Supreme Court’s Order Quashing FIRs Against Protesting CJP Students Is Whimsical
The Supreme Court’s September 1 order quashing FIRs registered against students protesting under the banner of the Cockroach Janta Party (CJP) in Jantar Mantar, Delhi, and in some other state capitals, is a walk into a legal quagmire and also a random, impulsive, and unthought-out move that brushes aside judicial protocols and unnecessarily turns settled law upside down. Though the SC has stated…
On September 1, the Supreme Court issued an order quashing FIRs filed against students protesting under the Cockroach Janta Party (CJP) in Delhi and other state capitals. This move is seen as a whimsical, impulsive decision that disregards legal protocols and flips settled law. While the court stated the order cannot be considered precedent, it may inspire future judges.
The issue originated from a government agreement signed by two ministers and two CJP representatives, which led to the suspension of nationwide protests. Instead of withdrawing the FIRs, the government sought the court's approval. The court's overreach in invoking Article 142, granting it extraordinary powers, led to the quashing of all FIRs, except for 2873 suspects with criminal records.
The court also chose to overlook concerns over potential misuse of large-scale FIRs against individuals. This decision leaves the government with the power to file extensive FIRs, as demonstrated in the recent Noida labour strike case, where the Allahabad High Court recently struck down the use of the NSA against student leader Akriti Choudhury.
The Supreme Court had the chance to end the abuse of stringent acts against peaceful protesters but instead retained the authority to dispense justice at its discretion, suggesting a level of favoritism. The CJP order fails to achieve its intended purpose, as the state remains unencumbered to continue repressing peaceful protestors.
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