SC Allows Withdrawal of Cases Against Student Protesters, Excludes Heinous Offences
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court has permitted Delhi and state governments to withdraw or close FIRs lodged against student protesters during NEET paper leak protests. This decision aims to allow students to continue their studies without fear of prosecution. The court also indicated it will lay down guidelines for the use of graded force by police.
Background
The Supreme Court had earlier stayed coercive action against student protesters but allowed investigations to continue, causing uncertainty among students. The recent order clarifies that genuine student protesters can have cases dropped, while those with criminal antecedents involved in violence will not be covered.
Key facts
The Supreme Court permitted governments to withdraw or close FIRs against student protesters in NEET paper leak protests.
The bench comprised CJI Surya Kant, Justices Joymalya Bagchi and V Mohana.
Solicitor General Tushar Mehta assured the court that modalities for dropping cases are being discussed.
Cases against 2,738 individuals with criminal antecedents (accused of rape, murder, POCSO) will not be dropped.
The court said the rider applies to heinous and grave offences, not petty offences or political cases.
The court emphasized that student protesters should be considered differently to keep them in the mainstream and not disturb their education.
The matter is posted for further hearing on August 18.
The court also expressed intent to lay down norms on the use of graded force by police.
Prelims pointers
- Supreme Court of India
- NEET paper leak protests
- FIR (First Information Report)
- POCSO Act
- Solicitor General of India
- CJI (Chief Justice of India)
- Graded force
Mains angles
- Discuss the role of the judiciary in protecting the rights of student protesters while balancing law and order.
- Critically examine the criteria for withdrawing cases against protesters and the implications for criminal justice.
- Analyze the need for guidelines on the use of graded force by police in handling protests.