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Supreme Court hearing on police excesses during NEET paper leak protests | LIVE updates

The right to protest or express dissent peacefully must be protected, says Chief Justice Surya Kant

The Supreme Court is currently hearing legal arguments alleging police misconduct during recent student protests in Delhi over the controversy surrounding the leak of the National Eligibility cum Entrance Test (NEET) question paper. The Court previously signaled its intention to establish a high-powered investigation team to thoroughly and impartially examine claims of excessive force used by law enforcement during these demonstrations and in various other Indian States.

Senior counsel Gopal Sankaranarayanan highlights that the affidavit submitted by the Delhi Police does not detail any internal or administrative consequences faced by the officers accused of sexual harassment and intentional violence. In contrast, advocate Rizwain Ahmed questions the lack of accountability being imposed on the organizers of the protests. Meanwhile, advocate Vrinda Grover has filed an application for compensation on behalf of victims who suffered injuries from the deployment of tear gas and pellet guns.

Advocate Rizwain Ahmed contends that students must first demonstrate remorse for their actions. However, Chief Justice of India Surya Kant counters that it is crucial to consider the future aspirations of the students and their parents, while simultaneously restoring their confidence in the legal system. Solicitor General Tushar Mehta informs the Court that over 200 policemen sustained injuries during these clashes.

A lawyer representing the families of the injured police personnel implores the Court to acknowledge the violence directed towards the officers. Another attorney emphasizes the need to address the sexual molestation of female protesters, pointing out a "choking" of complaints against violence towards women, sexual minorities, and other marginalized groups. Solicitor General Tushar Mehta expresses skepticism about the feasibility of filtering FIRs as proposed by the Court.

Justice Joymalya Bagchi questions whether the First Information Reports (FIRs) submitted could be filtered in the manner suggested by the Court. The Chief Justice of India highlights that the Delhi Police cannot adopt a blanket approach and must elucidate exactly what constitutes "serious criminality." The Chief Justice suggests that the Court might utilize Article 142 to nullify frivolous FIRs solely involving students and those with criminal backgrounds.

He also states that FIRs implicating individuals with dubious records will be scrutinized, and a decision will subsequently be made.

The Chief Justice reiterates the importance of upholding the right to freedom of speech and expression as guaranteed under Article 19 of the Indian Constitution. He emphasizes the necessity of safeguarding peaceful protest and dissent, while expressing concern that anti-social elements may have infiltrated the protest crowds. Terms & conditions | Users are required to post comments in English, using complete sentences. Comments must be respectful and not abusive or personal.

Written by urgent.news from The Hindu's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.

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