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SC scraps FIRs against NEET protesters; CJP calls off Sept 5 march

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Invoking its extraordinary powers under Article 142 of the Constitution, the Supreme Court on Tuesday quashed all FIRs registered against students who took part in anti-NEET paper leak protests organised by the Cockroach Janta Party (CJP) between July 20 and 25 across the country. Terming the ruling historic, the CJP called off its September 5 march from India Gate to Police Headquarters here.“Keeping in view the future prospects of the young protesters who came to participate in a peaceful protest to raise their voice in support of certain demands, we deem it appropriate to invoke our powers under Article 142 of the Constitution in order to do complete justice between the parties,” a Bench led by CJI Surya Kant said, closing all criminal proceedings against the protesters, except those already named in cases involving heinous crimes.The Bench, which also included Justice Joymalya Bagchi and Justice V Mohana, observed that “participation in a protest by itself does not constitute a criminal offence”.It also directed the Centre to provide within three months compensation to families of students who died by suicide following the NEET paper leak controversy.Noting that the direction to quash the FIRs was being issued in the peculiar facts and circumstances of the case, it said “the order shall not be treated as a binding precedent”.It, however, gave liberty to the police to proceed against 2,873 individuals having serious criminal antecedents. The Bench clarified that its directions were without prejudice to the pending constitutional challenge with regard to the use of facial recognition technology by the police.The order came at the request of the Centre and governments of Maharashtra, Bihar, West Bengal and Assam which requested the top court to invoke its special power under Article 142 to close all cases against student protesters. Article 142 empowers the Supreme Court to pass any order necessary to ensure “complete justice” in a matter pending before it.Das read out a statement before the Bench after Solicitor General Tushar Mehta said the Centre was committed to the assurances, including withdrawal of cases, given to CJP leaders in July when they called off their 36-day protest over alleged malpractices in NEET examinations.“As a co-convener of the CJP, I want to state that in view of the positive statement of the Government of India and the judicial sanctity bestowed upon them today, and in view of the order being passed by this honourable court, the CJP deems it appropriate to withdraw the call for the march on 5th September and looks forward for the compliance of today’s order,” Das told the Bench.Solicitor General Tushar Mehta said, “That satisfies… and I trust him (Das).” At the end of the hearing, Das termed the order as “historic”.Solicitor General Mehta had on Monday urged the Supreme Court to quash FIRs registered against student protesters by invoking its extraordinary powers under Article 142. “Alright, you file. If the parties are reconciling, we have no difficulty,” the CJI had told Mehta, agreeing to take up the matter on Tuesday.Alleging that ‘history-sheeters’ infiltrated July 20 protest in which 240 cops injured, Solicitor General Mehta had earlier told the Bench that except for 2,873 individuals, who had grave cases involving grievous offences of murder, rape, abductions etc. registered against them, the cases against others can be quashed. “FIRs against student protestors must be quashed. How to do… your Lordships can decide. Anti-social elements who infiltrated (the protest) have to be probed,” Mehta had submitted.

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