CJP protest: SC clarifies States can withdraw FIRs against students in accordance with law
The clarification came after the Centre submitted that it was “serious” about its assurance to CJP
On August 3, 2026, the Supreme Court clarified that it would not stop individual states from closing or withdrawing cases against students involved in protests, as long as they did so "in accordance with law." The court also clarified that the term "criminal antecedents" referred specifically to "grave and heinous offences" used to exclude certain protesters from interim protection in its July 28 order.
The clarification came after Chief Justice of India Surya Kant permitted authorities to proceed with investigating FIRs registered in connection with the protests, while restraining them from taking coercive action against students who did not have "criminal antecedents." The court suggested that a "classification" could be made to distinguish students who participated peacefully from "hardened criminals" who may have infiltrated the protests.
Solicitor General Tushar Mehta stated that the government was serious about its assurance and was working with representatives of the CJP to establish the "semantics" and appropriate legal mechanisms for ending criminal proceedings against the protesters.
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