The Supreme Court has issued a series of directions to the High-Powered Enquiry Committee (HPEC) investigating allegations of violence and excessive use of force during the Jantar Mantar student protests. The court has asked the panel to prioritise several key aspects of the incidents, including the alleged use of pellet guns, targeted violence and harassment of female protesters, injuries and violence involving police personnel, and property damage.
A bench headed by Chief Justice of India Surya Kant has also refused to reconstitute the HPEC after some petitioners raised concerns about its composition. The court said there could not be a presumption that a committee constituted by the Supreme Court was biased before it had properly undertaken its inquiry.
Supreme Court refuses to change HPEC
The petitioners had sought changes in the composition of the High-Powered Enquiry Committee. However, the Supreme Court did not accept the request. The court observed that the committee had not even started its investigation and said it would be premature to question its functioning based on assumptions or preconceived notions.
The Supreme Court made it clear that the HPEC has been constituted to assist the court through an impartial and transparent inquiry. The committee is not meant to work in the interest of either one side in the matter. The court directed the committee to first focus on the alleged use of pellet guns during the protest, allegations involving women protesters, instances of greater violence and damage to property from both sides.
Witness identities to remain confidential
The Supreme Court has also directed the HPEC to ensure protection for sensitive and vulnerable witnesses who come forward to present their statements. The identities of such witnesses are to be kept confidential. The court has also directed that statements made by witnesses and the evidence submitted by them should remain completely confidential.
The court suggested creating a separate online portal where witnesses and other people connected with the matter can submit documents and evidence. The move is aimed at providing a mechanism through which people who have relevant information can approach the inquiry committee and share their material while maintaining confidentiality.
Two senior lawyers appointed as amici curiae
The Supreme Court has appointed Dr Monika Gusain, senior advocate, and C. Solomon, AOR, as Amici Curiae in the matter. They will assist the court, work as representatives of the HPEC, and also play the role of independent mediators between the parties involved in the case.
The court has also directed the HPEC to appoint a Member Secretary at the earliest. The Member Secretary will assist the committee with its administrative and other necessary work. The Supreme Court has further asked the HPEC to submit its first report at the earliest.
14-year-old protester seeks protection
Another important issue before the court concerned the safety of a 14-year-old girl who was among the protesters. The court was informed that the girl and her family were allegedly receiving death threats. The Supreme Court has directed the Delhi Police to assess the threat faced by the girl and her family and provide necessary security. The police have also been asked to investigate at the earliest the allegations concerning threats and harassment against the girl and her family.
The Delhi Police will have to file a status report on the matter before the next hearing. The Supreme Court will hear the case next on October 9.
Also read:
Influencer Swatantra Bhardwaj, arrested for attacking CJP protester, gets interim bail
