Supreme Court forms panel headed by former judge to probe police excesses against CJP protestors

The Supreme Court has constituted a 5-member committee headed by retired apex court Justice R Subhash Reddy to probe allegations of police excesses against Cockroach Janta Party (CJP) protestors..Besides Justice Reddy, the committee will have former Punjab and Haryana High Court Chief Justice Ravi Shankar Jha, former Delhi High Court Justice Shalinder Kaur, former CBI Director Rishi Kumar Shukla and former Meghalaya DGP LR Bishnoi as its members..The order constituting the committee was passed by a bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana on August 18 and came to be published on the Supreme Court website on Thursday, August 20.The committee has been entrusted with the task of fact-finding on various aspects raised in connection with the CJP protests. The Court has recommended that the HPEC prioritise examination of alleged police excesses as well as protestor violence as well as allegations of harassment and molestation of women protestors.Additionally, the HPEC may also examine issues pertaining to the grant of interim compensation to those injured on either side, whether police personnel or protestors, the Court added. .The Court recorded that both petitioners (those seeking guidelines to curb police excesses against protestors) as well respondent-authorities, had given various suggestions on the remit of the HPEC..The petitioners called for the panel to look into aspects such as:- The use of excessive force and violence against protestors by police; - Ensuring proportionate and measured police responses during protests; - The desirability of banning metallic kinetic projectiles or pellets against protestors; - Ensuring that police and security personnel wear proper uniforms with visible nameplates during crowd-control operations;- And enquiry into allegations of surveillance at the Jantar Mantar protests and the alleged targeting or harassment or secondary victimisation of female protestors;- Provision of medical and other requisite support, including award of compensation, to victims of police abuse;- Preventing the routine invocation of blanket prohibition orders against public gatherings. .The respondent-authorities, meanwhile, said that the HPEC should look into grievances raised by the police as well on par with concerns flagged by the protestors. These grievances include:- The alleged use of force and violence by protestors against police officials and other security personnel;- Property damage during the Jantar Mantar protests;- Injuries sustained by police forces while discharging their duties, and the mental and emotional trauma borne by their family..The Court said that the issues raised by both sides must be examined by the HPEC.“In our opinion, all of the issues enumerated hereinabove merit analysis by the HPEC, upon due consideration of the material and submissions placed before it by the parties. The HPEC is also at liberty to consider any other issues incidental thereto, as it may so deem fit,” it said. The Court added that the panel's work will not be a one-time exercise, but a continuous and periodic assessment of the flagged issues."(The HPEC) shall submit its interim findings periodically so as to enable this Court to take appropriate measures and issue such directions as may be warranted," the Court said. The Court also directed that CCTV footage of the protests and body cam footage from police or security personnel that were earlier directed to be preserved must be handed over to the HPEC.Notably, the Court also made it clear that errant police officers can face departmental action independent of committee's findings. "The constitution of the HPEC by us shall in no way deter or debar the police authorities or other security forces from taking administrative or disciplinary action against such of their officers as may be found to be in contravention of the rules governing their conduct," the order said. .The Court passed the order on a batch of petitions concerning police brutality during protests at Jantar Mantar and in Bihar and other parts of the country over alleged paper leaks of NEET and other examinations.The petitioners moved the Court seeking pan-India guidelines to ensure that peaceful protests are allowed. Some petitions also sought action against protesters accused of assaulting police personnel during the demonstrations.The protests had begun in June on a call by the CJP against repeated question paper leaks. They demanded the resignation of Union Education Minister Dharmendra Pradhan, who has since resigned from the position.The protests gained momentum after climate activist Sonam Wangchuk joined and started a hunger strike in solidarity. Wangchuk was later removed from the protest site and taken to a hospital by the Delhi Police, citing his worsening health condition. He ended his 26-day hunger strike at Medanta Hospital late on July 23.Meanwhile, Delhi Police and the Rapid Action Force (RAF) reportedly restored to lathi charge, teargas shelling and the use of pellet guns to stop the CJP protestors on a "Sansad Chalo" march to the Parliament on July 20.Pradhan eventually tendered his resignation as minister on July 25 and the protests were called off.Similar protests were witnessed in Bihar as well, where the police took similar action. A policeman was also witnessed using an AK-47 rifle against the protestors in Bihar.These events led to the batch of petitions before the apex court..[Read Order]