Chief Justice of India Justice Surya Kant on Tuesday said the law will take appropriate action against anyone who has transgressed their limits and committed atrocities against innocent people. However, a completely independent, impartial, and transparent investigation is essential for this. If accountability is not fixed, such an investigation loses its meaning, he said. Notably, the Supreme Court indicated that it will order the constitution of a High Powered committee which will investigate incidents of violence in Delhi and other States also.
Investigation must be independent, fair, and transparent: CJI
During the hearing of the matter, the CJI stated that there must be a thorough investigation into this matter and there is no doubt about that. The investigation must be independent, fair, and transparent and we will announce its composition later, he said.
He said this as the Supreme Court heard the petitions regarding the police action against protesters during the 'Parliament March' on July 20. A bench comprising CJI Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana is hearing the matter. The petitioners have sought action against the erring police personnel as well as the formulation of nationwide guidelines for future protests.
During the hearing of the matter, senior Advocate Gopal Sankaranarayanan stated that the matter relates to protests taking place across the country and the incidents have occurred in several places, including Madhya Pradesh, Nagpur, and Bihar; it is not limited to Delhi alone. Many such incidents have come to the limelight.
CJI says various allegations have been raised in petitions
To this, the CJI stated that various allegations have been raised across the petitions. “However, looking at the broader picture, one issue concerns the use of pellet guns, resulting in a 19-year-old youth losing his eyesight. Incidents involving the use of electric batons have also been reported; a young woman had to be admitted to the ICU. There are also allegations of life-threatening injuries caused by the use of nail-studded batons,” he said.
He said there is also a case involving an assault on a media person—a matter that was mentioned yesterday as well; it is alleged that he was brutally beaten. Allegations of violence committed by plain-clothed police personnel have also been raised, he said.
In another instance, it is alleged that a young woman was slapped by a police officer without any provocation. A separate petition regarding alleged excessive police action has also been filed today, he added.
This was a completely peaceful protest by students raising certain demands: CJI
The CJI remarked that there was no need for elaborate arguments as this was a completely peaceful protest by students raising certain demands, and it fell within the constitutional framework. “Their perspective is that such peaceful protests often attract uninvited guests who arrive with their own agendas and soon become co-hosts of the event. The students have stated that they were treated this way despite exercising their constitutional rights. Every stakeholder should come forward with constructive suggestions. Regarding the protocols previously suggested by this Court—as time passes, many things are unfolding in unconventional ways. We need to determine what kind of tear gas or other measures should be used and whether their use should be permitted... after all, protests are a part of democracy,” he said.
Advocate Gopal Sankaranarayanan informed the Court that an Assistant Sub-Inspector (ASI) himself smashed car windows—an incident captured on video. “These individuals acted with total impunity. We want accountability to be fixed at the higher levels; unless this Court does so, the police will continue to believe they can get away with it,” he said.
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