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ToggleIn a significant interim order aimed at protecting the rights of student protesters, the Supreme Court has directed states to immediately release detained participants of the Cockroach Janta Party (CJP)-led protests who have no prior criminal record. The court also instructed authorities to refrain from taking any coercive action against protesters while investigations continue.
The order came during the hearing of petitions alleging excessive police force against students protesting over the alleged NEET-UG 2026 paper leak. The demonstrations, which began at Delhi’s Jantar Mantar, later spread to several states, including Bihar, Maharashtra, Assam, Gujarat, West Bengal and Kerala.
No Coercive Action Against Protesters
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana ruled that while police may continue to register First Information Reports (FIRs), no coercive action should be taken against protesters during the pendency of the case.
The court specifically ordered the release of those detained who have no criminal antecedents. However, it clarified that the protection would not automatically extend to individuals with prior criminal records, leaving any action against them subject to further legal consideration.
Court Sees Prima Facie Case for Independent Probe
The Supreme Court observed that the allegations of police excesses made out a prima facie case warranting an independent and impartial investigation.
Petitions before the court alleged that police used lathi charges, pellet guns, tear gas and electric weapons against students participating in peaceful demonstrations, raising concerns over possible violations of constitutional rights guaranteed under Articles 14, 19, 20 and 21.
Preservation of Evidence Ordered
To ensure transparency, the apex court directed authorities to preserve all evidence related to the protests, including:
- CCTV footage
- Drone recordings
- Body-camera footage
- Police Control Room (PCR) records
- Wireless communication logs
The court also ordered police to preserve the digital data collected from protesters and prohibited authorities from publishing or releasing any personal information belonging to demonstrators.
Senior Officials Summoned
The Supreme Court has directed the Chief Secretaries and Directors General of Police (DGPs) of the concerned states to appear at the next hearing, scheduled for August 3, to explain the actions taken during the protests and assist the court in determining further steps.
Relief for Detained Protesters
The court’s order has already resulted in immediate relief for several detained protesters. In Kolkata, for instance, 16 NEET protesters secured bail within hours after the Supreme Court’s directions prompted an urgent rehearing of their cases.
Background
The CJP-led nationwide protests erupted after allegations of irregularities and paper leaks in the NEET-UG 2026 examination. Protesters demanded accountability, reforms in the examination system and the resignation of then Education Minister Dharmendra Pradhan. The demonstrations witnessed clashes with police in multiple states, leading to numerous arrests and allegations of excessive force.
The Supreme Court’s interim directions are expected to provide immediate relief to peaceful protesters while ensuring that allegations of police misconduct are examined through an independent and impartial process.