The Supreme Court on Friday dismissed a plea seeking an investigation into the FIRs registered by Delhi Police against student protesters who participated in CJP-led Jantar Mantar protests in July. The court observed that the petition amounted to challenging the top court’s earlier order quashing the FIRs and barring new FIRs.
“Your client should see our order. This petition is like seeking review of our order,” CJI said.
The court clarified that it had exercised its special powers under Article 142 of the Constitution to quash the FIRs considering the future of the student protestors.
“You say we should not have invoked Article 142 and quashed FIRs. Please appreciate, these are young students. You have to see their parents, their future. We don’t want them to have come to court,” CJI Surya Kant said.
The CJI also mentioned a recent order quashing criminal cases in Himachal Pradesh over public protests held during the Covid-19 pandemic, considering that the protestors were young students, not hardened criminals.
The petitioner’s counsel, Advocate Mathews J Nedumpara, submitted that the judiciary cannot interfere in police functions as they are “independent and sovereign.” Nedumpara questioned the maintainability of the PIL, arguing that people approach the court as if it were their “private property.”
To recall, the Delhi Police had registered FIRs during CJP-led protests between 20 and 25 July against NEET paper leak and alleged irregularities in the education system. The action invited public outrage. Later, the Supreme Court ordered the quashing of those FIRs.
The current petition by L Ramanathan sought a declaration that the police have independent authority in law and order and criminal investigation matters, and that there shall be no interference unless the police violate the law. It seeks directions to the Centre, the Delhi Police Commissioner, and the Delhi Government to ensure independent investigation into the FIRs registered over the July protests.
