New Delhi: The Supreme Court on Tuesday ordered the immediate release of minors detained during recent student demonstrations and barred police from taking coercive steps against peaceful student protesters or publishing their personal data, while directing a thorough, impartial probe into violence that erupted at protests in Delhi and several states.
A bench led by Chief Justice of India Surya Kant, with Justices Joymalya Bagchi and V Mohana, said the incidents surrounding the NEET-related protests — including the July 20 “Sansad Chalo” march — warranted “a thorough, fair and impartial” investigation, and issued notices to the Union government and chief secretaries of Delhi, Maharashtra, Bihar, Assam, Kerala, West Bengal, Madhya Pradesh and Uttar Pradesh.
“The allegations by petitioners make out a prima facie case for an independent probe,” the court said, noting that the inquiry must also examine complaints from families of injured police personnel. The bench took cognisance of claims of police excesses as well as allegations that police personnel suffered injuries.
Protection Excludes Criminals
The court ordered that all protesters under 18 and those with no criminal antecedents be released immediately, but clarified the interim protection would not cover “anti-social elements” or individuals with criminal records, as reported by Hindustan Times.
Solicitor General Tushar Mehta, representing the Centre and Delhi Police, told the court the government did not oppose an independent investigation, adding: “If students have suffered in any manner, perpetrators have to be brought to book.”
Mehta also urged that attacks on police officials be probed and suggested some protests may have been infiltrated by non-students, a point the bench said required scrutiny. “There is always a danger of discrediting a peaceful movement,” the judges observed, stressing that both narratives — allegations of excessive force and claims of violence against police — must be examined.
Evidence To Be Preserved
The apex court flagged specific complaints including use of pellet guns, electric batons, lathi charges, assaults on women protesters and media persons, and reports that plainclothes officers were involved in violence.
“Use of pellet guns, electric batons and lathi resulting in life-threatening injuries are some of the issues… Excessive use of pellet guns is something that needs to be looked into,” the bench said, while also recording that more than 200 police personnel had reportedly been injured.
The court ordered that CCTV footage, drone and body‑worn camera recordings, wireless communication logs and PCR call records related to the protests be preserved. Police must also keep digital records of protesters but are barred from disclosing any personal information publicly.
Future Directions
The bench said it was considering constituting a high-powered committee to investigate incidents outside Delhi and indicated it might revisit earlier caselaw on policing protests.
“The previous judgments with the passage of time may require some modifications… A time has come to collate all these principles and update them,” the court said, inviting stakeholder input on permissible use of tear gas and other force-control tools.
The matter will be listed again next Monday for responses from the Centre and the states.
