SC refuses to alter high-powered committee in NEET protest case

The bench remarked that it will pass an order that there will be a public notice and response to the public notice.

New Delhi: The Supreme Court on Thursday, September 10, made it clear that it will not agree to any changes in the reconstitution of the five-member high-powered committee headed by former top court judge R Subhash Reddy to examine allegations of police excesses against student protesters in Delhi recently and violence against police personnel.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana said that it will not proceed on a presumption that a committee constituted by it was biased.

“Committee is our extended hand. We will not agree to any changes. The committee will be working under the supervision of the Supreme Court. We will not re-constitute. Let this committee function, we will see. We are not running away. If anyone feels the committee has gone wrong somewhere, you tell us. We will give open hearing,” the CJI observed.

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Adv Prashant Bhushan says there’s a conflict of interest

During the hearing, advocate Prashant Bhushan, appearing for one of the petitioners seeking reconstitution, submitted that one of the members of the panel who was a former DGP of a north-eastern State was under a “conflict of interest” as he is a close friend of a high functionary who was likely to be under investigation.

Senior advocate Gopal Sankaranarayanan echoed Bhushan’s views.

“Our first request is that since the High-Powered Committee has to function independently, it should have a separate amicus and Advocate-on-Record. The committee cannot be represented through government counsel,” Sankaranarayanan said.

Solicitor General opposes their submission

Solicitor General Tushar Mehta opposed the submissions and asked the apex court to ignore such allegations.

“According to them, the entire country is dishonest, except one or two people,” Mehta said.

The CJI told the lawyers that the retired Meghalaya DGP was selected in the committee as he was a DGP of a north-eastern State, and hence unlikely to be proximate to political parties in the mainland.

The bench remarked that it will pass an order that there will be a public notice and a response to the public notice.

“Whoever wants to appear before the committee will be entitled to submit their viewpoint, information, documents or evidence. The committee will consider it. The Member Secretary will, in a way, be the custodian of the record and will place the entire material before the committee. Normally, it could be a retired district judge or some other judicial officer,” the bench said.

When the lawyers continued to press for reconstitution, Justice Bagchi said, “We will look into your reservations concerning that member. But to say that a member of a committee presided over by a former judge of this court and selected by us should start with a presumption of bias is something we cannot accept.”

Greater Noida Executive magistrate suspended: Mehta informs SC

Mehta also told the court that the Greater Noida executive magistrate who issued a show-cause notice to a student for taking part in the CJP-led Jantar Mantar protest has been suspended.

Earlier, the top court had formed a five-member high-powered committee headed by former top court judge Justice Reddy to examine allegations of police excesses against student protesters in Delhi recently and violence against police personnel.

It had said the committee would also comprise former Punjab and Haryana High Court Chief Justice Ravi Shankar Jha, former Delhi High Court judge Shalinder Kaur, former CBI director Rishi Kumar Shukla and retired Meghalaya DGP L R Bishnoi.

The committee has been asked to examine use of excessive force and violence against protesters by police, including the deployment of pellet guns, as well as the alleged use of force and violence by protesters against police officials and other security personnel.

Committee after pleas alleged police excesses

“This HPEC (High-Powered Enquiry Committee) has been constituted bearing in mind a wide variety of considerations, including the individual expertise and experience of each of its members, as well as the diversity of the committee, among other factors.

“We are confident that the recommendations of the HPEC will be of invaluable assistance to this court, and the committee will be able to undertake a comprehensive assessment of all such issues as merit due contemplation,” the bench had said.

The order came on a batch of pleas alleging police excesses against student protesters during the agitation spearheaded by the Cockroach Janta Party (CJP) and allegations of violence against police personnel.

The CJP-led march to Parliament on July 20 in Delhi saw clashes between protesters and security personnel, who used lathis and teargas shells to disperse crowds attempting to move towards Parliament.

The student-led protests, which spread to several cities, were centred around the demand for resignation of Union Education Minister Dharmendra Pradhan.

The agitation, which began at Jantar Mantar on June 20, was called off on July 25 after Pradhan resigned and the government accepted the CJP’s other demands.