were reconciling the matter, it had no objection and agreed to list it for hearing.
The Centre moved the apex court on Monday, after it had earlier directed that the state governments were at liberty to withdraw FIRs registered against protesters involved in the nationwide demonstrations over the NEET paper leak. The court, however, clarified that those accused of grave and heinous offences would not be covered by such relief.
