Supreme Court clarifies: States can withdraw cases against paper leak protesters

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In a development that would bring relief to students named in police cases for participation in protests against paper leaks in Delhi and other states, the Supreme Court on Monday said the respective state governments can close or withdraw such cases. This relief, however, would not extend to those named in serious criminal cases in the past.This comes five days after a three-judge bench led by Chief Justice of India Surya Kant said, “NCT of Delhi and other States may proceed with the investigation of the FIRs registered; however, no coercive measures shall be taken against the protesting students. Such protection, nonetheless, shall not be extended to the persons with criminal antecedents.”The court’s clarification comes after some of the petitioners contended that the July 28 order may block the withdrawal of cases against protesters, who do not have a criminal record.The Cockroach Janta Party, which led the protests in Delhi, had reached an understanding with the Centre that no action would be taken against the protesters in Delhi and elsewhere. Following the July 28 order, CJP spokesperson Saurav Das said the court’s directions contradicted the government’s assurance that no protester would be directly or indirectly targeted for participating in the peaceful movement.The bench, also comprising Justice Joymalya Bagchi and Justice V Mohana, clarified on Monday that by “criminal antecedents”, it meant only “grave and heinous offences”. Appearing for the Centre and the Delhi government, Solicitor General Tushar Mehta replied, “That’s how we have also understood.”The Supreme Court is hearing petitions on alleged police excesses on the July 20 march to Parliament, which left scores of protesters and security personnel injured. The court is also hearing petitions by families of injured police personnel and some journalists who were allegedly attacked.Earlier, the court considered setting up a Special Investigation Team to probe various aspects of the matter and had sought response from the Centre and the Delhi government. On Monday, Mehta told the court that they would take more time to respond. Mehta also told the bench that police had found that 2,738 people, who have cases of murder, rape and child abuse against them, visited the protest site in Delhi’s Jantar Mantar.