AISA challenges Supreme Court’s ‘criminal record’ clause, condemns targeting of student protesters

Amid widespread police action against student protesters nationwide, AISA national president Neha addressed a press conference in Delhi on Tuesday, 28 July, raising serious concerns over the Supreme Court’s interim order on the release of detained youth.

Presenting a fact-finding report based on visits to affected states, AISA alleged that police had used excessive force against protesters and carried out arbitrary arrests in several parts of the country.

Sharing disturbing details from her recent Bihar visit Neha said: “More than 600 people were arrested; while 355 have been released, over 300 are still in jail.” She met with those detained in Beur jail including CPI(ML) MLA Sandeep Saurabh, former JNUSU president Dhananjay, AISA Bihar secretary Dipankar, Patna University student activists Divyam and Saba, as well as RYA leaders Vishal Yadav and Pawan Kushwaha, among others.

She also visited two injured students admitted to Medanta Hospital in Patna who had been attacked by the police in Siwan. One student sustained a severe shoulder injury, while the other requires a rod implant in his left leg to be able to walk again.

As reported by Live Law on 28 July, the Supreme Court directed the immediate release of those arrested during protests, provided they have no prior criminal record. Neha questioned this condition, asking, “Does a person's past criminal record prove they were involved in any criminal activity during the student protests?” She highlighted that many student leaders face charges from previous agitations, often under Section 144, and asked, “Will action be taken against them? Will they remain incarcerated?”

The Supreme Court bench of Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohan, also emphasised the need for an independent inquiry into injuries sustained by students and police during protests, possibly constituting a Special Investigation Team led by a former Supreme Court judge. All concerned states have been directed to preserve evidence such as CCTV, drone, and body camera footage, and to protect protesters’ identities and data.

Responding to a question from National Herald on how pro-establishment anti-social elements are identifying movement participants and targeting them in public spaces, and what student organisations are doing to stop this, Neha said: "AISA and other social organisations are providing assistance to the victims. Cases are being registered. Furthermore, if the need arises, we will raise our voices in collaboration with other organisations."

Highlighting targeted police action, Neha said Delhi Police identified 2,873 individuals allegedly with criminal records present at Jantar Mantar using retinal and facial recognition. “This is targeted police action specifically singling out minorities and vulnerable sections,” she said. Notices are being sent to residents of Jamia Nagar, with AISA Jamia launching a helpline to provide legal aid.

Regarding police violence, Neha condemned the use of pellet guns: “Irshad faces the risk of permanent vision loss, while Prashant has sustained severe pellet injuries to his hands and torso.” She questioned the deployment of hundreds of RAF personnel at hospitals where injured students sought treatment.

Criticising education reforms, she said, “The Special Task Force lacks experts from the education sector. Leaving the resolution of the education crisis solely in the hands of bureaucrats is a recipe for failure.” She condemned the National Education Policy 2020 and the National Testing Agency for centralising and commercializing exams, contributing to problems like paper leaks.

Reiterating AISA’s demands, Neha called for “the immediate and unconditional release of all protesters,” accountability for authorities responsible for violence, adequate compensation for injured students, and the scrapping of the NTA and NEP 2020.