Supreme Court rejects plea for ‘free hand’ to Delhi Police against protesters: ‘These are young students'

The Supreme Court has rejected a plea seeking a ‘free hand’ for the Delhi Police against protesters, stressing that students’ futures and their families’ concerns must be considered. Police have denied permission for the 10 October CJP-led protest demanding CEC Gyanesh Kumar’s resignation.

The Supreme Court on Friday rejected a plea seeking directions to give the Delhi Police a “free hand” to deal with protesters, observing that the future of young students participating in demonstrations and the concerns of their parents must also be considered, according to a LiveLaw report.

A bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana emphasized that young protesters should not be unnecessarily entangled in prolonged legal proceedings.

“These are young students and protesters before us. We have to see their parents, we have to see they have a long life. They should not be entangled with court hearings,” CJI Kant said, as quoted by LiveLaw.

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The bench said the protesters were young students and that their future and their parents’ concerns had to be considered. It also said they should not be unnecessarily drawn into prolonged court proceedings.

The petitioner sought directions allowing Delhi Police to perform its duties independently, without judicial interference. The petition also sought an investigation into FIRs registered against student protesters after demonstrations at Jantar Mantar in July.

The bench observed that the requested relief would effectively review its earlier order quashing the FIRs against the student protesters.

The report says the Court invoked Article 142 to quash the FIRs. The Chief Justice referred to the protesters’ youth and future, and said they should not have to keep attending court hearings.

No. The Court rejected the plea seeking such directions, emphasizing that young protesters should not be unnecessarily entangled in lengthy legal proceedings.

The bench was hearing a public interest litigation (PIL) filed by L Ramanathan, who argued that the police should be allowed to discharge their functions independently without judicial interference, as they are “independent and sovereign”.

The petition sought an investigation into the FIRs registered against student protesters following demonstrations at Jantar Mantar in July.

However, the bench observed that the relief sought effectively amounted to a review of its earlier decision to quash the cases.

“There’s no guarantee we keep passing 100% correct orders. You say we should not have invoked Article 142 and quashed FIRs... please appreciate, these are young students... we have to see their parents, their future... we don't want them to have to come to court,” the CJI said, according to the report.

The petition had been filed before the Supreme Court passed its 1 September order quashing the FIRs, as per the report.

Delhi Police deny permission for 10 October protest

The development comes amid fresh tensions over planned demonstrations on 10 October at Jantar Mantar against Chief Election Commissioner Gyanesh Kumar.

The Delhi Police have denied permission for the Cockroach Janta Party’s (CJP) proposed protest and declared any gathering illegal, according to a Times of India report.

The CJP, opposition groups and student organizations are demanding the resignation of CEC Kumar over allegations of “vote theft” and irregularities in the Special Intensive Revision (SIR) of electoral rolls.

The CJP had earlier backed the INDIA bloc MPs’ protest march towards the Election Commission’s office on 6 October.

The Opposition’s attack on Kumar has gained momentum following an Indian Express report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had, on at least 14 occasions over the past 10 months, objected to decisions and orders concerning the SIR process, alleging they were issued without their knowledge or recommendation.

About the Author

Bhanu Pratap is a journalist who reports and writes on foreign affairs, India’s foreign policy, geopolitics and strategic affairs. He closely follows diplomatic developments in New Delhi and has a keen interest in defence and national security.<br> <br> Bhanu also focuses on in-depth, interview-based reports and regularly speaking with experts and policymakers to bring perspectives and context to major developments around the world.<br> <br> He is also interested in stories with strong humanitarian angles.<br><br> One such report examined the cases of Indian nationals who were allegedly recruited and forced into Russia’s war against Ukraine. While reporting the story, Bhanu spoke to the families of those affected and documented their experiences. The report was later taken into account by the United Nations in its findings on human rights violations linked to the war in Ukraine.<br> <br> For Bhanu, the zeal to produce meaningful and impactful journalism remains at the heart of his work.<br> <br>He has previously worked with Firstpost, NDTV, Newslaundry and Republic.<br><br> Bhanu studied at the Delhi School of Journalism, University of Delhi. He initially chose science with plans to pursue engineering, influenced by conventional expectations, but fate had other plans and eventually led him to journalism.<br><br> Beyond the newsroom, Bhanu enjoys exploring culture and history and often spends his days off on heritage walks. He is also passionate about travelling, biking and listening to folk music.<br> <br>For tips, reviews and suggestions, you can reach him at bhanu.pratap@htdigital.in.