The Supreme Court of India has firmly declined a request to reconstitute a five-member committee tasked with investigating alleged police excesses against student protesters in Delhi. This decision came from a three-judge bench that included Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana. The court expressed that the allegations questioning the integrity of the High-Powered Enquiry Committee (HPEC) were based on mere conjectures and preconceived notions, rather than substantiated claims.
During the proceedings, the court highlighted that the HPEC was established to assist the judiciary with a commitment to fairness and transparency, without favoring any party involved. The judges stated, “We are not inclined to effect any alteration in the constitution of the committee, particularly where the prayer for such reconstitution proceeds on nothing more than conjecture and preconceived notions.” This statement underscores the court's confidence in the committee's ability to conduct an impartial inquiry.
- Continued Inquiry into Police Actions — The HPEC has been directed to investigate the use of pellet guns and the alleged violence against protesters.
- Confidentiality for Vulnerable Witnesses — The court has mandated that vulnerable witnesses be protected and that their identities remain undisclosed.
- Appointment of Member-Secretary — The court requested that the HPEC appoint a member-secretary promptly to assist in its functions.
In its order dated September 10, which was made public recently, the court also addressed concerns regarding the treatment of witnesses. It stated that utmost confidentiality should be maintained regarding any statements or evidence provided by vulnerable witnesses. The court recommended creating a separate online portal to facilitate the submission of documents and evidence by these individuals. This step is crucial for ensuring that those who wish to report their experiences can do so without fear of retribution.
In previous hearings, Advocate Prashant Bhushan, representing one of the petitioners, raised concerns about a potential conflict of interest involving a member of the HPEC. He alleged that this member, a former director-general of police from a northeastern state, had personal ties to a senior official likely to be investigated. Senior Advocate Gopal Sankaranarayanan supported these claims, while Solicitor-General Tushar Mehta urged the court to dismiss these allegations as baseless.
The committee, led by former Supreme Court judge Justice R. Subhash Reddy, was established to scrutinize the events surrounding the protests that erupted during a march led by the Cockroach Janta Party on July 20. This march was marked by confrontations between protesters and security forces, who resorted to using lathis and teargas to control the crowd. The protests began on June 20 and concluded on July 25 after the resignation of the then Union education minister Dharmendra Pradhan and the acceptance of additional demands from the protesters.
