NEETProtests – Supreme Court Clarifies States Can Withdraw Student Protest FIRs
NEETProtests –The Supreme Court has clarified that state governments, including Delhi, may withdraw or close FIRs filed against students involved in NEET-related protests, while excluding cases linked to serious criminal offences.
The Supreme Court on Monday clarified that the Delhi government and other state governments have the authority to close or withdraw First Information Reports (FIRs) registered against students who took part in protests over the NEET examination and alleged paper leak issues. However, the court made it clear that this relief will not apply to cases where the accused face allegations of grave and heinous offences.
Court Defines Scope of Withdrawal
The clarification came during the hearing of a group of petitions alleging excessive police action against students who participated in demonstrations at Jantar Mantar in Delhi and other locations across the country. The bench stated that only those protest-related cases involving minor allegations may be considered for withdrawal, leaving serious criminal cases outside the scope of the order.
According to the court, state governments are free to take their own decision on whether to withdraw or close such FIRs after examining the nature of the allegations. This approach gives states flexibility while ensuring that cases involving severe offences continue through the legal process.
Centre Opposes Relief in Serious Criminal Cases
Representing the Union government, Solicitor General Tushar Mehta informed the bench that the Centre does not support the withdrawal of FIRs involving individuals with serious criminal backgrounds. He submitted that more than 2,700 people are linked to cases where grave and heinous offences have been alleged, and these matters should not receive any blanket relief.
The court accepted this distinction, observing that only cases without serious criminal allegations may be considered for closure or withdrawal by the respective state governments.
Clarification to Earlier Supreme Court Order
The bench, headed by Chief Justice of India Surya Kant along with Justices Joymalya Bagchi and V. Mohana, clarified the meaning of its July 28 order. That earlier direction had stated that police authorities could continue prosecuting protesters with criminal antecedents.
On Monday, the court explained that the expression “criminal antecedents” should be understood to refer specifically to those accused of grave and heinous offences rather than every individual facing a criminal case.
The bench stated that the National Capital Territory of Delhi and all other states are at liberty to withdraw or close FIRs against protesters, except where serious offences are involved.
Petitions Raise Concerns Over Police Response
The petitions before the Supreme Court allege excessive use of police force during demonstrations that began on July 20 over alleged examination irregularities and paper leak concerns linked to NEET. Protesters have questioned the handling of the demonstrations and sought judicial intervention regarding police action.
During the proceedings, lawyers appearing for the petitioners also raised concerns over the reported use of pellet guns against protesters. In response, the bench indicated that it intends to formulate a comprehensive protocol governing the circumstances under which pellet guns may be used by law enforcement agencies.
The judges observed that a clear framework is necessary to define where and how such measures can be deployed, with the objective of ensuring consistency and accountability in policing practices during public protests.
Next Hearing Scheduled
The Supreme Court said it would first examine responses from various state governments before issuing any further directions in the matter. The bench has scheduled the next hearing for August 18, when it is expected to consider the replies and decide the future course of the proceedings.