The Supreme Court on Thursday formed an enquiry committee to investigate the alleged police excesses during last month’s youth protests and violence against security forces.
The five-member panel will be headed by Justice R Subhash Reddy, a retired Supreme Court judge. The other members are former Punjab and Haryana High Court Chief Justice Ravi Shankar Jha, former Delhi High Court Justice Shalinder Kaur, former Central Bureau of Investigation Director Rishi Kumar Shukla and retired Meghalaya police chief LR Bishnoi.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order on Tuesday while hearing petitions alleging that the police used excessive force against protesters marching to Parliament in Delhi on July 20. The order was published on the court’s website on Thursday.
During the protest, several demonstrators were injured after the security personnel used lathis, fired tear gas and pellet guns to disperse the crowd.
The petitioners also pointed out instances of the police in Bihar using allegedly excessive force against protesters who were demonstrating in solidarity with the youth agitation in Delhi.
In its order, the court said that the committee will examine the suggestions made by the petitioners as well as the respondents, which includes the Union government.
The petitioners have suggested that the panel should examine the use of allegedly “excessive and disproportionate” force by the police, including the use of lathi-charge and tear gas against the protesters, use of pellet guns, electric batons and the “monitoring and surveillance” of demonstrators.
The petitioners also urged the committee to look into alleged cases of “targeted violence, harassment and molestation” of female protesters.
They further called for the panel to look into aspects such as ensuring that the police and security personnel wear proper uniforms and visible nameplates while carrying out arrests or while using force, and preventing the routine use of prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita to stop peaceful protests.
The court said that the allegations of targeted violence and sexual harassment against women protesters should be taken on priority.
Meanwhile, the respondents submitted that the committee should examine the alleged use of force and violence by protesters against the police and damage to public property allegedly caused during the demonstrations.
The respondents also said that the injuries suffered by police personnel on duty, along with the “mental and emotional trauma” faced by their families “deserved recognition and consideration” on par with the grievances raised by the petitioners.
The bench asked the committee to submit its interim findings periodically to enable the court to “take appropriate measures and issue such directions” as needed.
It also ordered that security camera recordings of the protests and body-camera footage of the police and security personnel, which had earlier been ordered to be preserved, be handed over to the committee.
The court clarified that setting up the panel would not prevent the police or the authorities from taking administrative or disciplinary action against officers found to have violated service rules.
The bench urged the committee to submit its first interim report at the earliest. The matter will be heard next on September 10.
Written by Anamika Pathak. Edited by Nachiket Deuskar.
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