NEW DELHI: The Supreme Court on Tuesday directed all states and Union Territories to immediately release students below the age of 18 who were detained during recent nationwide protests over the NEET examination controversy, provided they have no previous criminal record. The court also indicated that it is considering an independent investigation into allegations of violence involving both protesters and law enforcement agencies.
Relief for Under 18 Detained During Protests
Hearing a batch of petitions related to the protests and the subsequent police action, the apex court observed that children should not face long-term consequences for participating in demonstrations, particularly when they have no criminal history.
The bench instructed all state governments to ensure the immediate release of detained minors who satisfy the eligibility criteria. The judges emphasized that any legal action involving juveniles must strictly follow the provisions of child protection laws and constitutional safeguards.
The order comes after widespread concerns were raised over the detention of students during protests held in several parts of the country following the NEET examination controversy.
Court Stresses Right to Peaceful Protest
During the hearing, the Supreme Court reiterated that peaceful protest is an essential feature of a democratic society. It observed that merely participating in a public demonstration cannot justify excessive use of force by authorities.
The bench noted that law enforcement agencies are expected to maintain public order while respecting the constitutional rights of citizens. It remarked that force should not become the first response to peaceful gatherings unless there is a clear and immediate threat to public safety.
The court also acknowledged that allegations have been made not only against the police for alleged excesses but also against certain protesters accused of attacking security personnel. It said that both sets of allegations deserve an impartial examination.
Independent Probe Under Consideration
The Supreme Court indicated that it is considering the appointment of an independent Special Investigation Team (SIT) to examine the incidents surrounding the protests.
According to the court, an independent inquiry would help establish the facts without prejudice and ensure accountability wherever wrongdoing is found. The proposed investigation may examine allegations of excessive police action, attacks on police personnel, damage to public property, and any other incidents reported during the demonstrations.
The judges observed that the objective is not to shield any individual but to ensure that responsibility is fixed wherever violations of law are established.
Directions to Preserve Digital Evidence
In another important direction, the apex court ordered authorities to preserve all digital evidence connected to the protests.
This includes CCTV footage, mobile phone recordings, body-camera videos, and other electronic records that may assist in determining the sequence of events. The court also directed that any digital data collected from protesters should remain protected and not be disclosed publicly without following due legal process.
The judges said that preserving evidence is necessary to maintain transparency and ensure that future investigations are based on reliable material.
Background of the Nationwide Demonstrations
The protests erupted after allegations of irregularities in the NEET examination process, leading to demonstrations by students and various organizations across several states. Protesters demanded greater transparency, accountability, and reforms in the examination system.
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In several locations, demonstrations reportedly turned tense, resulting in clashes between protesters and police. Authorities detained numerous participants, including students below the age of 18, triggering criticism from civil society groups and legal experts.
Petitions filed before the Supreme Court questioned the legality of police action, sought the release of detained students, and requested an independent investigation into the incidents.
Next Hearing Expected Soon
The Supreme Court is expected to continue hearing the matter after responses are filed by the concerned state governments and authorities.
The forthcoming proceedings are likely to focus on whether an independent SIT should be constituted, the status of detained students across different states, and the implementation of the court’s interim directions.
Legal observers believe the court’s order provides immediate relief to affected minors while also setting the stage for a broader examination of how public protests are handled. The outcome of the case could influence future guidelines on balancing public order with citizens’ constitutional right to peaceful assembly.
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