'Please appreciate, see students' future': Top court refuses to reopen FIRs over CJP's July stir

The Supreme Court on Friday refused to reopen investigations into FIRs registered in connection with the July protests led by the Cockroach Janta Party (CJP), saying it had invoked its extraordinary powers under Article 142 of the Constitution to spare young students and their parents the ordeal of prolonged criminal proceedings.

A bench, comprising Chief Justice of India Surya Kant and justices Joymalya Bagchi and V Mohana, also questioned the attempt to challenge its September 1 order quashing the FIRs, observing that the fresh petition filed by L Ramanathan was essentially seeking a review of the earlier decision in a manner that could not be permitted.

“There is no guarantee we keep passing 100% correct orders,” remarked the bench, while responding to advocate Mathews J Nedumpara, who appeared for Ramanathan and argued that the court’s intervention could set a bad precedent by encroaching on the police’s independent authority to investigate offences.

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“You say we should not have invoked Article 142 and quashed FIRs. Please appreciate, these are young students. We have to see their parents, their future. We don’t want them to have to come to court over and over again,” said the bench, underlining that the decision was guided by the need to prevent students from being trapped in protracted litigation over the protests.

The bench also drew a distinction between the students and protesters involved in the cases and individuals with serious criminal backgrounds, referring to an earlier order in which it had allowed the withdrawal of cases against members of Parliament and legislative assemblies who had staged protests and caused damage to public property.

“Your client should see our order. It has made a distinction between students, protesters and those with serious criminal background,” it added.

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The September 1 order had brought an end to criminal proceedings arising from the protests, directing that FIRs registered between July 20 and 25 would not be pursued or investigated and would be treated as closed. It also prohibited the registration of fresh FIRs in connection with the same incidents.

The latest petition sought a declaration that the police enjoyed independent authority over the maintenance of law and order and criminal investigations, just as the judiciary exercised its authority over the administration of justice. It also sought directions to ensure that investigations into the FIRs relating to the Jantar Mantar protests were conducted independently, fairly and in accordance with law.

Nedumpara argued that the police’s investigative domain should not be interfered with unless its actions were contrary to law or actuated by mala fides, which would require adjudication of disputed questions of fact.