Supreme Court Forms Probe Panel to Examine Police Action in Student Protests

The Supreme Court on Thursday ordered the formation of a high-powered enquiry committee to investigate allegations of excessive force and violence during student protests, including those linked to the NEET-UG examinations. The committee will also look into complaints of violence against police personnel and damage to public property during the demonstrations.

The committee will be headed by Justice (Retd.) R. Subhash Reddy, a former judge of the Supreme Court. Its members include Justice Ravi Shankar Jha, former Chief Justice of the Punjab and Haryana High Court; Justice Shalinder Kaur, former judge of the Delhi High Court; Rishi Kumar Shukla, former Director of the Central Bureau of Investigation; and Dr. L.R. Bishnoi, retired Director General of Police, Meghalaya.

The court order lists a range of issues raised by petitioners that the committee must examine. These include the use of pellet guns, electric batons, lathi charges, and tear gas by police without adequate warning or proportionality, allegedly causing severe and sometimes lasting injuries to protesters. The committee will assess whether police responses during protests struck the right balance between maintaining public order and protecting the constitutional right to peaceful dissent.

Another issue is the possible ban on metallic kinetic projectiles or pellets fired from pump-action rifles, given the grave and often irreversible harm they can cause. The court also wants the committee to examine whether police and security personnel should be required to wear proper uniforms and visible nameplates during arrests or crowd-control operations, to ensure accountability and enable identification of individual officers.

The petitioners also raised concerns about the monitoring and surveillance of protesters by police, and whether such actions violated the constitutional rights to privacy and free assembly. Allegations of targeted violence, harassment, or secondary victimisation of female protesters will also be probed, with the court noting that the gravity and sensitivity of these claims require a focused and expeditious inquiry.

In addition, the committee will look into the provision of medical and other support, including compensation, to victims of alleged police abuse, and whether such support has been adequate. The court has also asked the committee to consider regulations on blanket prohibitory orders issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to prevent their routine or pre-emptive use that stifles peaceful assembly.

The committee will also examine safeguards for Section 152 of the Bharatiya Nyaya Sanhita, 2023, to ensure it is not used to suppress political dissent or peaceful protest, but remains confined to its intended purpose.

The court has also taken note of issues raised by respondents, including families of injured police officers. These include allegations of force and violence by protesters against police and security personnel, as well as damage to public property, including government installations, vehicles, and assets belonging to the state and private citizens. The injuries sustained by police personnel in the line of duty, and their consequent mental and emotional trauma, will also be part of the inquiry.