Centre going back on commitments, delaying withdrawal of FIRs: CJP

The Cockroach Janta Party (CJP) on Tuesday, 18 August, accused the Centre of failing to act on its assurance to withdraw cases against students and protesters and sought representation on a high-powered committee proposed by the Supreme Court to investigate the violence surrounding the 20 July Jantar Mantar agitation.

Speaking outside the Supreme Court, CJP chief spokesperson Saurav Das said the bench had repeatedly asked the government to provide details of FIRs registered against protesters. He demanded that the Centre submit a list of cases eligible to be quashed.

The court was hearing several petitions concerning alleged police excesses against students during the CJP-led demonstration and accusations of violence against police personnel.

According to Das, the petitioners, represented by advocate Vrinda Grover, urged the court to exercise its powers under Article 142 of the Constitution to quash FIRs lodged against protesters across the country.

He said the Centre should not oppose the request because Union ministers J.P. Nadda and Jitendra Singh had agreed to the protesters’ demands before the agitation was withdrawn on 25 July.

“The government has not given a commitment to the Supreme Court today that it is going to provide the list of FIRs. The Supreme Court asked the government three times to give the list, only after which they could be quashed,” Das said.

The CJP spokesperson also accused the Centre of failing to fulfil promises concerning compensation and subsequent discussions with the organisation. He warned that the party’s National Working Committee would decide its next course of action if the commitments were not met.

CJP legal affairs head Ratna Singh said the organisation last met a government delegation on 2 August, after which a draft vetted by lawyers was shared with the authorities. Despite requests, no further meeting had been scheduled, she alleged.

Singh claimed the government had agreed to take a position before the Supreme Court on the use of Article 142 but had not done so during Tuesday’s hearing. She called for the draft prepared following discussions between the two sides to be placed before the court.

Das said the government had identified around 2,800 people as “hardened criminals” but argued that individuals facing serious criminal allegations must be distinguished from students and peaceful protesters.

The Supreme Court said it would establish a high-powered committee comprising retired Supreme Court and High Court judges, a former director-general of police and a former CBI director. The panel will examine claims of excessive police action against protesters as well as attacks on law-enforcement personnel.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana said the formal order constituting the committee would be issued on Wednesday after the parties submitted suggestions for additional members.

Singh called for an independent panel and inclusion of CJP representatives.

Das also raised concerns about the alleged use of facial-recognition technology during the protest. He claimed that demonstrators were photographed, filmed and monitored through CCTV cameras, and called for judicial scrutiny of the constitutionality of such surveillance and the safeguards governing its use.

He further alleged that protesters were subjected to excessive force and sexual assault during the demonstration and demanded an independent investigation.

In an affidavit filed before the Supreme Court on Tuesday, Delhi Police claimed:

· Facial recognition software deployed during student protests only captured the images of criminals or history sheeters. The software, according to the affidavit, does not automatically capture profile of every individual present at the protest site, nor is it deployed for indiscriminate surveillance or collection of personal information of peaceful protestors unless he has a previous criminal record.

· No action is taken solely on the basis of facial recognition software. A field verification is also carried out to be sure that the person in question was present at the site or not.

· In a counter-affidavit filed by Dy Commissioner of Police Sachin Sharma, the police defended its use of force, saying the protests had ceased to be peaceful after sections of the crowd allegedly breached multiple layers of barricades and attempted to move towards Parliament. The affidavit was filed in response to the petitions seeking Court-monitored investigation into alleged police excesses

· At Jantar Mantar about 5000 police officers were trying to manage a crowd of over 30,000 people, spread across 3 kms. As the crowd went completely out of control, they had to use force

· No permission was granted for the Parliament march, hence the gathering was an illegal gathering and attempt to move towards the Parliament an illegal act by an unlawful assembly

· Petitioners have relied on selective photographs, incomplete video clips, unverified media and social media reports, which have not been independently verified and present a one-sided picture

· On the allegation of use of lathis with nails, the affidavit claims that there was a solitary incident involving a lathi with nails, but that too, was in the hands of a protestor, not the police

· On the allegation that policemen in plainclothes had beaten up unarmed protestors and women, the affidavit says that ‘spotters from Special Branch, Special Cell, Crime Branch and Local Police strategically merged in the crowd, which is neither illegal nor unusual’.

Responding to the BJP’s allegation that the CJP was acting as a proxy for the Aam Aadmi Party, Das said the organisation did not wish to become involved in a political blame game. He also objected to descriptions such as “Urban Naxals” and “Dimaagi Naxals”, alleging that they were intended to discredit young protesters.

Das said the CJP had begun a nationwide “School Theek Karo” campaign under which young people would document infrastructure deficiencies in schools. The organisation is also starting a nationwide tour and will determine its future course of action based on the government’s response.

Maintaining that citizens should not require permission to exercise their constitutional right to peaceful protest, Das said the CJP had cooperated with Delhi Police during the Jantar Mantar demonstration.

Asked whether he welcomed Tuesday’s Supreme Court proceedings, he said the organisation would wait for concrete action before responding positively.