The Supreme Court directed all concerned authorities to preserve all CCTV footage of the incident site. The court also made it clear that no action will be taken against those people against whom no criminal case was already registered, but cases were registered against them during the protest.
The petitioners demanded action against the guilty policemen, investigation by the SIT under the supervision of a retired Supreme Court judge and creation of uniform guidelines across the country for future peaceful protests.
During the hearing, CJI Surya Kant said that it was a completely peaceful demonstration of the students, in which they kept their demands within the constitutional ambit. He said that in such movements, some uninvited guests often join, who come with their own agenda and gradually become a part of the movement.
He said that it is natural to have agitation in a democracy and now the time has come to decide under what circumstances and in what manner means like tear gas should be used. He also appealed to all parties to give constructive suggestions.
Senior advocate Gopal Shankar Narayan, appearing for the petitioners, told the court that an ASI himself broke the glass of the car, video of which is also available. The police acted without any hesitation and until responsibility is fixed, such cases will continue to recur. He said that a former Supreme Court judge can be included in the SIT.
On this, CJI Surya Kant said that the court prima facie believes that this is a matter of independent, impartial and transparent investigation. Whoever has violated the law, action will be taken against him and if accountability is not fixed then the investigation will have no meaning. The court will decide on the composition of the SIT later.
During the hearing, senior advocate Shadan Farasat told the court that even though the Bihar government has announced withdrawal of the FIR, more than 150 minors are still in custody. He alleged that many children were detained for more than 48 hours and produced before a magistrate after about 40 hours. He said one of the detained children was only 13 years old and all minors should be released immediately.
At the same time, Solicitor General Tushar Mehta told the court that 250 policemen were injured in this incident, many of whom needed stitches. He said that the truth should come out as it does not seem that students can commit such violence. According to him, some anti-socials and ‘uninvited guests’ had joined the protest. He claimed that the government has data which shows that accused in cases like murder, rape and NDPS were also present there.
However, Tushar Mehta also said that if excessive force has been used on students then it is a matter of serious concern and the government stands with the students. He said that at the same time nothing should happen which reduces the morale of the police. He reiterated that the government is also in favor of an independent investigation in this matter and the final truth will emerge only after the investigation is completed.
During the hearing, senior advocate Prashant Bhushan also raised the issue of Junaid Malik, who distributed food during the protest. He alleged that the police took Junaid Malik into custody and took him to Mussoorie and his family is being continuously tortured. Considering the matter as serious, the Supreme Court has fixed further hearing on August 3.
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