NEET UG Protest Case: SC Refuses Panel Restructuring, High-Powered Committee to Continue

The Supreme Court has refused to consider requests to reconstitute the five-member High-Powered Enquiry Committee (HPEC) formed to investigate allegations of police excesses against students protesting in Delhi, along with allegations concerning the assault of police personnel.

A Bench headed by Chief Justice of India (CJI) Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, observed that the existing HPEC is an extension of the court itself and will continue its work in its present form.

The court also stated that it would monitor and assess the committee’s functioning. Parties have been given the opportunity to raise concerns or objections regarding how the HPEC carries out its responsibilities.

Supreme Court Rejects Demand to Reconstitute Committee

During the hearing, the petitioners requested changes to the composition of the High-Powered Committee, citing concerns about a possible conflict of interest involving one of its members.

Senior Advocate Prashant Bhushan argued that a former DGP of a northeastern state who is part of the committee could potentially face a conflict because of his association with an individual who may come under the committee’s investigation.

Senior Advocate Gopal Sankaranarayanan also raised concerns about the committee’s composition. He suggested that an independent amicus and Advocate-on-Record should be associated with the panel instead of a government-appointed counsel.

However, the Supreme Court declined to accept these suggestions and decided that the existing High-Powered Enquiry Committee would continue without any change in its composition.

Supreme Court Allows Public Submissions Before High-Powered Committee

The Supreme Court has stated that the proceedings of the High-Powered Enquiry Committee should remain transparent and accessible to the public.

The court said that a public notice will be issued inviting individuals who wish to appear before the committee. Interested persons will be allowed to submit their views, documents, relevant information or evidence for consideration.

The committee will examine the submissions received, while the member secretary will be responsible for maintaining custody of the documents. The court also indicated that the records could be entrusted to a retired district judge or judicial magistrate for safe handling.

Petitioners Question Committee Member Over Possible Bias

The petitioners continued to raise concerns about the composition of the committee and questioned the neutrality of another member.

Justice Joymalya Bagchi said that the court would consider the objections raised by the petitioners. However, he observed that it would not be appropriate to presume bias against a member who was appointed by the Supreme Court and is serving under the leadership of a former Chief Justice.

The Bench further noted that the committee members were selected considering their professional expertise and varied experience relevant to the matter under investigation.

Supreme Court’s High-Powered Committee: Members

The Supreme Court had earlier constituted a five-member High-Powered Enquiry Committee, headed by former Chief Justice Justice R. Subhash Reddy.

The committee has been assigned to examine various issues related to the protests, including:

• Alleged excessive use of force against protesting students

• Use of pellets and other measures by the police

• Alleged attacks on police personnel and security forces

• The circumstances and overall developments surrounding the protests

Why Did the Supreme Court Constitute the Committee?

The High-Powered Committee was constituted following complaints alleging police misconduct and excessive force against students during protests in Delhi.

According to the claims presented before the court, the protests were organised by the Cockroach Janta Party (CJP) and included a march towards Parliament House on July 20. The demonstration reportedly resulted in clashes between protesters and security personnel.

The complaints alleged that police used measures including lathi charges and tear gas shells to control and disperse the protesters.

The demonstrations had reportedly started at Jantar Mantar on June 20 and subsequently spread to other cities. The protesters were demanding the resignation of Union Education Minister Dharmendra Pradhan.

The protests reportedly concluded on July 25 following Pradhan's resignation and the government's acceptance of the demands raised by the CJP.

Supreme Court’s Stand on the Committee

While constituting the panel, the Supreme Court had emphasised that its members were selected based on their expertise, experience and diverse backgrounds.

The court had also indicated that the committee's findings would assist it in examining the issues surrounding the protests and alleged police actions.

For now, the Supreme Court has not approved any change in the committee's composition, and the existing panel will continue with its assigned responsibilities.​​​​​​​

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