The Supreme Court has constituted a five-member High-Powered Enquiry Committee (HPEC) to conduct an independent and impartial examination of allegations of excessive and disproportionate use of force by police, paramilitary forces and other security personnel against student protestors at Jantar Mantar and other locations across the country. The Court had earlier found a prima facie case warranting an independent investigation. The matter was heard by CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana.
The Committee will be headed by Justice (Retd.) R. Subhash Reddy, former Judge of the Supreme Court, and will comprise of following members:
● Justice Ravi Shankar Jha — Former Chief Justice of the Punjab and Haryana High Court
● Justice Shalinder Kaur — Former Judge of the Delhi High Court
● Rishi Kumar Shukla — Former CBI Director
● L.R. Bishnoi — Former Meghalaya DGP
The Court noted the allegations before it included the deployment of pellet guns, electric batons, indiscriminate lathi charges and tear gas, violence by plain-clothes police personnel, alleged threats to fabricate or plant incriminating material, and violence against women and children participating in the protests.
The HPEC has been tasked with examining whether police responses to protests were proportionate and consistent with the constitutional right to peaceful dissent. It will also consider the desirability of banning metallic pellets, the requirement of visible nameplates on police and security personnel, alleged surveillance of protestors, and allegations of targeted violence and harassment of female protestors.
The Court stressed that the inquiry would not proceed solely from the petitioners’ allegations. The respondents had alleged violence by protestors, damage to public property and injuries to police personnel. These issues have also been expressly included within the Committee’s mandate.
The Court observed that the Committee was being constituted after considering the competing allegations and the need for an impartial assessment.
HPEC To Prioritise Alleged Violence Against Women Protestors
The Court directed the Committee to give priority to allegations concerning targeted violence, harassment and molestation of female protestors, considering the sensitivity and seriousness of those allegations. It will also examine the alleged grievous injuries caused to protestors, including the chain of command, persons responsible and possible violations of existing laws and rules.
Importantly, the Court clarified that the Committee’s work will be a continuing inquiry, rather than a one-time investigation:
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“The enquiry undertaken by the HPEC shall not be a one-time exercise. Rather, the Committee shall undertake a continuous and periodic assessment of the issues enumerated hereinabove, and shall submit its interim findings periodically so as to enable this Court to take appropriate measures and issue such directions as may be warranted.”
The HPEC may also enlist forensic, technical and domain experts if required. Parties have been given liberty to place documentary evidence, relevant material and suggestions before the Committee, including complaints and representations anonymously so as to protect complainants and witnesses.
Police Directed To Preserve CCTV, Drone Footage, Body-Cam Recordings
The Supreme Court also reinforced its earlier preservation directions, directing police, paramilitary and investigating agencies to preserve CCTV footage, drone footage, body-worn camera recordings, videography, wireless communication records and PCR call logs relating to the protests and furnish the entire record to the HPEC.
