BREAKING: Supreme Court Refuses To Alter Constitution Of 5-Member Committee Probing NEET Protest Violence

The Supreme Court has refused to alter the constitution of the High-Powered Enquiry Committee(HPEC) it had constituted in August to undertake an independent and impartial investigation into the alleged acts of violence during the NEET Paper Leak protests.

Expressing strong views against the request made before it, the CJI Surya Kant led bench said, "we are not inclined to effect any alteration in the constitution of the Committee, particularly where the prayer for such reconstitution proceeds on nothing more than conjecture and preconceived notions, articulated even before the HPEC has embarked upon its enquiry. It must be understood by one and all that the HPEC has been constituted to assist this Court with the highest standards of fairness and transparency and with a dispassionate approach. The HPEC is not created to espouse the causes of one or the other party before us."

The court has addressed concerns over the treatment of witnesses, and ordered that those who may wish to come forward before the HPEC to furnish their account and voice their grievances, the HPEC shall made sure that such vulnerable witnesses be extended due protection and their identities be kept confidential and undisclosed.

Also, court has appointed Dr. Monika Gusain, Senior Advocate, along with Mr. C. Solomon, AOR, as Amici Curiae, who shall assist Court as a representative of the HPEC, and shall further act as an independent arbiter between the parties.

The HPEC has also been requested to appoint a Member Secretary at the earliest, so as to facilitate any such logistical or other secretarial assistance as the HPEC may require in the discharge of its functions.

The court had constituted the High-Powered Enquiry Committee(HPEC) headed by Justice (Retd.) R. Subhash Reddy, Former Judge of the Supreme Court of India. The HPEC also consists of Justice Ravi Shankar Jha, Former Chief Justice of Punjab and Haryana High Court; Mrs. Justice Shalinder Kaur, Former Judge of the Delhi High Court; Rishi Kumar Shukla, Former Director of the Central Bureau of Investigation and Dr. L.R. Bishnoi, Retired Director General of Police, Meghalaya as Members.

The top court has clarified that the enquiry undertaken by the HPEC shall not be a one-time exercise rather, the Committee shall undertake a continuous and periodic assessment of the issues enumerated hereinabove, and shall submit its interim findings periodically so as to enable this Court to take appropriate measures and issue such directions as may be warranted.

CJI Surya Kant led bench has recommended that the HPEC address certain issues on a priority basis, foremost amongst which is the matter relating to the alleged incidents of targeted violence, harassment, and molestation of female protestors. Similarly, the HPEC may also assess the grievous harm and injury allegedly caused to protestors by police authorities and security personnel, and investigate aspects such as the chain of command resulting in such excesses, those responsible for such actions and whether there were any breaches of any of the existing laws, rules or norms in exercising such force. Additionally, the HPEC may also examine issues pertaining to the grant of interim compensation to those injured on either side, whether police personnel or protestors.

Case Title: SHAILENDRA MANI TRIPATHI vs UNION OF INDIA & ORS.