The Supreme Court recently refused to reconstitute the High-Powered Enquiry Committee (HPEC) constituted to examine the violence that occurred during the July Cockroach Janata Party (CJP) student protests at Jantar Mantar. A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana declined an application filed by certain parties seeking reconstitution of the panel, observing that the objections raised were premature and precipitate.
The Bench expressed disquiet over the manner in which aspersions had been cast upon the HPEC, stating that such criticisms were based on mere conjecture as the Committee had only just begun its enquiry. It emphasized that the HPEC was constituted to assist the Court with the highest standards of fairness, transparency, and a dispassionate approach, and was not created to espouse the causes of any party before it.
The five-member HPEC was constituted by the Court on August 18 and is chaired by former Supreme Court judge Justice R Subhash Reddy. The Committee has been tasked with examining allegations of excessive police force against protestors at Jantar Mantar and elsewhere, as well as violence against security personnel. The Committee will report directly to the Court and function under its supervision.
In its recent order, the Court issued several additional directions to the HPEC. It directed the Committee to first examine the use of pellet guns, targeted violence and harassment of female protestors, and excessive violence and destruction of property on either side. Broader constitutional questions were to be decided by the Court at the appropriate stage. The identities of vulnerable witnesses are to be kept confidential with utmost confidentiality over their statements and evidence. A separate online portal may be created for witnesses to submit documents and evidence confidentially. Nodal counsel is to assist only the Court and not act as a line of communication between the HPEC, the Court, and the parties.
The Court appointed Senior Advocate Dr. Monika Gusain and Advocate-on-Record C Solomon as amici curiae to act as independent arbiters between the parties. It also directed the HPEC to appoint a Member Secretary and submit its first report at the earliest.
Regarding concerns raised about a particular 14-year-old protestor, the Court recorded submissions that several threats had been made to her life and that of her family, occasioning grave and continuing apprehension as to their safety. It noted allegations that the Delhi Police had taken no action against the alleged miscreants and proceeded to direct the police to provide necessary protection to the child and her family.
The Court directed the Delhi Police to assess the threat perception and provide the necessary protection to the said child and her family to secure her safety, and to expeditiously conduct an investigation against such anti-social elements allegedly threatening or harassing her and her family. The Delhi Police was further directed to file a status report regarding the same before the next date of hearing, which is scheduled for October 9.