Law & Justice

Supreme Court Rejects Reconstitution of Police Excesses Probe Panel, Citing Conjectural Allegations

By PTI

The Supreme Court has declined to reconstitute a five-member high-powered committee established to investigate alleged police excesses against student protesters in Delhi. The court stated that allegations against the panel were based on conjecture and preconceived notions. A bench, including Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana, affirmed that the committee was formed to provide assistance with fairness, transparency, and a dispassionate approach. The order, dated September 10 and uploaded online on Tuesday, clarified that the High-Powered Enquiry Committee (HPEC) is not intended to advocate for any party. The court emphasized that it was not inclined to alter the committee's composition, especially since the request for reconstitution stemmed from conjecture articulated before the HPEC began its inquiry. The top court instructed the HPEC to proceed with its investigation into issues such as the use of pellet guns, targeted violence, harassment of female protesters, and excessive violence and property destruction by either side. Regarding concerns about witness treatment, the court requested the HPEC to provide protection to vulnerable witnesses and keep their identities confidential. It also suggested creating a separate online portal for these witnesses and other stakeholders to submit documents and evidence. Senior Advocate Monika Gusain, along with advocate C Solomon, will assist the HPEC as its representative and act as an independent arbiter. The bench also requested the HPEC to appoint a member secretary promptly to facilitate logistical and secretarial support. Earlier, advocate Prashant Bhushan, representing a petitioner seeking HPEC reconstitution, alleged a conflict of interest involving a panel member, a former DGP of a northeastern state, due to his friendship with a high-ranking official potentially under investigation. Senior advocate Gopal Sankaranarayanan supported Bhushan's views, while Solicitor General Tushar Mehta opposed these submissions. The Supreme Court formed the HPEC, led by former top court judge R Subhash Reddy, to examine allegations of police excesses against student protesters during the Cockroach Janta Party (CJP)-led protest march on July 20 in Delhi, and violence against police personnel. The committee members include 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 retired Meghalaya DGP L R Bishnoi. The court expressed confidence that the HPEC's recommendations would be valuable and that the committee would comprehensively assess all relevant issues. The CJP-led march to Parliament involved clashes between protesters and security personnel, who used lathis and teargas. The agitation, which started at Jantar Mantar on June 20, concluded on July 25 after the resignation of then Union education minister Dharmendra Pradhan and the government's acceptance of other CJP demands.