The Supreme Court on Wednesday observed that law enforcement authorities should exercise caution and restraint while handling student protests, stating that the “most powerful force” available is to listen to the youth and counsel them. The bench comprising CJI Surya Kant and justices Joymalya Bagchi and V Mohana cautioned that any “aggressive action in the name of the mighty State” could worsen the situation, triggering further unrest.
“Youngsters are required to be pacified, counselled, and any aggressive action in the name of the ‘mighty State’ can unnecessarily aggravate the situation and precipitate further violence. That needs to be avoided,” the bench remarked.
Plea seeks action against CJP
The remarks were made while hearing a plea seeking action against the Cockroach Janta Party (CJP). The petition accused the party of orchestrating violence during the July 20 “Sansad Chalo” march in Delhi, including reported incidents of stone-pelting. The SC directed that the plea be clubbed with the batch of petitions concerning the student demonstrations which are already pending before it and the alleged police action during the protests.
The fresh petition has been filed by former IAF officer Manish Solanki seeking action and accountability against the July 20 march organisers and alleged rioters. Meanwhile, the plea also appealed to restrain the Centre and states from withdrawing riot cases linked to the recent student protests solely based on any political understanding. It also seeks directions to identify individuals who passed derogatory comments against cops or security personnel and ask them to engage in community service.
“It has been 15 days and….” advocate Ahmad tells SC
While hearing the petition, advocate Rizwan Ahmad, representing the petitioner, argued that while concerns were raised about the accountability of police and governments, the protest organisers had escaped scrutiny. “It has been 15 days, and after having created mayhem in a sensitive area, they are just moving from one television channel to another, delivering provocative speeches and still fanning the fire. The government could be on the back foot now, but society and this court cannot be,” he submitted.
The bench indicated that the issues raised would be looked into alongside the larger batch of pending matters. “Better we hear this with the batch of other matters where several related issues are pending. We are open to all kinds of suggestions, viewpoints and dissenting views,” the court said.
“Stone-pelters cannot be let off”: Petitioner’s counsel contends
The petitioner’s counsel further argued that stone-pelters and those involved in violence could not be allowed to escape accountability just because governments were willing to withdraw criminal cases. “Ours is a petition arguing for community service. Stone-pelters cannot be let off. There was stone pelting yesterday in Rajasthan, and this can happen anywhere else. This will become a dangerous precedent. The government in the NCT of Delhi is bending backwards, and this can become a dangerous trend in other states too,” Ahmad contended.
Court expresses willingness to facilitate withdrawal of criminal cases
Addressing these concerns, the bench underlined that democratic protests should start peacefully and that the law enforcement authorities too must exercise caution and restraint if isolated incidents take place. According to media reports, the bench had also expressed its readiness to facilitate the withdrawal of cases against eligible students so that FIRs did not “keep hanging on their heads”. At the same time, the Court clarified that the benefit would not extend to those involved in committing serious offences like murder, rape or kidnapping.
