GUWAHATI: The Supreme Court on Monday, August 3, clarified that state governments are free to close or withdraw FIRs filed against students for participating in student protests, provided the action is taken in accordance with the law.
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The clarification came while the Court modified its July 28 order, which had stated that states could continue investigations in the cases. Petitioners argued that the earlier order could create hurdles in withdrawing FIRs, despite an assurance that such cases could be reconsidered.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana said the earlier order should not prevent states from legally withdrawing or closing the cases.
The Court also clarified that the expression "criminal antecedents" used in its July 28 order refers only to grave and heinous offences. Earlier, the Court had directed that no coercive action be taken against students without criminal antecedents. The clarification came after concerns were raised that the term could unfairly affect students involved in minor or petty offences.
The matter relates to petitions arising from the violence during the 'Chalo Sansad' protest march held on July 20. The petitions include allegations of excessive force by police as well as claims regarding injuries suffered by police personnel during the protests.