SC Rejects Plea Against FIR Relief for Student Protesters
CJI Surya Kant says the court considered students’ futures while using Article 142 to quash cases linked to the July 20 protest.
GG News Bureau
New Delhi, 9th Oct: The Supreme Court on Friday dismissed a plea challenging its decision to quash FIRs against student protesters who participated in the July 20 demonstration called by the Cockroach Janta Party (CJP), reiterating that the relief was granted to protect young students from prolonged legal proceedings.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana rejected the petition filed by L. Ramanathan, which effectively sought a review of the Court’s September 1 order cancelling FIRs registered against protesters between July 20 and 25, except in cases involving individuals with criminal antecedents.
The petitioner argued that the judiciary should not interfere with police functions, which he described as independent and sovereign. The Chief Justice responded that the Court had exercised its constitutional powers under Article 142 to quash the cases.
“You say we should not have invoked Article 142 and quashed FIRs. Please appreciate, these are young students. We have to see their parents, their future. We don’t want them to get entangled in legal cases and have to come to court,” the CJI observed.
Court Stresses Students’ Future
The July 20 demonstration saw around 30,000 people take to the streets and attempt to march towards Parliament, demanding educational reforms and the resignation of then Union Education Minister Dharmendra Pradhan.
The protest turned violent after police used force to control the crowd, leading to clashes between officers and demonstrators. FIRs were subsequently registered against protesters.
Ramanathan argued that a message needed to be sent and remarked that people often approached courts as though they were their “private property”. The Bench, however, referred to its recent order allowing the Himachal Pradesh government to withdraw prosecution in 63 criminal cases involving MPs and MLAs over demonstrations and sit-ins during the COVID-19 period.
The judges noted that the present plea was, in substance, a review petition challenging the correctness of the earlier ruling.
“Your petition is basically a review petition, saying our order was wrong,” the Court observed before dismissing it.
The ruling leaves intact the September 1 order quashing the specified FIRs, with the exception for protesters with criminal antecedents.
