Supreme Court Allows FIRs to Stand Amid Student Protests; Maharashtra, Bengal Pledge No Coercive Action
Following a Supreme Court order directing the release of minors arrested during recent student protests, while permitting investigations to continue, the BJP-led governments in Maharashtra and West Bengal have taken initial steps regarding cases registered in their states.
The Supreme Court, on Monday, ordered the release of minors detained in connection with the protests, but clarified that authorities may proceed with the investigation of registered FIRs. The order has drawn mixed reactions from political parties and protest groups.
The Citizenship Justice Party (CJP), which led the Jantar Mantar protests, expressed alarm over the order, warning that protests may resume if cases are not withdrawn. Saurav Das of CJP stated that the court's direction to allow FIRs to stand contradicts assurances given by the government. He called for complete transparency and urged the Centre and BJP-ruled states to withdraw FIRs, as was done by Bihar and Assam.
On Monday, Assam and Bihar announced the withdrawal of FIRs related to the protests. In Maharashtra, Chief Minister Devendra Fadnavis, who also holds the Home portfolio, directed the Home Department to begin the process of withdrawing cases. He instructed police not to take coercive action against those named in the FIRs. Twenty FIRs were registered in Mumbai alone, with over 1,000 people booked. A senior Home Department official confirmed that the CM's directions include no detentions or house visits while the legal process for withdrawal is worked out.
In West Bengal, the state government said it would not take coercive action against students but clarified, citing the Supreme Court order, that this does not extend to persons with criminal antecedents. As of July 26, one case had been registered on a police complaint, with 16 arrests. All 16 were granted bail by the Chief Metropolitan Magistrate's court. Six other cases have been registered based on complaints from journalists alleging assault during the protests.
In Kerala, Chief Minister Pinarayi Vijayan directed the Home Department to examine the demand for withdrawal of cases, following a request from Leader of the Opposition V. D. Satheesan.
Home Department officials in Maharashtra noted that the CM's direction alone does not automatically terminate FIRs; cases are usually withdrawn after charge sheets are filed, or closure reports may be an option. In West Bengal, the arrested individuals had been accused of violence during protests in Kolkata, with the state government earlier vowing strict action. During the bail hearing, defence lawyers cited the understanding between the government and CJP, case withdrawals in other states, and the Supreme Court order. However, the investigating officer argued that five of the 16 had prior criminal incidents.
