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SC to take up pleas on police ‘excesses’ today

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The Supreme Court will on Monday hear petitions alleging police brutality during the recent CJP protests over the NEET paper leak.The matter will be taken up by a Bench led by Chief Justice of India Surya Kant, which had earlier indicated that it may constitute a Special Investigation Team (SIT), headed by a former Supreme Court judge, to probe allegations made by protesters and pellet-gun victims and determine whether attacks on police personnel were carried out by students or by “miscreants”.On July 28, the court restrained states from taking any coercive action against protesters and directed the release of those below 18 years of age, provided they had no criminal antecedents.The Bench observed that a fair and independent investigation was necessary and that anyone found to have committed excesses or taken the law into their own hands should be held accountable.“All states are hereby instructed to release children under the age of 18 who have been reported to be arrested or detained in connection with the student protests and who do not possess any criminal antecedents,” the court had ordered.It added that, if necessary, such children may be released on the execution of a simple bond by themselves or their family members, particularly if surety is required.The court further directed that the Delhi Government and other states may continue investigating the FIRs registered in connection with the protests, but no coercive measures should be taken against protesting students. “Such protection, nonetheless, shall not be extended to persons with criminal antecedents,” it clarified.The Bench also directed the states concerned to preserve CCTV footage, drone recordings, body-camera footage, wireless communication records, PCR logs and other digital evidence related to the protests.In the interest of justice, the court said it would first allow the Centre and the states concerned to place their versions on record before deciding whether to constitute an independent committee or an SIT.Notices were issued to Maharashtra, Bihar, Assam, Uttar Pradesh, Madhya Pradesh, West Bengal and Kerala, with their Advocates General asked to appear virtually at the next hearing.

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