HPEC cannot order FIR over CJP-led protests: SC
nEW delhi, Sept. 11 -- The Supreme Court on Thursday made it clear that its five-member high-powered enquiry committee (HPEC) cannot order registration of FIRs in connection with the July protests led by the Cockroach Janata Party (CJP), saying the power to direct criminal investigations rests exclusively with the court.
A bench, comprising Chief Justice of India Surya Kant and justices Joymalya Bagchi and V Mohana, said the committee would examine the allegations, identify victims and make recommendations, but any decision to order a criminal investigation would have to be taken by the Supreme Court.
The clarification came as the bench agreed to expedite the proceedings before the committee and said it would "iron out" any creases that emerge in the course of its functioning.
"The committee has to work under the direct supervision of this court," said the bench, adding that the HPEC could appoint its own amicus or lawyer to assist it before the Supreme Court. It also permitted the committee to give wide publicity to its proceedings, invite suggestions and objections and create a dedicated mechanism, including a helpline, for vulnerable witnesses who may be unable to approach it directly.
Solicitor General Tushar Mehta, appearing for the Centre and Delhi Police, told the court that the committee's first meeting had been scheduled for September 15.
The HPEC, headed by former Supreme Court judge justice R Subhash Reddy, was constituted to independently examine competing allegations arising from July 20 student protest, including allegations of excessive use of force by police as well as violence against security personnel and damage to public property.
The committee has been authorised to receive documentary evidence, representations and even anonymous complaints to protect witnesses. The court on Thursday rejected suggestions that its composition be changed, saying it had constituted the panel and would not reconstitute it even before it had begun its work. "We cannot reconstitute a committee like this," said the bench, while making it clear that concerns about its functioning could be raised before the court.
The court was, however, particularly concerned about criminal cases already registered in relation to alleged intimidation, assault and violence against minors and other victims.
It directed Delhi Police to urgently act on an FIR registered at Parliament Street police station concerning allegations that a 14-year-old girl was threatened, harassed and intimidated in connection with the protests. The girl is now residing in Uttar Pradesh. "We would like immediate action to be taken on that FIR and a report to be filed," said the bench, directing that police protection and appropriate safeguards be provided to the girl and her family by Uttar Pradesh Police.
The bench stressed that allegations of intimidation of a child could not be allowed to await the outcome of the HPEC inquiry if those accused were roaming free and attempting to browbeat the victim or her family. "If there are anti-social elements roaming free and trying to browbeat a child and their family so that they do not pursue criminal proceedings, they have to be acted upon. a child is a child"....
To read the full article or to get the complete feed from this publication, please
Contact Us.