The Supreme Court on Tuesday made it clear that any investigation into the violence during the CJP-led march in Delhi must lead to accountability. The Bench observed that an inquiry serves little purpose if those responsible for any excesses are not identified and held accountable.
The Court also stressed the need for a fresh police protocol to deal with public protests, noting that the existing guidelines were not properly followed during the student demonstrations.
The violence erupted on *July 20, when a crowd led by the *Cockroach Janta Party (CJP) attempted to march from Jantar Mantar to Parliament. As the protesters moved forward, police used tear gas and carried out baton charges to disperse the crowd, leading to clashes and several detentions.
During the hearing, the Supreme Court said there was a strong case for setting up a high-powered committee to investigate allegations of police excesses. The Bench indicated that it may constitute a Special Investigation Team (SIT) next Monday, headed by a former Supreme Court judge preferably a former Chief Justice of India to ensure an impartial and transparent investigation.
The Court has also sought responses from the Union Government and the governments of Assam, Bihar, West Bengal, Uttar Pradesh, Madhya Pradesh, Maharashtra, and Kerala.
“There has to be a completely independent probe. Whoever has committed excess, the law will take its course. A probe is meaningless if no responsibility is fixed, the Court observed.
Referring to the nature of the protest, the Chief Justice said there was no need for lengthy arguments because the demonstration had initially been peaceful and conducted within the constitutional framework.
According to the Court, student protesters were exercising their democratic rights by raising their demands. However, it also acknowledged that peaceful demonstrations are often infiltrated by people with different motives, which can change the course of an otherwise lawful protest.
Justice Joymalya Bagchi echoed this concern, saying that genuine public movements are frequently discredited by miscreants and vested interests who take advantage of large gatherings.
The Bench once again reaffirmed that peaceful protests are an essential feature of a democratic society. It also said there should be a broader discussion on whether measures such as tear gas should be used while dealing with public demonstrations.
The Chief Justice noted that the students claimed they were subjected to force despite exercising their constitutional rights. He added that all stakeholders should come forward with constructive suggestions so that better protocols can be developed for handling protests in changing circumstances.
Appearing for the Centre and the Delhi Government, Solicitor General Tushar Mehta told the Court that the government would not ignore any instance where unnecessary force may have been used against students.
He also informed the Bench that around 250 police personnel were injured during the clashes and emphasized that the investigation should uncover the complete truth without affecting the morale of security forces.
Mehta further argued that the violence was unlikely to have been committed by the students themselves. According to him, anti-social elements had infiltrated the gathering, and the government would place material before the Court showing that some of these individuals had criminal backgrounds, including cases related to murder, rape, and offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The Chief Justice acknowledged that such a possibility could not be ruled out, observing that peaceful student protests are sometimes hijacked by miscreants.
During the proceedings, the issue of the alleged assault on lawyers by the Delhi Police was also raised. The Supreme Court noted that the matter is already pending before the Delhi High Court.
Senior Advocate Shyam Divan, appearing for the students, placed before the Court several instances of what he described as excessive use of force by the police. He said the petition included credible media reports, photographs, allegations of pellet gun use, and claims that police personnel in plain clothes had also assaulted protesters.
The matter will now be taken up again next week, when the Supreme Court is expected to decide on the constitution of the proposed Special Investigation Team to independently investigate the incidents surrounding the CJP march violence.
