SC orders release of protesters below 18 yrs, bars coercive action in NEET protest cases

The Supreme Court on Tuesday directed the release of student protesters below the age of 18 who have no criminal antecedents and restrained authorities from taking coercive action against eligible protesters in connection with the nationwide demonstrations over the alleged NEET paper leak.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana passed the interim directions while hearing a batch of petitions alleging police excesses during the protests.

The court observed that the allegations against the police prima facie warranted consideration of a fair and independent investigation.

The bench directed all states where protests were held to preserve CCTV footage, drone recordings, body-camera footage, wireless communication records, Police Control Room logs and other electronic and digital evidence relating to the demonstrations.

It also ordered that digital data collected on protesters be preserved but not placed in the public domain.

The court restrained authorities from taking coercive action against protesting students during the pendency of the proceedings, clarifying that the protection would not apply to those with criminal antecedents.

The bench permitted the Delhi government to continue its investigation into FIRs registered in connection with the protests but directed that no coercive action be taken against eligible protesters.

States asked to respond

The Supreme Court sought responses from the chief secretaries of Delhi, Maharashtra, Bihar, Kerala, Madhya Pradesh and Uttar Pradesh on the allegations raised in the petitions.

"The allegations prima facie warrant consideration of a fair and independent probe, which must also address the concerns of families of over 200 injured police personnel," the Chief Justice observed.

The bench said it would consider constituting an independent committee or a Special Investigation Team (SIT) after the Centre and the concerned states place their responses on record.

At the outset of the hearing, the court questioned why an independent investigation into the allegations of police excesses should not be ordered.

"Whosoever committed excesses, took law into their hands should be taken to task," the bench observed.