New Delhi: With the Supreme Court Tuesday quashing all FIRs registered in Delhi and other states in connection with the nationwide anti-NEET stir on 20 July, the Cockroach Janta party (CJP) has called off its proposed protest on 5 September.
A three-judges bench led by Chief Justice of India Surya Kant allowed applications filed by Police forces in Delhi, Assam, West Bengal, Maharashtra and Bihar to quash the criminal cases registered within their respective jurisdictions in connection with the protest that witnessed violence and vandalism in some parts.
The court invoked its extraordinary power under Article 142 to permit these applications and extended its order to those states, who may have registered a case with respect to the protest, but are not before the SC with a plea to set aside the FIR.
CJP co-convenor Saurav Das, who was present in the court, assured the bench that in view of the centre’s latest move and the SC order to end criminal prosecution against genuine students who gathered to raise their legitimate grievance over NEET paper leak, the outfit has decided to call off the proposed 5 September protest.
The CJP had announced its decision to protest at the India Gate due to the Centre’s failure to comply with its promise to withdraw criminal prosecutions against students and compensate families of students who died by suicide apparently after the NEET paper were leaked.
“In view of the positive assurances given by the Centre and in view of the order given by this court, the CJP withdraws its call to protest,” said Das, while reading out a statement, which he carried with himself to the court.
Das was called to make a statement on the request of Solicitor General Tushar Mehta, who said the CJP co-convenor was present in court and should respond to the government’s latest move by calling off the protest.
“There was an apprehension that the government was not fulfilling the promises. As a result they have given a call to protest on 5 September. They should respond…maybe call it off,” Mehta told the court.
After Das’ statement, Mehta responded saying, “I trust him.”
The court noted Mehta’s statement that the decision to quash cases was being taken on the ground that mere participation in protests is not seen as an offence.
The order also included his promise that no fresh FIR shall be registered in Delhi or any other state/union territory with regard to the incidents that took place soon after the protest between 20 and 24 July. Further, no state shall oppose any affected party’s plea, seeking relief from the court to quash any other pending FIR.
The court allowed Delhi Police to register a fresh FIR to conduct its probe against 2,873 individuals with serious criminal antecedents who were present at the Jantar Mantar protest on 20 July. The investigation under this FIR would be limited to ascertaining whether they were involved in causing any bodily injury or damaging public property at the protest site.
The court also took on record Mehta’s statement regarding the compensation scheme for families of students who committed suicide.
The Solicitor General said the Centre was formulating a scheme, in consultation with the states, to compensate those who commit suicide due to a paper leak. Once the modalities are finalised this scheme would be shared with all the states, he said.
Based on thia scheme, the Centre will release the compensation to families of students who committed suicide this year because of NEET paper leak. This would be done in three months.
“Consequently, these applications are allowed and all the FIRs (mentioned in the applications of Delhi Police and the four states) are quashed.
“If there is any other FIR registered with respect to the same incident in any state or UT, which are not formally brought before us, shall not be pursued or investigated and shall be treated as closed for all purposes,” the court ordered.
The court also recorded Das’ statement in its order and observed that both sides shall abide by the statement made before it.
“You showed a very good gesture. Credit to both sides. As an institution, we are thankful that a very constructive environment has been created which will help youngsters,” the CJI told Das after he announced the withdrawal of the 5 September protest.
(Edited by Ajeet Tiwari)