- Supreme Court rejected plea questioning high-powered inquiry committee members.
- Committee investigates alleged police excesses and protester violence.
- Court dismissed impartiality concerns, allowing inquiry committee to proceed.
The Supreme Court has rejected a plea seeking changes to the five-member High-Powered Enquiry Committee investigating violence and alleged police excesses during the CJP-led student protests at Delhi’s Jantar Mantar and other parts of the country.
The plea questioned the impartiality of some members of the committee, which is headed by former Supreme Court judge Justice R. Subhash Reddy. The court, however, said the objections were based on conjecture and did not have credible material to support the apprehension of bias.
A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, had earlier indicated that it had constituted the panel after careful consideration. The court has now said the committee should be allowed to carry out its inquiry under its supervision.
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Why Was The Committee Set Up?
The Supreme Court constituted the five-member panel in August to examine allegations arising from the student protests held in July, including claims of excessive or disproportionate use of force by police and paramilitary personnel. The committee has also been tasked with examining allegations of violence by protesters against security personnel and damage to public property.
Besides Justice R. Subhash Reddy, the panel includes former Punjab and Haryana High Court Chief Justice Ravi Shankar Jha, former Delhi High Court judge Justice Shalinder Kaur, former CBI director Rishi Kumar Shukla and retired Meghalaya DGP L.R. Bishnoi.
The court has also asked the committee to examine allegations of targeted violence, harassment and molestation of women protesters on priority. Its inquiry is being conducted under the Supreme Court’s supervision, with the panel expected to submit interim findings periodically.
Prashant Bhushan Raised Concerns Over Panel Member
During the hearing on September 10, advocate Prashant Bhushan had sought reconstitution of the committee and questioned the presence of a former DGP from a northeastern state on the panel. He argued that the officer was a close associate of a senior functionary whose role could come under the committee’s scrutiny, raising concerns about a potential conflict of interest.
The Supreme Court declined to proceed on a presumption that a committee constituted by it was biased. In its subsequent order, the court said objections to the panel were premature and based on conjecture, particularly since the inquiry had only recently begun. It stressed that the committee, headed by a former Supreme Court judge, should be allowed to perform its assigned task.
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SC Seeks Protection For Victims, Witnesses
The court has also directed the committee to remain mindful of the safety of victims and witnesses during the inquiry. The panel is expected to submit interim reports as its examination progresses, allowing the Supreme Court to issue further directions where necessary.
The court has separately provided for vulnerable witnesses to approach the committee confidentially and asked the panel to consider mechanisms such as a dedicated helpline for those who may find it difficult to approach it directly.
The Supreme Court has also said the committee should expedite its proceedings and submit its findings at the earliest. Its inquiry covers the competing allegations arising from the July student protests, including alleged police excesses and violence against security personnel.
