Supreme Court orders release of detained student protesters under 18, grants relief to those with clean records

The Supreme Court on Tuesday ordered the immediate release of all minors arrested during the recent student protests and called for a “thorough, fair and impartial” investigation into allegations of violence by both protesters and police.

A bench headed by Chief Justice of India Surya Kant said the interim protection would apply only to students and peaceful protesters, clarifying that it would not extend to anti-social elements or those with criminal antecedents.

Hearing petitions related to the July 20 “Sansad Chalo” protest and demonstrations over the NEET controversy, the court issued notices to the Centre and several states, observing that allegations of excessive police force as well as attacks on police personnel warranted an independent, evidence-based inquiry.

The bench stressed that peaceful protests are constitutionally protected but cautioned that such demonstrations are sometimes infiltrated by disruptive elements. It also took note of allegations involving pellet guns, electric batons, lathi charges, assaults on women and journalists, and the alleged participation of police personnel in plain clothes.

At the same time, the court acknowledged claims that more than 200 police personnel were injured during the protests, saying both versions of events must be examined through a scientific investigation rather than preliminary conclusions.

The Supreme Court also indicated it may constitute a high-powered committee to investigate incidents beyond Delhi and hinted at revisiting existing guidelines governing police handling of protests, saying the legal framework may need to be updated.

As an interim measure, the bench directed authorities to preserve CCTV footage, drone recordings, body-camera videos, wireless communications and PCR call records related to the protests. It also ordered police to retain protesters’ digital data without making any personal information public.

The matter will be heard again next week after the Centre and the states file their responses.