The petition seeks court-monitored SIT probes into alleged police brutality between July 20 and July 25, including the Jantar Mantar crackdown and the police firing in Bihar’s Siwan district.
BY PC Bureau
New Delhi: Rashtriya Janata Dal (RJD) Rajya Sabha MP from Bihar Manoj Jha has moved the Supreme Court seeking an independent investigation into the alleged use of excessive force against students during the nationwide protests over examination paper leaks, while urging the court to direct registration of FIRs against police personnel found responsible.
The petition, filed through Advocate-on-Record Ujjwal Singh, was mentioned before a Bench headed by Chief Justice of India Surya Kant, also comprising Justice Joymalya Bagchi and Justice V. Mohana, on Monday. The Bench agreed to hear the matter on Tuesday along with other petitions relating to alleged police excess during the student protests.
Appearing for the petitioner, advocate Fauzia Shakil informed the court that the plea contains detailed material relating to incidents of alleged police violence, including the firing on protesters in Bihar.
The petition follows allegations of excessive force during protests held between July 20 and July 25, including the police action at Delhi’s Jantar Mantar and the firing in Bihar’s Siwan district, where three protesters were injured after violence erupted during a bandh called by the All India Students’ Association (AISA) over the alleged NEET paper leak.
Seeks FIRs and court-monitored investigation
Jha has sought directions to all States and Union Territories to register FIRs wherever allegations of police brutality or disproportionate use of force against peaceful protesters have been reported.
He has also sought the constitution of Special Investigation Teams (SITs) in each State and Union Territory to investigate the incidents. According to the plea, each SIT should include the Director General of Police and two senior women IPS officers of Inspector General rank or above.
To ensure impartiality, the investigations should be supervised by a retired High Court judge and monitored by the Supreme Court, with all probes completed within three months.
Preservation of evidence
The petition also seeks directions to preserve all evidence related to the protests, including CCTV footage, drone recordings, body-camera footage, police deployment records, operational plans and videos circulating on social media.
It further requests disclosure of orders issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), communications denying permission for the “Sansad Chalo” march in Delhi, barricading plans, dispersal warnings, orders authorising the use of tear gas and lathi-charge, and records relating to arrests and detentions.
The plea also seeks preservation of medical and medico-legal records of injured protesters and police personnel.
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Compensation and national guidelines
Besides seeking criminal and departmental action against officers found guilty of misconduct, Jha has urged the court to award compensation and medical expenses to victims of alleged police brutality.
The petition also seeks disclosure of all FIRs registered against students who participated in the protests, including details of the accused and the legal provisions invoked.
In addition, it asks the Supreme Court to restrain authorities from intimidating or arbitrarily detaining student protesters and to frame uniform nationwide guidelines and standard operating procedures (SOPs) governing police response to public demonstrations.
The matter will now be heard along with a batch of petitions concerning allegations of excessive police action during the nationwide protests over examination paper leaks.
