The student protest led by the Cockroach Janata Party at Delhi’s Jantar Mantar continued from 20 June to 25 July.
The Supreme Court has rejected a plea seeking the replacement of the High-Powered Enquiry Committee (HPEC) investigating allegations of violence during student protests at Jantar Mantar on July 20.
A bench comprising Chief Justice of India Suryakant and Justices Joymallya Bagchi and V. Mohana said the committee had only recently begun its investigation. The court observed that raising objections against its composition at this stage was premature.
The bench said the allegations against the HPEC were based on assumptions. It noted that the committee was constituted to assist the court in conducting an impartial and transparent inquiry and was not intended to favour either side.
Five-member HPEC formed on August 18
The Supreme Court constituted the five-member HPEC on August 18, with former Supreme Court judge Justice R. Subhash Reddy as its chairperson.
The committee has been tasked with investigating allegations of violence at Jantar Mantar and other locations. These include allegations of excessive use of force by police against protesters as well as violence against security personnel.
The HPEC will submit its findings directly to the Supreme Court and function under its supervision.
The court has directed the committee to first examine the alleged use of pellet guns. It will also investigate allegations of violence and harassment against women protesters, violence by both sides and damage to property.
The Supreme Court said broader constitutional issues arising from the protests would be considered at a later stage.
Witness identities to be kept confidential
The court has directed that the identities of sensitive witnesses be kept confidential. Their statements and evidence will also be protected.
A separate online portal may be created to allow witnesses to submit documents and other evidence confidentially.
The court clarified that the nodal council would only assist it and would not act as an intermediary between the HPEC, the court and the parties involved in the case.
Two lawyers appointed as amici curiae
The Supreme Court has appointed senior advocate Dr Monika Gusain and advocate-on-record C. Solomon as amici curiae. They will assist the court in the proceedings involving the two sides.
The court has also directed that a member-secretary be appointed to the HPEC and asked the committee to submit its first report at the earliest.
Security ordered for 14-year-old protester
During the hearing, the court was informed that a 14-year-old protester and her family had allegedly received death threats.
The Supreme Court directed the Delhi Police to assess the threat and provide necessary security to the girl and her family. It also ordered the police to promptly investigate complaints concerning threats and harassment.
The Delhi Police has been directed to submit a status report before the next hearing.
The matter will next be heard on October 9.
