SC narrows caveat, says states can withdraw FIRs on protesters; CJP reacts
The court, in its July 28 order, had said that cases could be withdrawn against student protesters, except those with criminal antecedents.
The Supreme Court on Monday provided further clarification on its July 28 order regarding the release and withdrawal of police complaints against students who participated in protests. The court stated that both the National Capital Territory of Delhi and other states have the authority to withdraw FIRs against student protesters, but only if they do not have criminal antecedents, which are now defined as grave and heinous offenses.
Solicitor General Tushar Mehta emphasized that peaceful protesters, excluding hardened criminals, should not face legal action. Chief Justice Surya Kant's spokesperson, Saurav Das, urged the government and BJP/NDA-ruled states to honor their commitments regarding the FIRs on students. The court is also considering establishing a mechanism, such as a single-member Special Investigation Team (SIT) or a judge-led panel, to probe allegations of police excesses during the recent student protests.
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