The Supreme Court on Thursday made it clear that its five-member high-powered enquiry committee (HPEC) cannot order registration of FIRs in connection with the July protests led by the Cockroach Janta Party (CJP), saying the power to direct criminal investigations rests exclusively with the court.
The committee has been authorised to receive documentary evidence, representations and even anonymous complaints to protect witnesses. Solicitor General Tushar Mehta, appearing for the Centre and Delhi Police, told the court that the committee’s first meeting had been scheduled for September 15. The HPEC, headed by former Supreme Court judge Justice R Subhash Reddy, was constituted to independently examine competing allegations arising from the July 20 student protest, including allegations of excessive use of force by police as well as violence against security personnel and damage to public property.
“We would like immediate action to be taken on that FIR and a report to be filed,” said the bench, directing that police protection and appropriate safeguards be provided to the girl and her family by Uttar Pradesh Police. The court on Thursday rejected suggestions that its composition be changed, saying it had constituted the panel and would not reconstitute it even before it had begun its work.
It ordered that FIRs registered between July 20 and 25 in connection with the protests would not be pursued or investigated and would be treated as closed, while directing that no fresh FIRs be registered in relation to those incidents. Because it had, on September 1, used its extraordinary powers under Article 142 to bring to an end criminal proceedings arising from the protests, the court’s clarification assumes significance.
A bench, comprising Chief Justice of India (CJI) Surya Kant and justices Joymalya Bagchi and V Mohana, said the committee would examine the allegations, identify victims and make recommendations, but any decision to order a criminal investigation would have to be taken by the Supreme Court. The clarification came as the bench agreed to expedite the proceedings before the committee and said 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.
