State govts can close or withdraw FIRs against students involved in recent protests: SC

New Delhi, Aug 4: The Supreme Court on Tuesday clarified that the Delhi government and other state governments are free to take steps for closure of cases registered against students who participated in recent protests, including those at Delhi’s Jantar Mantar.

A three-judge Bench headed by Chief Justice Surya Kant said its July 28 order permitting prosecution of protesters with “criminal antecedents” was intended only for those accused of grave and heinous offences.

The clarification came while the court was hearing petitions alleging excessive police action against students who participated in protests at Jantar Mantar on July 20 and at other places over the NEET examination paper leak issue. Families of injured police personnel had also approached the court seeking action against protesters accused of assaulting police officers.

Solicitor General Tushar Mehta, appearing for the Centre, told the Bench that the government stood by its assurance to facilitate withdrawal of cases against students, but there was confusion over the legal terminology. He said criminal law does not provide for withdrawal of an FIR and that the appropriate course could include filing a closure report, seeking withdrawal of prosecution or approaching the competent court for quashing of proceedings.

Chief Justice Surya Kant said the court would lay down a protocol governing the circumstances and manner in which pellet guns could be used.

The Bench also said it was considering either constituting a Special Investigation Team of police officers to probe allegations of police excesses or appointing a committee headed by a retired judge.

The matter has been posted for further hearing on August 18. (Agencies)