Pleas Against Police Action During CJP Student Protests : Live Updates From Supreme Court

CJI: there can't be any second opinion that constitutional issue has to be determined by us

Nedumpara: In long run, your lordships may consider abolition of PIL

CJI - in all fresh IAs and petitions, we are issuing notice. We will wait for your suggestions so we can release order tomorrow. Let committee become functional.

CJI: if committee can give an opinion, we can ultimate examine.

Sr Adv Menaka Guruswamy: They are using private companies to process this material

Hariharan: it's related to privacy. there is no law

Guruswamy: there is no framework

SG: Livestreaming of this matter...otherwise there would be no order. Facial recognition only captures hardened criminals. They are people who are in [NCRB] data, accused of serious offenses. Action is not taken immediately. If face matches, then there would be field verification and investigation

Guruswamy - they collect all pictures

Hariharan: this is not the process!

Grover: If counter affidavit on issues like pellet guns are filed before court, it will actually assist committee

CJI: we will also provide assistance to committee. we have obtained consent of retired DG of CBI, former DGP of state who has nothing to do with this...we don't want anyone to say tomorrow that CBI should not...out of these 2, you tell us who you want included in committee? we are not disclosing name in court. Both are outstanding. I have done homework. We can ask both also

Gopal S suggests a former Attorney General

An Adv: sub-committee on gender issues should be separate. it can be under the main committee.

Adv Nedumpara: Art 32 is beyond...it can't be extended to this extent. If some issues are there, let HC decide

Grover: we can recommend names of former women officers.

SG: If names are given , I will have to oppose

Hariharan: Since there are issues related to women, there should be a woman in the committee. I had also raised aspect of facial recognition. That relates to constitutionality. That can't be sent to Committee.

Grover; If interim compensation is given for victims of pellet gun injuries

SG: I will look into it

Sr Shadan Farasat- there are certain individual police officers in respect of whom videos of deep concern are available. Police officer putting lathi in buttock of woman. Committee can examine but that should not stop police from taking action

Hariharan: Delhi HC passed orders for preservation. Those should continue

CJI-we have passed. It will continue. we will direct authorities to handover material to committee

Court appoints nodal officers

Adv Rizwan: Petition for Fixing of accountability of organizers of protest

CJI: We are issuing notice in all matters. No impediment on notice

Sr Gopal S: I had only one plea. Very strong message has to be sent out to police. DCP has filed a reply that came last night. There's admission there that police were in plain clothes and actions taken. ANd no name tags. Complete silence about any administrative action being taken. For 2 months, there have been pleas that let them disclose steps they have taken. Let them furnish. Once you start violating women protestors by disgusting activities...I want responsibility to be taken.

CJI - if we start examining and giving directions, we might be affecting Committee scope. Let Committee deal. Some issues require immediate attention. A kind of interim measure. If you give suggestions today, we will be able to release order tomorrow

SG: Let's not put cart before horse. If committee comes to conclusion that this individual is guilty, we will engage and take action. Court may not take ad hoc step. Why sensationalizing?

A counsel: I am for families of injured policemen

Grover: In the pellet guns issue

SG: 200 police personnel injured

Counsel: There should be some compensation for police

Another counsel - in matter of sexual harassment and online threats

CJI: Very serious. There cannot be any excuse. It must be taken seriously to logical conclusion. Committee will look into each aspect. Recommendations will come. Then we will give directions. How can we allow such things in civilized society? We are with victims.

A counsel: Gaurav Bindu - his video is viral. Account of victim has been disabled. Offenses have not stopped. Reporting is being suppressed. Interim order required. All states be directed to give details of FIRs registered in this regard. An elderly woman protestor being derogated...she is known kisaan andolan activist. Registry of this court be directed to receive complaints.

J Bagchi: Case numbers...which you choose to continue to investigate

Grover: FIR Nos. given by state of bihar in affidavit. Delhi and other places - we dont have FIR Nos. My lords had directed

SG -FIRs are filed by police against unnamed persons who were protesting. FIR Nos. wont help.

CJI -your agencies must have done homework that so and so are FIRs you want quashed. Rest will remain. Unless we have a list, how can we quash?

J Bagchi- We appreciate investigation is open ended. But you can't keep undesirable element a generic...

Adv Rizwan: Are they (students) seeking pardon or showing remorse? Your leniency would be termed in future as weakness of court

J Bagchi- We have taken your wise counsel on this. we will consider. You don't worry

CJI -It's a question of life and future of innocent students. Even if there is outcry...they have legitimate expectation from system.

Rizwan -They may put affidavit of remorse

J Bagchi- Not necessary

Rizwan -they should know they can't run over Parliament. Today I read in tweet, a press conference in lawns of Supreme Court. Tomorrow they will have in premises of SUpreme Court. This should not be permitted unless they submit affidavit saying there was lapse of judgment!

CJI: Both sides can give list of FIRs and we can identify FIRs where there is no dispute...there was consensus about students who were peacefully protesting. Foundation of protest being such...I think

Adv: In criminality, there is nothing peaceful. THere are only two categories of protest - one is lawful and other is unlawful. Only crpc and bnss mention criminality. Was the Parliament march lawful? It was unlawful. There was no permission

CJI -Criminality has to be seen with Object and purpose for which students gathered there. Let's not forget their right under Art. 19. So long as you don't violate law and raise voice peacefully, those cases are completely distinguishable from cases of hardened criminals.

Hearing in Student Protest matter begins

Adv: There should be clean drinking water etc. at protest site

CJI: Today we are not dealing with that. There are some fresh cases. We briefly discussed judicial enquiry into the matter

Sr Adv N Hariharan refers to previous order

CJI: we are constituting judicial high powered committee and noting issues to be considered...we will grant liberty to persons to place issues before committee

Hariharan: then SOP can be gone into. Nodal officers may also be appointed.

Counsel for Air Force officer Manish Solanki: Notice may be issued on this

Adv Vrinda Grover: Because there are numerous FIRs/complaints, state of Bihar and Delhi...Delhi counter came at midnight. Bihar also has a list of FIRs. My lords said that this court be a step forward. Art. 141 be used for quashing FIRs across the country against student protestors. That was assurance given by state.

SG: FIRs against student protestors must be quashed. How- your lordships can decide. Anti social elements who infiltrated have to be probed.

The Delhi Police has filed an affidavit denying the use of excessive force against students; the police further claimed that the proposed Parliament march on July 20 was illegal.

https://www-livelaw-in.nujs.remotlog.com/amp/top-stories/no-excessive-force-used-against-student-protesters-parliament-march-was-illegal-delhi-police-to-supreme-court-546209

The Bihar Police has filed an affidavit denying the use of excessive force against protesters. While the police admitted the use of AK-47, it was said that it did not cause any injuries. AK47 was used by an officer who was trapped in an unruly mob, the police claimed.

https://www-livelaw-in.nujs.remotlog.com/amp/top-stories/supreme-court-student-protests-bihar-counter-no-one-injured-by-ak47-no-disproportionate-force-police-personnel-injured-anti-social-elements-part-of-mob-546184