Committee Examining Violence Allegations During Youth Protests Cannot Order Registration of FIRs: SC
New Delhi: The Supreme Court on Thursday (September 10) said that the high-powered enquiry committee (HPEC) examining the allegations of violence during the youth protests cannot order registration of FIRs and clarified that the power to direct criminal investigations remains exclusively with the court, reported Hindustan Times.
The clarification came as a bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana on Thursday agreed to expedite the proceedings before the HPEC. The top court added that it would “iron out” any creases that emerge in the course of its functioning.
“The committee has to work under the direct supervision of this court,” said the bench, adding that the HPEC could appoint its own amicus or lawyer to assist it before the Supreme Court.
The bench also allowed the HPEC to give wide publicity to its proceedings, invite suggestions and objections, and create a dedicated mechanism, including a helpline, for vulnerable witnesses who might be unable to approach it directly.
Solicitor general (SG) Tushar Mehta, appearing for the Union government and Delhi Police, told the court that the committee’s first meeting is scheduled for September 15.
The apex court on Thursday also rejected suggestions that the Committee’s composition be changed. It added that had constituted the panel and would not reconstitute it even before it had begun its work.
“We cannot reconstitute a committee like this,” said the bench.
It added that that concerns about the HPEC’s functioning could be raised before the court.
On August 20, the Supreme Court had constituted the HPEC headed by former judge Justice R. Subhash Reddy to examine the allegations of violence during the Cockroach Janta Party (CJP)-led student protests on July 20.
Former Punjab and Haryana high court Chief Justice Ravi Shankar Jha, former Delhi high court judge Justice Shalinder Kaur, former Central Bureau of Investigation (CBI) director Rishi Kumar Shukla, ex-Meghalaya DGP L.R. Bishnoi are the other members in the HPEC.
Notably, there is no representative from civil society in the committee. Advocate Prashant Bhushan had called the committee “very weak”.
On July 20, during the Sansad Chalo march called by the CJP, the police resorted to lathi charge, tear gas and even used pellet guns as largely peaceful protesters gathered few metres away from the parliament.
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