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Supreme Court Orders Release of Minor, First-Time Student Protesters; Seeks Probe Into Police Excesses

The Supreme Court has directed states to free detained protesters under 18 and those with no criminal record, while ordering the preservation of evidence and considering an independent inquiry into alleged police brutality 

28-07-2026
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The Supreme Court on Tuesday issued a series of interim directions concerning students detained during nationwide demonstrations over examination paper leaks, ordering authorities to release those below 18 years of age and those with no previous criminal record.

The court also directed that no coercive steps be taken in cases registered against students who participated in the Cockroach Janta Party-led protests at Delhi's Jantar Mantar and in other parts of the country.

A three-judge bench headed by Chief Justice Surya Kant clarified that the relief would not apply to individuals with a criminal history. The court also indicated that it may constitute a high-level committee to investigate allegations of excessive force used by police during the protests, as well as claims of violence against security personnel.

Notices were issued to the Centre and the governments of Maharashtra, Bihar, Assam, West Bengal, Madhya Pradesh, Uttar Pradesh and Delhi.

Court Calls for Accountability Over Alleged Excesses

The proceedings stem from several petitions challenging the police response to protests in different states, including the July 20 confrontation during a march towards Parliament.

One petition, filed by RJD MP Manoj Jha, alleged that a police officer in Bihar had used an AK-47 during the unrest.

The protests, which continued for several weeks, eventually contributed to the resignation of Education Minister Dharmendra Pradhan, while the government moved to introduce stricter measures against examination malpractice and paper leaks.

The Chief Justice said any individual found to have exceeded legal limits or taken the law into their own hands must face accountability. He stressed that an investigation would serve little purpose unless responsibility was clearly established.

The court ordered authorities to preserve all relevant evidence linked to the demonstrations, including CCTV recordings, drone footage, body-camera videos, wireless communication records and PCR logs.

It also directed that the identities and personal information of protesters should not be disclosed publicly.

Supreme Court Questions Use of Force

The bench raised concerns over allegations that security forces used pellet guns, electric batons and sticks fitted with nails while dealing with protesters during the July 20 incident.

The court was informed that one young person reportedly suffered permanent loss of eyesight after being injured by pellets.

Chief Justice Surya Kant said the authorities needed to develop a consistent national framework for managing public demonstrations. He questioned the type of crowd-control measures that should be permitted, observing that peaceful protest is an essential part of a democratic system.

The court also emphasised the need for a uniform police protocol to deal with large-scale demonstrations across the country.

Centre Seeks Investigation Into Violence Against Police

Solicitor General Tushar Mehta, appearing for the Centre and Delhi Police, told the bench that around 250 police personnel were injured during the July 20 violence.

He supported the idea of an impartial investigation but also argued that the possibility of criminal elements entering the student-led movement should be examined.

The Chief Justice said the proposed inquiry should establish whether the people accused of attacking police officers were actually students who had participated in the protest.

Mehta claimed that some individuals facing serious criminal charges, including rape and offences under narcotics laws, had also been present at the demonstrations.

According to an internal Delhi Police report cited by India Today, 989 people who attended the CJP-led protests had allegedly been previously linked to offences including rape, robbery and kidnapping. The claims and the circumstances surrounding the alleged participation are expected to form part of the broader debate over the protests and police response.

The Supreme Court had, during the previous day's hearing, observed that merely holding an agitation does not automatically justify a lathi-charge and reiterated that peaceful and lawful demonstrations are constitutionally protected.

The case will be taken up again on August 3, when the court is expected to consider further directions on the proposed investigation and the handling of cases registered during the protests.

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