SC to form committee to probe claims of police excess, protest violence

The Supreme Court on Tuesday (August 18) stated that it will constitute a committee to examine the issues related to the protests by the Cockroach Janata Party (CJP), including alleged police excess and violence against police personnel.

Announcing the decision, the bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana said that the committee will comprise a former Supreme Court judge, a former High Court Chief Justice and a retired senior police officer.

The Bench further stated that the committee will be tasked with fact-finding and asked to periodically submit reports so that the apex court can issue necessary directions.

Panel to examine protest-related claims

"We will provide all necessary infrastructure facilities to the committee. We are quite sure that the committee will give an immediate voice and audience to any victim who approaches it. We will await the recommendations which the committee will make from time to time, and the necessary legal consequences must follow," stated the court as quoted by the Bar and Bench.

Also Read: No excessive force against protesters; July 20 march was illegal: Delhi Police tell SC

Elaborating further, the Bench stated that the committee would also look into allegations of online harassment of female protestors.

"Whosoever is responsible, there can be no excuse and no justification. It must be taken seriously and taken to its logical conclusion. That is why we are constituting a high-powered committee. The committee will look into each and every aspect of these matters," said the CJI.

Court weighs role of committee

Hearing a batch of petitions regarding protest at Jantar Mantar, Bihar and other parts of the country, the Bench said that petitioners would either be asked to directly approach the committee or place the issues they are raising before the court.

Also Read: Rounds fired from AK-47 rifle during Siwan protest, but none injured: Bihar govt tells SC

"The committee can examine the factual questions, including whether the use of force was excessive. Pursuant to its report, the larger legal and constitutional questions concerning facial recognition technology will be considered by this Court," stated the court.

FIRs may face Article 142 review

The Bench further stated that it was considering quashing the FIR against students using its powers under Article 142 (extraordinary power of the Supreme Court to do complete justice), adding that cases involving persons with serious criminal antecedents can be separately dealt with.

"The law is well settled regarding the power of this Court and we can exercise that power. As regards FIRs involving persons who you say have criminal antecedents, we had qualified that expression on the last occasion," stated the court.