New Delhi: The Supreme Court has refused to reconstitute a five-member high-powered committee set up to examine alleged police excesses against student protesters in Delhi, underlining that allegations against the panel were conjectures and preconceived notions.
A bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana said the committee has been constituted to assist it with the highest standards of fairness and transparency and with a dispassionate approach.
The High-Powered Enquiry Committee (HPEC) is not created to espouse the causes of one or the other party before the court, the bench said in the order dated September 10 that was uploaded online Tuesday.
“We are not inclined to effect any alteration in the constitution of the Committee, particularly where the prayer for such reconstitution proceeds on nothing more than conjecture and preconceived notions, articulated even before the HPEC has embarked upon its enquiry,” the bench said.
The top court asked the HPEC to proceed with its enquiry into issues pertaining to the use of pellet guns, targeted violence and harassment of female protesters, as well as the issue of excessive violence and destruction of property occasioned on either side.
“With respect to the concerns voiced over the treatment of witnesses and of those who may wish to come forward before the HPEC to furnish their account and voice their grievances, we request the HPEC that such vulnerable witnesses be extended due protection and their identities be kept confidential and undisclosed,” it said.
“It goes without saying that utmost confidentiality shall be maintained in respect of any statements given or evidence submitted by such vulnerable witnesses to the HPEC. In furtherance thereof, a separate online portal may be created to facilitate such witnesses and other requisite stakeholders to submit their documents and evidence,” it added.
The bench directed that Senior Advocate Monika Gusain, along with advocate C Solomon, shall assist it as a representative of the HPEC, and shall further act as an independent arbiter between the parties.
“Similarly, we also request the HPEC to appoint a member secretary at the earliest, so as to facilitate any such logistical or other secretarial assistance as the HPEC may require in the discharge of its functions,” the bench said.
Earlier, advocate Prashant Bhushan, appearing for one of the petitioners seeking reconstitution of the HPEC, submitted that one of the members of the panel who was a former DGP of a northeastern state was under a “conflict of interest” as he was a close friend of a high functionary who was likely to be under investigation.
Senior advocate Gopal Sankaranarayanan had echoed Bhushan’s views.
Solicitor General Tushar Mehta had opposed the submissions and asked the apex court to ignore such allegations.
The Supreme Court formed the HPEC, headed by former top court judge R Subhash Reddy, to examine allegations of police excesses against student protesters during the Cockroach Janta Party (CJP)-led protest march on July 20 in Delhi and violence against police personnel.
It had said the committee would comprise former Punjab and Haryana High Court chief justice Ravi Shankar Jha, former Delhi High Court judge Shalinder Kaur, former CBI director Rishi Kumar Shukla and retired Meghalaya DGP L R Bishnoi.
“This HPEC has been constituted bearing in mind a wide variety of considerations, including the individual expertise and experience of each of its members, as well as the diversity of the committee, among other factors.
“We are confident that the recommendations of the HPEC will be of invaluable assistance to this court, and the committee will be able to undertake a comprehensive assessment of all such issues as merit due contemplation,” the bench had said.
The CJP-led march to Parliament saw clashes between protesters and security personnel, who used lathis and teargas shells to disperse crowds.
The agitation, which began at Jantar Mantar June 20, was called off July 25 after then Union education minister Dharmendra Pradhan resigned and the government accepted the CJP’s other demands.
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