The Supreme Court on Monday clarified that state governments are free to close or withdraw criminal cases against student protesters in accordance with the law, while explaining that the expression “criminal antecedents” in its earlier order refers only to grave and heinous offences. The clarification came during the hearing of petitions alleging police excesses during recent student protests, with the court also indicating that it is considering an independent mechanism to examine the allegations.
Supreme Court clarifies scope of ‘criminal antecedents’
A Bench led by the Chief Justice stated that governments, including the National Capital Territory of Delhi and other states, are at liberty to close or withdraw criminal cases if permitted under the law. It also clarified that the exception in its July 28 order for those with “criminal antecedents” would apply only to individuals accused of grave and heinous offences, removing uncertainty over the scope of the earlier direction.
The clarification is expected to guide authorities while reviewing cases registered against students detained during the recent demonstrations.
Court weighs probe into police excess allegations
During the hearing, the Supreme Court said it was considering two possible mechanisms to examine allegations of police excesses. One option under consideration is an inquiry by a senior police officer, while the other is a panel headed by a retired or serving judge.
The Bench observed that whichever mechanism is adopted, it would examine allegations against both the authorities and the protesters to ensure an impartial assessment of the events.
States asked to review FIRs against protesters
The court also suggested that governments collect details of all FIRs registered in connection with the protests and categorise them before taking further action. It said authorities should distinguish between individuals with allegations involving serious offences and those without such antecedents before deciding on the closure or withdrawal of criminal proceedings.
The observation could pave the way for relief to a large number of students facing criminal cases linked to the protests, subject to the applicable legal process in each state.
Case relates to petitions over recent student protests
The matter arises from petitions alleging excessive police action during recent student demonstrations. Earlier, the Supreme Court had directed the immediate release of detained student protesters, while excluding those with “criminal antecedents” from the relief.
Monday’s clarification narrows that exception to grave and heinous offences, providing greater clarity on how governments may implement the court’s directions while reviewing pending FIRs and criminal proceedings.