Supreme Court Forms 5-Member Panel to Probe Student Protest Clashes

The Supreme Court has constituted a five-member High-Powered Enquiry Committee to investigate allegations of excessive police force and violence during recent student protests, while also examining claims of violence against security personnel.

The panel, headed by former Supreme Court judge Justice R. Subhash Reddy, will examine allegations arising from student demonstrations, including the July 20 protest at Delhi's Jantar Mantar. The inquiry will cover police and paramilitary action as well as allegations made against protesters.

Five-Member Panel Named

The committee includes former Punjab and Haryana High Court Chief Justice Ravi Shankar Jha, former Delhi High Court judge Justice Shalinder Kaur, former CBI Director Rishi Kumar Shukla and retired Meghalaya DGP Dr L.R. Bishnoi.

The Supreme Court said the members were selected considering their individual expertise and experience. The committee is expected to provide an independent assessment of the disputed events.

Police Action Under Scanner

The panel will examine allegations involving the use of pellet guns, electric batons, lathi charges and tear gas against protesters.

It will also assess whether the force used during crowd control was proportionate to the situation and consistent with the rights of peaceful protesters.

The inquiry will not be limited to allegations against the police. Claims of violence by protesters against security personnel, injuries suffered by officers and damage to public property will also form part of the assessment.

Women Protesters A Priority

The Supreme Court has directed the committee to give priority to allegations of targeted violence, harassment and molestation of female protesters.

The panel will also examine complaints relating to medical assistance and compensation for victims.

The court has indicated that the inquiry should take a broad view of the events rather than focus solely on the use of force by security personnel.

Surveillance Issues Included

Questions surrounding police surveillance and the use of technologies such as facial recognition will also receive attention.

The Supreme Court has separately indicated that issues involving privacy, surveillance and the fundamental right to life and personal liberty under Article 21 will ultimately require judicial consideration by the apex court itself.

The distinction means the committee will assist the court with fact-finding, while constitutional questions will remain for the judges to decide.

FIRs May Face Review

The Supreme Court is also considering whether criminal cases registered against student protesters should be quashed.

The bench has indicated that it could consider its extraordinary powers under Article 142 of the Constitution in appropriate cases. However, it has made clear that protesters with serious criminal antecedents may require separate consideration.

The court has expressed concern about the long-term consequences of criminal proceedings for young students.

Probe Will Continue

The HPEC will not function as a one-time fact-finding exercise. The Supreme Court has asked the panel to conduct continuous and periodic assessments and submit interim findings.

This approach allows the court to receive findings while related proceedings remain under consideration.

The panel will also provide an avenue for both sides to present evidence and suggestions, while witnesses and complainants may approach it with safeguards for their identities.

Court Awaits Findings

The committee's findings could play an important role in determining whether security personnel used disproportionate force and whether protesters or other individuals committed offences during the demonstrations.

The Supreme Court has stressed that the inquiry must consider the rights and grievances of protesters alongside injuries to police personnel and damage to public property.

The Supreme Court student protest probe therefore puts the conduct of both security forces and protesters under independent scrutiny, with the panel's periodic findings expected to assist the court in deciding the wider legal and constitutional questions.