SC rejects plea to reconstitute panel probing Delhi student protest violence

The Supreme Court on Sept 10 refused to reconsider the composition of a five-member high-powered committee appointed to investigate allegations of police excesses against student protesters in Delhi and violence against security personnel.

A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, said it would not assume that the panel was biased and rejected calls for its reconstitution.

“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.

The court was hearing petitions seeking changes to the panel's composition. Advocate Prashant Bhushan, appearing for one of the petitioners, alleged that a former DGP from a northeastern state on the committee had a “conflict of interest” because of his close association with a senior functionary who could potentially come under the panel's scrutiny.

Senior advocate Gopal Sankaranarayanan supported the concern and also sought an independent legal representative for the committee.

“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 Tushar Mehta opposed the objections and urged the court not to entertain what he described as unfounded allegations. “According to them, the entire country is dishonest, except one or two people,” Mehta said.

The CJI explained that the retired Meghalaya DGP had been included because of his experience as the police chief of a northeastern state, which the court considered relevant to the panel's composition and independence from political interests in mainland India.

The bench indicated that it would issue directions requiring a public notice and inviting responses. Anyone wishing to participate in the inquiry would be permitted to provide their views, information, documents or evidence to the committee.

“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.

The court, however, said it would consider the specific concerns raised about the northeastern state police officer.

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.”

Mehta also informed the bench that the Greater Noida executive magistrate who had issued a show-cause notice to a student for participating in a CJP-led protest at Jantar Mantar had been suspended.

The Supreme Court had earlier constituted the five-member committee under the chairmanship of former top court judge Justice R Subhash Reddy.

Other members include 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 panel has been tasked with examining allegations of excessive police force against student protesters, including the use of pellet guns, as well as claims of violence by protesters against police officers and other security personnel.

The court had said the committee was formed after considering the expertise, experience and diversity of its members.

“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 committee was constituted in response to a batch of petitions alleging police excesses during student protests led by the Cockroach Janta Party (CJP), along with claims of attacks on police personnel.

The protests began at Jantar Mantar on June 20, with students demanding the resignation of Union Education Minister Dharmendra Pradhan.

On July 20, a CJP-led march toward Parliament resulted in clashes between protesters and security personnel, who used lathis and tear gas to disperse the crowd.

The agitation subsequently spread to several cities and was called off on July 25 after Pradhan resigned and the government accepted the CJP's other demands.