NEW DELHI: The Supreme Court on Monday clarified that the Delhi government and other state governments may close or withdraw FIRs registered against students who participated in protests over the alleged NEET paper leak, provided they have no criminal antecedents involving grave and heinous offences.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said the expression “criminal antecedents” should be restricted to serious and heinous offences.
Solicitor General Tushar Mehta told the court that the Union government remained committed to not pursuing criminal cases against protesting students, except those with serious criminal backgrounds.
He said FIRs involving more than 2,700 people with antecedents linked to grave and heinous crimes would not be withdrawn.
During the hearing, senior advocate Gopal Sankaranarayanan alleged that protesters, including children of lawyers, were assaulted during the agitation.
Referring to video footage submitted before the court, he sought directions to the Delhi Police Commissioner and the Rapid Action Force authorities to examine allegations of excessive force, including the alleged use of pellet guns.
The matter has been listed for further hearing on August 18.
The Supreme Court had earlier observed that police excesses or a lathi charge could not be justified merely because an agitation was taking place. It had underlined that the right to peaceful protest was “absolutely guaranteed”.
Clashes had erupted during a march in Delhi on July 20 when protesters allegedly attempted to move towards Parliament. Security personnel used lathis and tear gas shells to disperse the crowds.
