Candidates and students who participated in protests against the NEET question paper leak have received significant relief from the Supreme Court, which clarified that state governments, including the Delhi government, have complete freedom under law to withdraw FIRs registered against protesters who do not have a serious criminal history. The key directions were issued by a three-judge bench headed by Chief Justice of India Justice Surya Kant. Notably, Solicitor General Tushar Mehta, appearing for the Centre, informed the court that the intention was to ensure cases do not continue against students who have not committed serious offences.
The bench also provided clarity on what constitutes “serious criminal history,” observing that the term applies only to the gravest offences such as murder, rape and terrorism, and should not be used to bracket individuals involved in minor cases or those who merely participated in protests, thereby jeopardising their futures. At the same time, the Centre stated unequivocally that cases against more than 2,700 individuals who already have a substantial history of serious crimes would not be withdrawn. The court further reiterated that the right to protest peacefully is available to all citizens.
The court also witnessed intense discussion over the manner in which police resorted to lathi-charge and used tear gas against protesters who were marching toward Parliament near Jantar Mantar in Delhi on July 20. Senior advocate Gopal Sankaranarayanan brought to the court’s attention that the children of lawyers were also attacked during the protests, submitting 300 videos in support of this claim. Recalling the court’s earlier caution that arbitrary police conduct and lathi-charges cannot be justified merely on the ground that a protest is underway, the petitioners sought an inquiry into alleged police excesses.
On the question of crowd-control measures, the Supreme Court indicated that it would formulate comprehensive guidelines governing the use of pellet guns against protesters, framing clear norms specifying the emergency circumstances under which such weapons may be deployed. The bench additionally stated that it was examining the possibility of constituting a high-level committee to conduct a thorough investigation into the incidents that occurred during the protests.
The Supreme Court has posted the matter for further comprehensive hearing on August 19.