Staff Reporter / New Delhi
The Supreme Court has constituted a five-member High-Powered Enquiry Committee (HPEC) to independently investigate allegations of violence and excessive use of force during student protests at Jantar Mantar in New Delhi and other parts of the country.
The committee will examine allegations of disproportionate police action against protesters, while also looking into instances of violence against security personnel during clashes.
A three-judge bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana passed the order while hearing a batch of writ petitions related to the nationwide student demonstrations.
Former SC judge to head panel
The committee will be headed by former Supreme Court judge Justice R Subhash Reddy. The panel has been constituted with retired judicial and law-enforcement officials with the aim of ensuring an independent and impartial fact-finding process.
The Supreme Court has directed the committee to submit an interim report on its initial findings at the earliest.
Panel to examine police use of force
The HPEC has been given a broad mandate to investigate the circumstances surrounding the clashes. It will examine whether the force used by police and paramilitary personnel was proportionate to the situation.
Among the allegations to be examined are the use of pellet guns, electric batons, tear gas and lathis during crowd-control operations. The panel will also look into the circumstances that led to injuries among protesters.
A specific part of the inquiry will focus on allegations concerning the treatment and safety of women protesters, including claims of molestation, sexual harassment, online harassment and sexual assault.
Violence against security personnel also under scrutiny
The committee will not restrict its inquiry to allegations against law-enforcement agencies. It will also investigate instances in which security personnel were allegedly assaulted during the demonstrations.
The panel will document injuries suffered by police and other security personnel and examine the circumstances surrounding such incidents.
The court has also asked the committee to look into allegations of surveillance and targeting of protesters through social media. It will assess whether any unlawful surveillance was carried out and examine claims involving the targeting of vulnerable individuals.
Medical assistance and compensation
Another important aspect of the inquiry will be the medical assistance provided to protesters and other people affected during the clashes.
The committee will examine whether injured persons received timely medical treatment and assess issues relating to compensation for victims, wherever applicable.
The findings are expected to help establish a factual account of the events and determine whether existing procedures for crowd control, policing and protection of protesters were properly followed.
Protests over examination irregularities
The Supreme Court’s intervention follows widespread student demonstrations in New Delhi and several states, including Bihar, over alleged paper leaks and irregularities in competitive examinations.
The protests reportedly involved hunger strikes, demonstrations and attempts to march towards Parliament. Tensions escalated at several locations, resulting in confrontations between protesters and security forces.
Several petitions were subsequently filed before the Supreme Court seeking an independent investigation, accountability for alleged excessive use of force, and relief and compensation for those injured during the demonstrations.
With the constitution of the five-member HPEC, the Supreme Court has now placed the allegations under an independent judicially supervised fact-finding process. The committee’s interim report is expected to provide the court with an initial assessment of the events and the conduct of both protesters and security forces.
High-Powered Committee Composition
The court-appointed panel comprises senior retired judicial and law enforcement figures chosen to maintain institutional neutrality:
- Chairperson: Justice R Subhash Reddy (Former Supreme Court Judge)
- Judicial Members: Justice Ravi Shankar Jha (Former Chief Justice, Punjab and Haryana High Court) and Justice Shalinder Kaur (Former Delhi High Court Judge)
- Investigative & Security Experts: Rishi Kumar Shukla (Former CBI Director) and Dr LR Bishnoi (Retired Meghalaya Director General of Police)
Key Terms of Reference
The HPEC has been directed to deliver an interim report on its initial findings at the earliest.
- Police Action & Crowd Control: Investigating the proportionality of force used by police and paramilitary units, including the alleged deployment of pellet guns, electric batons, tear gas, and lathi charges.
- Safety of Female Protesters: Directly examining allegations of molestation, online harassment, and sexual assault targeting female demonstrators.
- Assaults on Security Personnel: Reviewing instances of violence committed against law enforcement officers and documenting injuries sustained by security forces during the clashes.
- Surveillance & Medical Relief: Assessing claims of illegal police surveillance, social media targeting of vulnerable individuals, and evaluating the provision of medical assistance and compensation for affected victims.