The Supreme Court has indicated its inclination to order an
independent and fair probe into the widespread violence and alleged police
excesses during student protests over the NEET 2026 paper leak. The Court noted
that allegations of excessive force, including the use of pellet guns, rubber
bullets, and nail-embedded lathis, prima facie make out a case for a
comprehensive inquiry that also addresses attacks on on-duty police personnel.
While issuing notices to the Union Government, the NCT of Delhi, and seven
major States to place their responses on record, the apex court issued interim
directions prohibiting coercive action against students without criminal
antecedents, ordering the immediate release of all detained minors, and
mandating the preservation of all digital evidence and CCTV footage.
The Court was hearing a batch of writ petitions and
intervention applications concerning alleged police excesses against students
protesting the NEET paper leak, alongside pleas highlighting violence against
on-duty police personnel. The Bench comprising Chief Justice Surya Kant,
Justice Joymalya Bagchi and Justice V Mohana observed that the right to
peaceful protest is an essential constitutional guarantee that cannot be
denied, while emphasizing that injury to any individual, whether a student or a
police officer, is of equal concern. It recorded that the allegations of
excesses in violation of fundamental rights under Articles 14, 19, 21 and 22,
including indiscriminate use of force such as lathi charges, pellet guns and
tear gas in Delhi and other States, warranted an independent probe. Specific
instances cited included a boy allegedly losing eyesight from pellet injuries,
injuries from rubber bullets and electric batons, permanent disability caused
by nail-embedded lathis, and assaults on media persons. The Court also took
note of counter-allegations that protesters or anti-social elements had engaged
in stone-pelting and violence against police personnel performing their duties.
In its interim directions the Court ordered that all CCTV,
drone, body-worn camera, wireless communication records and PCR call details be
preserved. It directed the respondents and police to ensure that digital data
of protesters is safeguarded and not released into the public domain, and that
no personal details of protesters are published. No coercive action is to be
taken against protesting students, though this protection does not extend to
persons with criminal antecedents. All States were directed to immediately
release children below the age of eighteen who had been arrested during the
protests. Notices were issued to the Chief Secretaries of Maharashtra, Bihar,
Assam, West Bengal, Kerala, Uttar Pradesh and Madhya Pradesh, with a short time
granted to the Union and the NCT of Delhi to file affidavits with relevant
material before any final order on the constitution of a probe.
Senior counsel for the petitioners highlighted the pan-India
nature of the agitations spanning multiple States and urged the Court to fix
higher command responsibility and to frame uniform guidelines on the regulation
of protests, drawing parallels with earlier precedents such as the Ramlila
Maidan incident. References were made to videos and media reports allegedly
showing threats of planting narcotics evidence on students and instances of
gender-based violence. The Solicitor General submitted that the Government was
ready for an independent committee and sought a few days to place complete
facts on record so that the Court could have a holistic picture. The Court
indicated that the time had come to collate and update existing principles on
the right to protest into a judicial protocol suited to contemporary
conditions. The matter remains pending further consideration after the
responses are received.