NEET UG Paper Leak: Supreme Court Declines to Reconstitute HPEC Probing CJP Protest Violence

New Delhi: The Supreme Court has declined a plea seeking reconstitution of the High-Powered Enquiry Committee (HPEC) constituted to examine the violence during the July Cockroach Janata Party (CJP) student protests at Delhi’s Jantar Mantar, observing that the panel had only recently commenced its work.

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana said the objections raised against the committee were based on conjecture and premature at this stage.

“We are constrained to observe, with some measure of disquiet, that aspersions have been cast upon the HPEC in a manner that is both premature and precipitate,” the bench said in its recent order.

The bench underscored that the committee was established to assist the Court through a fair, transparent and dispassionate enquiry, and not to advance the interests of either side.

“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,” it said.

The five-member committee was constituted on August 18 under the chairmanship of former Supreme Court judge Justice R Subhash Reddy. It is examining allegations of excessive police force against protestors, including at Jantar Mantar and other locations, as well as allegations of violence against security personnel.

The HPEC is required to submit its findings directly to the Supreme Court and function under its supervision.

In its latest order, the apex court also laid down the scope and manner of the committee’s enquiry. It directed the HPEC to initially examine allegations concerning the use of pellet guns, targeted violence, harassment of female protestors, and excessive violence and destruction of property by either side.

The bench clarified that broader constitutional questions would be considered by the Court at the appropriate stage.

To protect vulnerable witnesses, the top court directed that their identities be kept confidential and that their statements and evidence be handled with “utmost confidentiality”. It also permitted the possibility of creating a separate online portal through which witnesses could submit documents and evidence confidentially.

The bench further clarified that nodal counsel would assist the apex court only and would not serve as a communication channel between the HPEC, the Court and the parties.

Senior advocate Dr Monika Gusain and Advocate-on-Record C Solomon were appointed amicus curiae to act as independent arbiters between the parties. The HPEC was also directed to appoint a Member Secretary and submit its first report at the earliest.

The bench separately addressed concerns over the safety of a 14-year-old protestor and her family. It recorded submissions that threats had allegedly been made to their lives, creating “grave and continuing apprehension” regarding their safety.

Taking note of allegations that the Delhi Police had not acted against those allegedly responsible, the Court directed the police to assess the threat perception and provide necessary protection to the child and her family.

It ordered, “We direct the Delhi Police to assess the threat perception and provide the necessary protection to the said child and her family so as to secure her safety, and to expeditiously conduct an investigation against such anti-social elements who are allegedly threatening or harassing her and her family.”

Earlier, the Supreme Court took serious note of allegations that a 14-year-old girl linked to the CJP protests was intimidated and that stones were allegedly pelted at her residence, and observed that no one could be permitted to browbeat a minor or her family for pursuing criminal proceedings.

The Delhi Police has also been directed to file a status report on the issue before the next hearing, scheduled for October 9.

The apex court has been seized of a batch of petitions concerning alleged police brutality during protests in Delhi's Jantar Mantar as well as demonstrations in Bihar and other parts of the country over alleged irregularities and question-paper leaks in competitive examinations, including NEET. 

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