Case Law

Supreme Court: Quashes NEET Protest FIRs, Allows Fresh Charges for 2,873

India·Briefly Analysis⏱️ 4 min read

Summary

  • The Supreme Court quashed FIRs against students who protested the NEET paper leak, following an application by the Centre.
  • The Centre assured the court it would not pursue FIRs from July 20-25, file no new protest-related FIRs, and compensate students who committed suicide.
  • Delhi Police will register fresh FIRs against 2873 individuals with serious criminal antecedents, not for protesting, but for other offenses like public property destruction.
  • The Supreme Court had previously allowed states to withdraw FIRs but clarified that cases involving grave and heinous offenses should not be dropped.
  • A High-Powered Enquiry Committee, led by Justice (Retd.) R. Subhash Reddy, was formed on August 20 to investigate the alleged paper leak.

Court's Landmark Decision on Protest FIRs

The Supreme Court has taken a significant step by quashing First Information Reports (FIRs) that were registered against students involved in protests concerning the NEET paper leak.

The Supreme Court has taken a significant step by quashing First Information Reports (FIRs) that were registered against students involved in protests concerning the NEET paper leak. This judicial action came after the Centre filed an application requesting the dismissal of these cases. Solicitor General Tushar Mehta conveyed to a bench presided over by Chief Justice of India Surya Kant that the government was fully committed to honoring three key assurances previously made.

These commitments stemmed from a meeting between government representatives and protest leaders. The assurances included a pledge that the Centre would not pursue FIRs lodged against protestors between July 20 and 25, a guarantee that no new FIRs would be initiated in the future specifically related to this incident, and a promise to provide financial compensation to the families of students who tragically took their own lives. This move by the Supreme Court effectively resolves a contentious issue for many students who faced legal action following their participation in the demonstrations.

Distinction for Individuals with Criminal Histories

While broadly quashing protest-related FIRs, the court also addressed a specific category of individuals. The Solicitor General informed the bench that for the Delhi Police, a group of 2873 individuals had been identified through the NCRB database as possessing serious criminal antecedents and were prima facie reported to be present at the protest sites, potentially involved in the destruction of public property. SG Mehta clarified that new FIRs would be filed against these individuals.

Crucially, these fresh charges would not be for their involvement in the protest itself, but rather for other distinct offenses. The Solicitor General invoked Article 142 of the Constitution, which grants the Supreme Court special powers, to facilitate the quashing of existing FIRs while simultaneously seeking permission to register these new cases, emphasizing the goal of delivering "complete justice." This distinction underscores the court's intent to differentiate between peaceful protestors and those with a history of serious criminal activity.

Prior Judicial Directives and Government Stance

This recent ruling builds upon a series of earlier directives from the Supreme Court regarding the NEET paper leak protests. Previously, the court had indicated that state governments were at liberty to withdraw FIRs filed against protestors across various parts of the country. However, a bench led by CJI Surya Kant had also made it clear that FIRs against individuals already implicated in grave and heinous offenses should not be withdrawn.

SG Mehta had previously informed the court that approximately 2700 such FIRs would indeed remain active. He further clarified that the term "criminal antecedents" as used in the court's earlier orders specifically referred to serious crimes, including but not limited to rape, murder, and offenses under the POCSO Act. Additionally, the Supreme Court had previously issued orders prohibiting coercive action against protestors and mandating the immediate release of minors detained by police in different states, with the explicit exception of those with pre-existing criminal backgrounds.

Ongoing Investigation and Political Ramifications

Beyond the immediate legal actions concerning FIRs, the Supreme Court had, on August 20, established a High-Powered Enquiry Committee (HPEC). This committee, headed by Justice (Retd.) R. Subhash Reddy, a former judge of the Supreme Court of India, was tasked with conducting an independent and impartial investigation into the alleged paper leak itself.

In a related development reflecting the impact of the court's actions, the Cockroach Janata Party announced the cancellation of a protest march scheduled for September 5 in Delhi. This protest had been organized based on allegations that the Centre had not honored its commitment to withdraw cases against participants in the July protests over the NEET paper leak.

Source

Source: Original reporting via legal news sources.

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