The Court further clarified that constitution of the HPEC would not prevent authorities from taking disciplinary or administrative action against police officers found to have violated applicable conduct rules.
The Committee has been asked to submit its First Interim Report at the earliest, particularly on the allegations of violence, harassment and molestation of female protestors and the alleged grievous injuries caused by police and security personnel.
Appearances
For Petitioner(s) : Mr. Gopal Sankaranarayanan, Sr. Adv. Mr. Gaurav Kumar, Adv. Mr. Vishal Sinha, Adv.; Mr. Pradeep Kumar Yadav, Adv.; Mr. Shailendra Mani Tripathi, Adv.; Mr. Sanjiv Misra, Adv.; Mr. Siddharth Venugopal, Adv.; Mr. Naman Shresta, Adv.; Ms. Pooja Shilpkar, Adv.; Mr. Shourya Dasgupta, Adv.; Mr. Smruthi Gangadharaiah, Adv.; Mr. Priyendu Raghav Mishra, Adv.; Mr. Mukesh Kumar, Adv.; Mr. Himanshu Meena, Adv.; Mr. Vishal Kumar, Adv.; Mr. Praveen Kumar Mishra, Adv.; Mr. Abhishek Jaiswal, Adv.; Mr. Chand Qureshi, AOR; Mr. Mujahid Ahmad, Adv.; Mr. Davinder Pal Kaur, Adv. Mr. Narendra Mishra, Adv.; Ms. Aakanksha Tiwari, Adv.; Ms. Preeti Chauhan, Adv.; Mrs. Priyanka Dwivedi, Adv.; Mr. Keshav Choudhary, Adv.; Mr. Neeraj Shrivastava, Adv.; Mr. Tilak Raj Passi, Adv.; Ms. Nazish Fatima, Adv.; Mrs. Maneesha Pathak, Adv.; Mrs. Monika, Adv.; Mr. Shiv Sagar Tiwari, AOR; Dr. Abhishek Manu Singhvi, Sr. Adv.; Mr. Shoeb Alam, Sr. Adv.; Ms. Fauzia Shakil, Adv.; Mr. Amit Bhandari, Adv.; Mr. Ujjwal Singh, AOR; Ms. Nazmeen Ahmed, Adv.; Mr. Khalid Ali, Adv.; Mr. Aanand Kumar Vashistha, Adv.; Mr. Shyam Divan, Sr. Adv.; Mr. Daksh Kadian, Adv.; Ms. Trisha Chandran, AOR; Mr. Udayaditya Banerjee, Adv., Adv.; Ms. Samiksha Godiyal, Adv.; Mr. Tenzing Namgyal, Adv.; Ms. Mallika Agarwal, Adv.; Mr. Harsh Srivastava, Adv.; Mr. Sreekar Aechuri, Adv.; Ms. Smruthi Gangadharaiah, Adv.; Mr. Arpith Jacob Varaprasad, Adv.; Mr. Shaishir Divatia, Adv.; Ms. Aadya Khanna, Adv.Mr. Abhishek Singh, Adv.; Mr. Mridul Godha, Adv.; Ms. Ankita Gupta, Adv.; Mr. Rithwik Narayanan, Adv.; Ms. Sarah Ayreen Mir, Adv.; Mr. Gladson Rodrigues, Adv.; Dr. Syed Rizwan Ahmed, Adv.; Mr. Pulkit Agarwal, Adv.; Mr. Anubhav Lamba, Adv.; Mr. Rajat Kumar, Adv.; Mr. Sudhanshu Kumar, Adv.; Mr. Shubham Singh, Adv.; Mr. Ravi Dev Dwivedi, Adv.; Mr. Utkarsh Singh, Adv.; Md. Anas Chaudhary, Adv.; Mr. Zahid Ali, Adv.; Mr. Pulkit Agarwal, AOR; Ms. Vrinda Grover, Adv.; Ms. Devika Tulsiani, Adv.; Mr. Soutik Banerjee, AOR; Mr. N. Hariharan, Sr. Adv.; Mr. Gopal Sankaranarayanan, Adv.; Ms. Ashima Mandla, AOR; Mr. Nipun Saxena, Adv.; Ms. Mandakini Singh, Adv.; Mr. Arjan Singh Mandla, Adv.; Mr. Siddharth Venugopal, Adv.; Mr. Dev Nagar, Adv.; Ms. Aadya Pandey, Adv.; Ms. Deepali Dabas, Adv.; Ms. Vanshika Tewari, Adv.; Mr. B.D. Rao Kundan, Adv.; Mr. Amaan Shreyas, Adv.; Ms. Mannat Tipnis, Adv.; Mr. Siddharth S Yadav, Adv.; Mr. Aman Akhtar, Adv.
For Respondent(s): Mr. Tushar Mehta, Solicitor General; Mr. Suryaprakash V. Raju, A.S.G.; Mr. Bhuvan Kapoor, Adv.; Mr. Annam Venkatesh, Adv.; Ms. Sairica Raju, Adv.; Ms. Aastha Singh, Adv.; Mr. Arvind Kumar Sharma, AOR; Mr. S. D. Sanjay, Advocate General; Mr. Azmat Hayat Amanullah, AOR; Ms. Rebecca Mishra, Adv.; Ms. Vanshita Gupta, Adv.; Ms. Ekta Kundu, Adv.; Mr. Tushar Mehta, Solicitor General; Mr. Suryaprakash V.raju, A.S.G.; Dr. N. Visakamurthy, AOR; Mr. Annam Venkatesh, Adv.; Mr. Bhuvan Kapoor, Adv.; Ms. Sairica Raju, Adv.; Ms. Astha Singh, Adv.; Mr. S.D. Sanjay Bihar, Advocate General; Mr. Manish Kumar, AOR; Mr. Divyansh Mishra, Adv.; Mr. Kumar Saurav, Adv.; Mr. Alok Sangwan, Sr. A.A.G.; Mr. Samar Vijay Singh, AOR; Mr. Sumit Kumar Sharma, Adv.; Mr. Rajat Sangwan, Adv.; Mr. Vaibhav Yadav, Adv.; Mr. Harsh Mehla, Adv.; Mr. Asit Gupta, Adv.; Mr. Mahipal Gautam, Adv.; Mr. Sanchit Garga, AOR; Mr. Kunal Rana, Adv.; Mr. Shashwat Jaiswal, Adv.; Ms. Diksha Arora, Adv.; Mr. Siddharth Dharmadhikari, Adv.

