HomeIndia‘Ground for independent probe’: Top court on police action on CJP protests

‘Ground for independent probe’: Top court on police action on CJP protests

3 min readNew DelhiUpdated: Jul 28, 2026 12:38 PM IST

Hearing petitions against alleged police excesses during the crackdown on student protests in various parts of the country, the Supreme Court on Tuesday said an independent investigation must be carried out to fix accountability. It sought replies from the Centre and seven state governments on allegations of excessive use of force and said it will take a call on an independent probe after they respond.

The court also prohibited authorities from taking any action against students in cases linked to the protests, unless they have a criminal record. It also asked states to release any minor detained during the protests. The court also said CCTV footage, recordings on camera, drones and bodycams, and wireless communication during the protests be preserved.

The bench, led by Chief Justice of India Surya Kant, has sought replies from the Centre and the governments of Delhi, Maharashtra, Bihar, Assam, West Bengal, Kerala and Uttar Pradesh, where police cracked down on protesters gathered under the Cockroach Janta Party (CJP) banner to protest the leaks of competitive exams’ question papers.

This comes a day after the three-judge bench said police excesses cannot be justified merely because an agitation is held. “Right to protest, peaceful protest, lawful protest, is absolutely guaranteed under the constitutional scheme. So long as there is a peaceful allegation, there can’t be excesses,” the Chief Justice said on Monday. The bench called for a “balanced” approach, and noted that actions by “anti-social elements” must be penalised.

Police action against protesters during the agitation over paper leaks in Delhi’s Jantar Mantar and several other cities has come under scrutiny over the past week. In Delhi, security personnel are in a spot after pellet guns were used to disperse the crowd of protesters, leading to severe injuries for some. In Bihar, three people have been injured in police firing to quell the protests, and a policeman has been suspended after a video of him firing an AK-47 assault rifle during a protest circulated on social media.

Nearly 200 people, including protesters as well as security personnel, were injured in the July 20 protest in Delhi. On Tuesday, the Chief Justice flagged the use of pellet guns and electric batons by security forces in Delhi and said a peaceful protest by students is constitutionally protected.

Appearing for the Centre, Solicitor General Tushar Mehta said the students must not have committed any crime, and the violence must have been the handiwork of anti-social elements.



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