Supreme Court Refuses to Revisit Order Quashing FIRs Against Young CJP Protesters
New Delhi: The Supreme Court on Friday dismissed a petition that sought an investigation into the FIRs registered against student protesters who took part in the July 20 march called by the Cockroach Janta Party (CJP). In effect, the Court refused to reopen its earlier decision to wipe out those cases.
What the Petition Asked For?
The plea challenged the Court’s September 1 order, which cancelled all FIRs filed against protesters between July 20 and July 25. The only exception was for individuals with prior criminal antecedents.
The petition was filed by L Ramanathan before a bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana. He argued that courts cannot interfere in police functions, calling the police “independent and sovereign.”
Background: The July 20 Protest
On July 20, about 30,000 people marched towards Parliament. They demanded educational reforms and the resignation of the then Union Education Minister, Dharmendra Pradhan. The protest turned violent when police used force to control the crowd, leading to clashes between police and protesters.
Why the Court Used Article 142?
The Chief Justice explained that the FIRs were cancelled under Article 142 of the Constitution. This provision allows the Supreme Court to pass orders needed to do “complete justice” in a matter before it.
Responding to the argument that the Court should not have used this power, the CJI said the Court had considered the human side of the case. These are young students, he observed, and the Court looked at their parents and their futures. The bench did not want them entangled in prolonged legal proceedings and repeated court appearances.
“A Message Must Be Sent”: The Petitioner’s Argument
The petitioner’s lawyer said it was important to send a message, and remarked that people often approach the court as if it were their “private property.”
The bench pointed to its recent order in a similar matter. It had allowed the Himachal Pradesh government to withdraw prosecution in 63 criminal cases against MPs and MLAs, arising from public demonstrations and sit-ins during the COVID-19 period.
Court’s Final View
The bench said the petition was, in substance, a review petition arguing that the earlier order was wrong. It then dismissed it, leaving the September 1 order intact.
