Expressing reservations over the composition of the five-member high-powered committee headed by former top court judge Justice R Subhash Reddy to examine alleged police excesses and violence against police personnel during the CJP protests here last month, some of the petitioners on Tuesday sought reconstitution of the panel.On behalf of the petitioners, senior advocate Gopal Sankaranarayanan mentioned the matter before a bench led by Chief Justice of India Surya Kant, seeking listing of the application next week.However, Solicitor General Tushar Mehta vehemently opposed the plea, terming it “very mischievous” and politically motivated.“It’s a very mischievous application. Let it be listed with the main matter. The prayer is to reconstitute the committee constituted by Your Lordships and investigate some ministers, so-and-so, and they have given names that this judge should be heading it, etc. But this is not a political platform. Something else is happening… Some people have perennial problems with everything,” Mehta told the bench, which also included Justice Joymalya Bagchi and Justice V Mohana.The issue is expected to be taken up early next month.As the CJI said, “We don’t appreciate mentioning of judges’ names,” Sankaranarayanan said he was only seeking listing of the application.“Even when the application is listed, I’m not going to mention names, as I didn’t last time. None of us mentioned names,” Sankaranarayanan said, urging the Bench to list the application.Advocate Prashant Bhushan supported Sankaranarayanan, saying it was a “common concern” of petitioners.“Whoever will work (as part of the committee), will work under our supervision. We have not disposed of the matter. All of you are there to assist the committee. Let them work and see,” the CJI said.Last week, the Supreme Court set up a five-member High-Powered Enquiry Committee (HPEC) headed by former top court judge Justice R Subhash Reddy to look into alleged police excesses against student protesters and violence against police personnel during the CJP protests here last month.The other members of the panel are 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 ex-Meghalaya DGP LR Bishnoi.The committee has been asked to examine use of excessive force and violence against protesters by the police, including the deployment of pellet guns, as well as the alleged use of force and violence by protesters against police officials and other security personnel and damage caused to public and private property.The top court asked the committee to address certain issues on a priority basis, foremost amongst which was the matter relating to the alleged incidents of targeted violence, harassment and molestation of female protesters.The points of reference also included “the desirability of banning the use of metallic kinetic projectiles or pellets fired from pump-action rifles or projectile-action guns, having regard to the grave and, at times, irreversible bodily harm occasioned by their deployment against protestors” and “the necessity of ensuring that police and security personnel wear proper uniforms and visible nameplates at the time of effecting arrests or using force during crowd-control operations, so as to secure accountability and enable the identification of individual officers”.The panel will also examine the allegations pertaining to the monitoring and surveillance of protestors by police personnel, and the extent to which such measures, if undertaken, were consistent with the protestors’ constitutional rights to privacy and free assembly as also the provision of medical and other requisite support, including award of compensation, to victims of alleged police abuse, including the manner and adequacy of such support extended thus far.The injuries sustained by the police forces in the course of discharging their duties, as well as the consequent mental and emotional trauma borne by their kith and kin merits due recognition and consideration on a par with the grievances raised by the Petitioners shall also be examined.The order came on petitions seeking an impartial probe into the alleged disproportionate use of police force against protesters at Jantar Mantar and other locations across India.


