The Supreme Court on Monday allowed Delhi and other state governments to withdraw or close First Information Reports (FIRs) registered against students who participated in protests over the National Eligibility cum Entrance Test (NEET) at Jantar Mantar and other locations, while making it clear that relief will not extend to cases involving serious and heinous offences. A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana clarified that the permission applies only to protest-related cases where students are not accused of grave crimes.
The court issued the clarification while hearing a batch of petitions alleging police excesses during the NEET-related demonstrations. The Supreme Court noted that state governments have the discretion to decide whether such FIRs should be withdrawn or closed. However, cases involving serious criminal charges or individuals with significant criminal backgrounds will remain outside the scope of the relief. Solicitor General Tushar Mehta, appearing for the Centre, informed the court that the government would not support withdrawal of FIRs involving people accused of grave and heinous offences.
According to the Centre’s submission, such cases involve more than 2,700 individuals alleged to have committed serious offences. For other protesters who do not face allegations of major crimes, states including Delhi can consider withdrawing or closing the FIRs, the court said. The decision effectively provides governments with flexibility while ensuring that serious offences continue to be dealt with through the legal process. The clarification also addressed the interpretation of the Supreme Court’s earlier July 28 order, which stated that prosecution could continue against protesters with “criminal antecedents”.
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The bench said the term should be understood specifically in the context of grave and heinous offences rather than minor allegations. The NEET protests had drawn widespread attention as students raised concerns over alleged irregularities in the examination process, including claims related to paper leaks and other issues affecting transparency. Demonstrations were held at Jantar Mantar in Delhi and other parts of the country.
Petitioners had approached the Supreme Court alleging excessive police action against protesters during the demonstrations and sought relief from criminal cases registered during the agitation. With Monday’s order, the court has allowed states to review protest-related FIRs individually while maintaining restrictions on cases involving serious criminal allegations. The move provides relief to eligible students while preserving legal action in cases involving major offences.
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