SC declines plea to reconstitute panel probing police excesses during CJP protest
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Photo: IANS
New Delhi: The Supreme Court has refused to reconstitute the five-member High-Powered Enquiry Committee (HPEC) appointed to examine allegations of police excesses against student protesters in Delhi, observing that the concerns raised about the panel were based on conjecture and preconceived notions.
A bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana said the committee had been constituted to assist the court with the highest standards of fairness and transparency and to approach the issues without bias.
In its September 10 order, uploaded online on Tuesday, the bench clarified that the HPEC was not intended to advance the interests or cause of either side involved in the proceedings, The New Indian Express reported.
The court directed the committee to continue its examination of allegations concerning the use of pellet guns, targeted violence and harassment of women protesters. It also asked the panel to look into allegations of excessive use of force and destruction of property allegedly committed by either side.
Addressing concerns about the treatment and safety of witnesses and others who may approach the committee to present their accounts or grievances, the Supreme Court asked the HPEC to provide appropriate protection to vulnerable witnesses and maintain the confidentiality of their identities, according to media reports.
The bench also directed Senior Advocate Monika Gusain, assisted by advocate C Solomon, to assist the committee in its proceedings and function as an independent intermediary between the parties.
It further asked the HPEC to appoint a member secretary at the earliest to handle logistical and secretarial requirements connected with the inquiry.
During the hearing, advocate Prashant Bhushan, representing one of the petitioners seeking reconstitution of the committee, had raised concerns over an alleged conflict of interest involving one of its members, a former DGP of a northeastern state. Bhushan submitted that the member was a close associate of a senior functionary who could potentially come under the committee’s investigation.
Senior advocate Gopal Sankaranarayanan also supported the concerns raised by Bhushan.
Solicitor General Tushar Mehta, however, opposed the submissions and urged the Supreme Court not to take such allegations into consideration.
The Supreme Court had constituted the HPEC under the chairmanship of former apex court judge R Subhash Reddy to investigate allegations of police excesses against student protesters during the Cockroach Janta Party (CJP)-led march in Delhi on July 20, as well as allegations of violence against police personnel.
The panel also includes former Punjab and Haryana High Court Chief Justice Ravi Shankar Jha, former Delhi High Court judge Shalinder Kaur, former CBI director Rishi Kumar Shukla and retired Meghalaya DGP L R Bishnoi.
The march towards Parliament, organised by the CJP, had witnessed clashes between protesters and security personnel, following which police used lathis and tear gas to disperse the gathering.
The protests had begun at Jantar Mantar on June 20 and were called off on July 25 after the Union Education Minister Dharmendra Pradhan resigned and the government agreed to the CJP's other demands.